10-16-1997 Regular Meeting.,
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, Recording Secretary
Chairman Bradby called the meeting to order at 6:00 p.m. The invocation
was delivered by Supervisor Cofer.
//
YEAR NINETEEN HUNDRED NINETY SEVEN
PRESENT: Henry H. Bradby, Chairman
Robert C. Claud, Sr., Vice Chairman
O. A. Spady
Malcolm T. Cofer
Phillip A. Bradshaw
REGULAR MEETING OF THE ISLE OF .WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF .OCTOBER IN THE
..Chairman Bradby indicated the following Consent Agenda included Item
1, A and B, and asked if there were any items for removal:
A. Resolution to Declare Voting Machines as Surplus Equipment
B. Delinquent Real Estate Tax Collection Monthly Report
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 (5-0).
U
Chairman Bradby called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, informed the Board
that he had been advised by the Resident Engineer that the VDOT District
Location and Design Section had been requested to design and stakeout a new
alignment for Pruden Road at the 90 degree curve before property owners are
approached further about dedication of right-of--way.
Supervisor Bradshaw requested Mr. Hartley to provide a copy of this
information to Norman Holloway.
Mr. Hartley stated the VDOT Resident Engineer had also provided
additional information on VDOT policy related to the "Pave-In-Place" legislation,
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effective July 1,1997, which allows paving of roads where the right-of-way is
.less than 40 feet...
Mr. Hartley informed the Board that the Commonwealth Transportation
Board intends to facilitate and develop the Transportation Corridor #9, as
adopted by the .Hampton Roads MPO on July 16, 1997. Such crossing will..
connect I-564 in Norfolk, I-664 in Newport News, and Route 164, stated Mr. .
Hartley.
Mr. Hartley informed the Board that VDOT had advised by letter dated
October 16, 1997 that Route 602 (Longview Drive) will be closed to through
traffic between Route 600 (Oliver Drive) and Route 601 (Sandy Ridge Drive) in
order that repairs to the bridge over Chuckatuck Creek can be accomplished.
Supervisor Bradshaw requested the status of the Route 58 Business bridge
reconstruction. and realignment in the Six-Year Plan.
County Administrator Caskey indicated -the Resident Engineer will be
present at the Board's November 20, 1997 meeting and he has been requested to
advise the Board on the status of this project at that. time.
//
Chairman Bradby called for Citizens Comments.
Arthur Diggs, Sean Jamison and Gayle Dunning, residents, requested the
paving of Muddy Cross Road. citing hazardous driving conditions for school
buses and vehicles .due to flooding and the narrow width of the road.
Supervisor Spady suggested a meeting be scheduled with the Resident
Engineer and that a report concerning the details of what needs to be
accomplished (amount of right-of--ways secured to date) be forwarded to the
.Board. Supervisor Spady further suggested that this road be placed on the list of
items to be addressed by the VDOT Resident Engineer at his quarterly
appearancebefore the Board in November..
Henry Bell requested the status of Raynor Road (Route 681).
Supervisor Spady requested the issue be placed on the list of items to be
discussed with the VDOT Resident Engineer at his quarterly appearance.
Nancy Kornhaus requested the Board's assistance in obtaining adequate
road maintenance along a section of Oliver Drive.
Supervisor Claud requested Ms. Kornhaus' concern be placed on the list to
be discussed with the VDOT Resident Engineer at his quarterly meeting with the
Board in November.
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Evelyn Chandler informed the Board that the Historical Society intends to
invite Bill Crosby from Richmond to tour Boykin's Tavern and provide them with
his proposed Scope of Work. Ms. Chandler distributed to the Board a sketch of
the sign proposed for the lawn of Boykin's Tavern. Ms. Chandler announced the
fund raising campaign is scheduled for Friday, November 14, 1997 at 2:00 p.m.
on the lawn of Boykin's Tavern.
//
Chairman Bradby called far the Community Development report.
Mr. Hartley presented the application of -GTE Mobilnet, owner and
PrimeCo Communications, lessee, for a Conditional Use Permit to co-locate their
antenna on an existing tower and construct a twelve (12) foot by twenty (20) foot
equipment pad. adjacent. to the base of the tower which is located at 6279
Windsor Boulevard in Hardy Magisterial District for the Board's consideration.
There being no questions .from the Board, Supervisor Claud moved the
Board approve the application of GTE Mobilnet, as conditioned. The motion
was adopted unanimously (5-0).
Mr. Hartley stated correspondence was received from VACo regarding
proposed rules of .the FCC, specifically the preemption by the FCC of local
zoning authority on the siting, placement, and construction of broadcast station
transmission facilities.
Supervisor Spady moved the Board adopt the. following resolution and that
it be forwarded to the County's congressional members:
RESOLUTION OF OPPOSITION TO THE PROPOSED PREEMPTION
BY THE FEDERAL COMMUNICATIONS COMMISSION
OF LOCAL ZONING AUTHORITY ON THE SITING, PLACEMENT, AND
CONSTRUCTION OF BROADCAST STATION
TRANSMISSION FACILITIES
(MM Docket No. 97-182)
WHEREAS, the Federal Communications Commission (FCC) has
proposed a preemption of local zoning authority in order to promote. the
construction of digital television (DTV) in accordance with an accelerated
schedule for construction established also by the FCC; and,
WHEREAS, the proposed preemption would require local zoning approval
within 21 days for existing broadcasting tower sites to 45 days for any new
broadcasting tower sites proposed by the DTV broadcasting industry; and,
WHEREAS, these proposed time limitations are inconsistent. with the
normal. timetable established for consideration of .rezoning petitions and
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conditional use permits, due to referrals to other agencies and public notice
requirements; and,
WHEREAS, the proposed preemption would prohibit any action that is not
directly related to public health and safety, preventing any action based on
.community standards, property values, environmental issues, or the policies of
the Comprehensive Plan; and,
.WHEREAS, the proposed preemption would establish the FCC as the
entity to which all appeals would be considered rather than the present system of
appeals being considered by the court system; and,
WHEREAS, the proposed preemption is solely in support of a private
commercial venture and intended to support economic gains with no direct
benefit to the citizens of Isle of Wight County.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight Board of
Supervisors strongly opposes. the adoption of any rules or administrative
provisions that would limit the local authority over. land use decisions related to
broadcasting station facilities and towers.
The motion was adopted unanimously (5-0).
//
Chairman Bradby called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, presented for the
Boadd's consideration information related to the pending increase in the existing
water rate structure scheduled to go into effect. on January 1, 1998.
Supervisor Spady stated the Board's intention is that increases for
unmetered systems not take effect until improvements are actually made.
Supervisor Spady then moved that the price increase not be effective until criteria
by the Board is established. The County Attorney was further directed to proceed
in drafting. an appropriate amendment to the Water Ordinance. The motion was
adopted unanimously (5-0).
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook informed the .Board that the County. has an
ordinance requiring setback for roadside sales and that the fee is an,
administrative fee to coverthe enforcement of the additional regulations for these
vendors. County Attorney Crook noted he would copy the Board members on
the opinions he provided to the Sheriff and the Commissioner of Revenue in
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these cases:
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County Attorney Crook noted the Planning Commission requested he
communicate to the Board its request for the Board to consider filling the
position of Codes Enforcer and that the Board authorize the County
Administrator to fill this position..
Supervisor Bradshaw moved the Board authorize the CountyAdministrator
to advertise and fill the position of Codes Enforcer and that the position be under
the direction of the Department of Planning and Zoning. The motion was
adopted unanimously (5-0).
1
//
Chairman Bradby called for the County Administrator's report.
County Administrator Caskey presented a request from the Blackwater
Baptist Association of Virginia to use the property adjoining the Courthouse on
March 7, 1997 for a one (1) day event.
Betty Crocker, representing the Blackwater Baptist Association of Virginia,
requested the Board's permission to use the property adjoining the Courthouse on
March 7, 1997 for a one (1) day event for a missions .fair which will include
booths from different organizations and churches throughout the Blackwater
Association and the immediate area. .The Association does have liability
insurance and there will be an addendum to the policy to cover this event, stated
Ms. Crocker.
County Attorney Crook noted there are constitutional limitations on local.
government and religious events and expressed his desire to meet with Ms.
Crocker and the County Administrator to get all the details and report back to the
Board with his findings.
Supervisor Bradshaw moved the Board defer action on the request until the
County Administrator and County Attorney have an opportunity to meet with
Betty Crocker to discuss the specific details of the request. The motion was
adopted unanimously (5-0).
County Administrator Caskey noted each county has been requested by
VACo to designate a representative(s) of the Board to cast its vote at the.
upcoming Annual Business Meeting.
Supervisor Bradshaw moved the Board designate Supervisor Claud to act
as avoting delegate and himself as the alternate voting delegate for the upcoming
VACo Annual Business Meeting. The motion was adopted unanimously (5-0).
County Administrator Caskey stated there is a small cluster community
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south of the Windsor Corporate Limits .that is requesting the feasibility of
extending the sewer collection system to that community. -The Board had
previously mentioned it may be feasible to pursue a Community Development
Block Grant for that community whereby the County could possibly secure
funding to provide that infrastructure. A meeting was scheduled with the State
Department of Community Development regarding the effort currently underway
in the Camptown community at which time the County was advised. it could only
have one active application at a time. It was suggested that the. Town of Windsor
could possibly be the applicant and entity that procured that application through
the State process, stated County Administrator Caskey.
Supervisor Claud moved the Board authorize the County Administrator to
contact the Windsor Town Manager and Windsor Town Council on the Board's
behalf requesting that they initiate an application for the project to serve the
community on the southern end of Windsor.. The motion was adopted
unanimously (5-0).
County Administrator Caskey noted he had several matters for executive
session later in the meeting.
//
Chairman Bradby called for Old Business.
There was no old business offered for discussion.
//
Chairman Bradby called for New Business.
There was no new business offered for discussion.
//
Chairman Bradby called for Appointments.
Supervisor Bradshaw moved the Board appoint William Dyer to the
Southeastern Virginia. Job Training Administration far a two year term which
will expire in October of 1999. The motion was adopted unanimously (5-0).
.Supervisor Bradshaw moved the Board appoint Arlene Dragseth to the
Community Policy and Management Team, replacing Mary Catherine Foster, as
the Public Agency Representative. The motion was adopted unanimously (5-0).
Donald T. Robertson, Assistant to the County Administrator/Director of
.Human Resources, distributed to the Board a letter of resignation from Robert
P. Leber from the Planning Commission citing work conflicts.
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Supervisor Spady moved the Board accept the resignation of Robert P.
Leber on the Planning Commission, by letter dated October 14, 1997, with
regrets. "The motion was adapted unanimously (5-0).
//
At 6:55 p.m., Supervisor Bradshaw moved the Board take afive-minute
recess. The motion was adopted unanimously (5-0).
Returning to open session at 7:00 p.m., Chairman Bradby called for the
public hearings.-
Mr. Hartley notified the Board that an error occurred on the notices mailed
out to the adjoining property owners on the applications of (A) Coastal Investors,
Inc., (E-1) E. Baxter Seward. (E-2) Jenkins family Trust, .and (E-3) Brian J.
Lally, as listed on the table of contents in the agenda. These notices advised that
the meeting commenced at 2:00 p.m. rather than 7:00 p.m. Since that time, all
property owners have been. contacted either by telephone or by personal notice
and advised that the correct time for the hearing is 7:00 p.m., stated Mr. Hartley.
1
County Attorney Crook stated that he was advised by staff that the public
notices in the newspapers were properly published under the statute and that it
was the letter notices to the adjoining property owners which were incorrect in
the time of the meeting only and that those landowners which were affected have
since been notified of the correct time either by telephone call or by delivery of
new notices. County Attorney Crook stated the statutes dealing with notices are
strictly adhered to by the Courts and Section 15.1-431 of the Code of Virginia
provides for the publication in the newspaper and that a rezoning request shall
be given directly to the adjoining landowners by the Planning Commission.
Section 15.1-493 provides that for any amendment to the Zoning Ordinance the
governing body must comply with the notice. requirements of Section 15.1-431.
Section 15.1-33.1 provides that the governing body may give in addition to any
specific notice required by law notice by direct mail. If the Board chooses to
proceed with the public hearings he believes the notice requirements can be
defended, however, it is not to say it would not be attacked. County Attorney
Crook stated after reviewing the statutes, he advised Mr. Hartley that the Board
could proceed, but he would give the applicants the option of whether they
wanted to proceed or if they preferred the Board re-notify. the adjoining
landowners and strictly comply with the statute. The risk. is there that if the
Board holds the public hearing an adjoining landowner may decide to attack the
decision of the Board, stated County Attorney Crook.
Richard L. Turner, applicant, requested the Board continue with its public
hearings on (A) and (E-2) as listed on the table of contents in the agenda. Mr.
Turner noted these items are not listed one after the other on the table of contents
and requested the applications be heard simultaneously.
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Supervisor. Cofer moved. that the Board .combine the public hearings for.
(A) Coastal Investors, Inc. and (E-2) Jenkins Family Trust. The motion was
adopted unanimously (5-0).
Chairman Bradby called for persons to speak in favor of or in opposition
to the following proposed applications:.
The application of Coastal Investors, Inc., owner and .Isle of Wight
Materials Company, Inc., operator for a Conditional Use .Permit to create
a thirty-five (35) acre. borrow pit off the west side of Benns Church
Boulevard (Route 10) between Turner Drive (Route 644) and Muddy Cross
Drive (Route 620) in Newport Magisterial District.
The application of the Jenkins Family Trust,. owner and Isle of Wight
Materials, prospective owner, for a change in zoning classification from
RAC, Rural Agricultural Conservation to C-PD-MH, Conditional Planned
Development Mobile Home District, approximately seventy (70) acres of
land located on the east side of Turner.. Drive (Route 644) between Benns
Church Boulevard (Route 258 & 10) and Muddy Cross Drive (Route 620)
in Newport Magisterial District. The purpose of the application is for the
expansion of a mobile home park, as conditioned.
.,
Mr. Turner commented that we all make mistakes and he would like to
thank the staff, who, when it realized that an error had occurred, quickly and
efficiently corrected the situation. Mr. Turner stated in 1978 and again in 1985
the Red Oaks Mobile Home Park was approved for an expansion of 191 lots
subject to sewage becoming available. in the area. Mr. Turner stated he is
proposing to move the mobile home park expansion that was approved to another
.location which will allow him to dig a lake that will combine with an existing
lake. Mr. Turner stated the bon:ow pit application will not do anything different
than what has been done since 1986. Mr. Turner stated the mobile home park,
if moved, would consist of seventy (70) acres of land of which twenty (20) acres
is open and fifty (50) acres is wooded.. Mr. Turner stated the size of the proposed
lots are larger which allows the placement of a double-wide trailer as opposed to
a single-wide trailer. Mr. Turner stated this will offer better protection for the
mobile home park and Smithfield High School. Mr. Turner stated traffic will
remain the same for both places, the locations and number of lots will remain. the
same, and there will be more recreational area than originally proposed. Mr.
Turner stated his proposal includes dry hydrants which will allow an enormous
amount of :water to be supplied to the old park, new park and even to .the
Smithfield High School which will offer better fire protection than most
subdivisions. Mr. Turner stated he has submitted aproffer that he will comply
with whatever is required for a stop light by VDOT for the entrance and exit to
the property.
Jackie Edwards Myers, employee of Isle of Wight Materials and resident
of Smithfield, urged the Board to approve the applications as it is very possible
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Isle of Wight Materials will not be in existence should the Board not approve the
applications. Isle of Wight Materials is a stable company in the County and
provides an income for employees who spend their money in the County, stated
Ms. Myers.
Evelyn Bell, employee of Isle of Wight Materials and lifelong resident of
the County, requested the Board approve the application as this is part of her
income.
Jane T. York, Superintendent of Isle of Wight County Schools, speaking
in opposition, stated she previously submitted to the Board a copy of her letter
listing some of the reasons why the School Board is opposed to both of the
proposed applications. Dr. York submitted a site plan consisting. of seventy-nine
(79) acres for the Smithfield High School prepared on March 16, 1979 which
contains a section that could potentially be used as another school site, possibly
for an elementary or middle school. Dr. York stated that while this is not
proposed for the immediate future, the School Board does wish to preserve it as
an option for the future and both of the proposed applications could have a
negative impact on the future use of this site. Dr. York stated the School Board
has denied the easement requested for the mobile home park expansion across
the top right side of the School Board property because of the potential use of the
land and due to the traffic on Turner Road which. contains a curve and could be
a hazard. Dr. York noted a borrow pit operation is not compatible with a school
containing approximately 900 students. Dr. York stated to relocate the expanded
mobile home park on the back side of the borrow pit seems not to be a good
solution for students who will live there and unless the roads are accepted into
the State Secondary Road System, the School Board cannot send in a school bus.
Children are currently picked up at the main entrance of the Red Oaks Mobile
Home Park because it is safer to pick them up at the entrance than it is to pick
them up on the highway. Dr. York stated if the Board approves the new zoning
for the mobile home park, the children will have to walk beside or through the
borrow pit area to reach the entrance of the park to catch the bus unless all the
roads are upgraded to be accepted into the State Secondary Road System. Dr.
York stated the School Board voted unanimously to oppose both applications and
she would urge the Board to deny both the Conditional Use Permit for the
borrow pit and the application to rezone the Jenkins .property.
John Springfield of Sundown Drive spoke in opposition to the borrow pit
application and the rezoning of the mobile home park as he has three children
who will attend Smithfield High School and the location of a borrow pit next to
the school is not compatible.
C
In rebuttal, Mr. Turner commented the trailer park and the borrow pit were
in existence when the County condemned the property in order to locate the
school. In response to the School Board's letter of opposition, Mr. Turner
distributed an aerial photo noting the location of the football. stadium to the
proximity of the pit.. Mr. Turner noted the property line contains a chain link
eo~~ ~? -~:•4~8
fence and dust problems have existed in .the Benn's Church area for years
primarily due to farmers planting their crops. Mr. Turner stated regarding the
noise factor, Highway 10 is closer to Smithfield High School than the pit, even
at its closest point. Mr. Turner stated he has met with the residents of the Red
Oaks Mobile Home Park who support the proposed ..application. Mr. Turner
stated he is proposing to install a fence prior to beginning the operation to
provide another source of safety. Mr. Turner stated due to changes in laws his
operation is much safer today. Mr. Turner stated there will be no water in the
borrow pit and once it becomes a lake it will be fenced while the operation is
proceeding and afterwards with sloped sides. Mr. Turner stated his goal is for
larger lots which are conducive for older residents and the roads will be built to
State standards. Mr. Turner stated whether or not school buses can go further
into the park than they currently do would be a decision on the part of the School
Board, however, an area to pick up students will still be provided.
Chairman Bradby closed the public hearings and called for comments from
the Board.
Supervisor Claud stated the proposed project is an extension of an existing
sand pit and proposed no new entrances. with all traffic flowing away from the
school. The dry hydrants for fire protection are a plus and while it is a distance
for children to come, he views this as an option the residents will have before
they decide to locate there. The borrow pit operation is located near a school and
may not be a perfect location, however, schools are located near housing
projects. The business is a legitimate business and Mr. Turner must comply with
all regulations of the State and County, noted Supervisor Claud
Supervisor Bradshaw asked if the presentation by Dr. York, on behalf of
the School Board, had been presented to the Planning Commission.
County Attorney Crook advised the Planning Commission was notified of
the School Board's opposition, however, the Planning Commission commented
that the School Board had not listed specific reasons for opposing .the
applications.
Supervisor Bradshaw noted the Board has been presented new evidence
that the Planning Commission has not yet heard and that, in the past, when the
Board had received new information the Board has forwarded such back to the
Planning Commission for its review and recommendation. Supervisor Bradshaw
moved the Board refer the application of Coastal Investors, Inc. to the Planning
Commission for its re-evaluation. The motion was defeated (4-1) with Chairman
Bradby and Supervisors Cofer, Spady and Claud voting against the motion and
Supervisor Bradshaw voting in favor of his motion.
Supervisor Spady noted he did not view the information presented tonight
as being significant. Supervisor Spady stated he likes the park being located as
proposed in the back of the lot as there could. be a lot of other things that could
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possibly go in that section that would be worse. Supervisor Spady noted the
mining operation would be only for a period of five years and he did not believe
the dust would be as bad for mining as it is in a cultivated field.
Supervisor Bradshaw stated the Board has had information presented to it
that the Planning Commission has not seen and. had the vote from the Planning
Commission been an unanimous vote, he would not have made the motion to
send it back to the Planning Commission. .Supervisor Bradshaw stated as a
parent he is concerned about sending children to a high school with a borrow pit
located that close and he believes it is a safety. factor that should be considered.
Supervisor Claud stated he also believed the information received tonight
is not significant enough to send back to the Planning Commission and he would
not be able to support Supervisor Bradshaw's motion.
Chairman Bradby noted he did not believe the information received tonight
would alter the decision of the Planning Commission.
Supervisor Claud then moved the Board approve the application of Coastal
Investors, Inc. .The motion .was adopted (4-0} with Supervisor Bradshaw
abstaining from voting on the application..
1
Supervisor Cofer moved the Board approve. the application of the Jenkins
Family Trust. The motion .was adopted (4-0) with Supervisor Bradshaw
abstaining from voting.
Chairman Bradby called for a public hearing on the General Obligation
Utility Bonds.
Mr. Rountree stated the proposed bond project is for phase one of the
Northern Development Service District water project which is for the upgrading
of the Carrisbrooke and Benns Church Subdivision welts with new pumps and
the replacement of control systems for the larger pumps, and the erection of a
1,000,000 gallon elevated tank to be located in the Bartlett area and installation
of approximately 10,000 linear feet of sixteen (16) inch water main along
Carrollton Boulevard, Brewer's Neck Boulevard and Benn's Church Boulevard.
Mr. Rountree stated the second project is for the 67,000 linear feet Windsor
vacuum sewer project that would cover the entire Town of Windsor with one
vacuum sewer pump station discharging into the existing HRSD-sewer force
.main now in service to serve approximately 800 potential customers. Mr.
Rountree stated the third project is the Windsor Boulevard water extension which
involves the installation of 4,600 feet of sixteen (16) inch main from the Town
of Windsor, eastward to the azea of the proposed Isle of Wight County Industrial
Park. Mr. Rountree stated the fourth project is the Southern Development
Service District sewer project which involves the renovation of five existing
County owned. pump stations with the replacement and. upgrading of pumps and
controls and the installation of individual radio alazm systems and the installation
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of approximately 5,200 feet ofeight (8) inch sewer force main from. pump station
#1 along Carver Road to near its intersection with Route 58/258.
Chairman Bradby called for persons to speak in favor of or in opposition
to the bonds.
James Joyner noted that the citizens who live in the rural areas will be
paying for these sewer projects and will not receive service from them. Mr.
Joyner questioned why the residents who use these systems can't be the ones who
pay for them.
Chairman Bradby closed the public hearing and called for comments from
the Board.
Supervisor Claud requested the Director of Budget and Finance advise the
Board on what it can expect these types of expenditures to cost the County.
Anne F. Seward, Director of Budget and Finance, referred to the first item
under the County. Administrator's office which discusses the various utility
projects. The County would issue debt for a twenty (20) to twenty-five (25) year
bond issue with resulting debt service of about $1.5 million dollars if, coupled
with the County's Windsor Elementary School debt, could result in a $.13 on the
County's current real estate tax rate, explained Ms. Seward.
Larry Wales, Municipal Advisors, Inc., stated the County has the possibility
of receiving a school literary fund loan at 3% for $5,000,000 which is not
included in the figures provided in the agenda package.. Mr. Wales stated the
County must investigate the possibility of getting these bonds insured as "triple
A" bonds to determine if it would be in the County's best interest. to insure them
or to go to the market with the County's A-1 rating. Mr. Wales recommended the
County go twenty-five (25) years so that the utility rates are not impacted.
Responding to Mr. Joyner's concern, Supervisor Spady stated he believed
the County is at a point that if it does not have water or sewer, the Board will not
be able. to control the County's destiny. Supervisor Spady assured Mr. Joyner that
he did not take borrowing this money lightly. .
Supervisor Cofer moved the Board approve the following resolution:
RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA
IN THE MAXIMUM .AMOUNT OF $14,500,000
WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution
of Virginia and Section 15.1-227.40 of the Code of Virginia of 1950, as amended
(the "Code"), Isle of Wight County, Virginia (the "County"), has elected by
.affirmative vote of the qualified voters of the County, to be treated as a city for
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the purpose flf issuing its bonds;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA:
I. It is determined to be necessary and expedient. for the County to
finance, in part, capital improvements to the County's utility system (the
"Project"), to borrow money for such purpose and to issue the County's general
obligation bonds therefor.
1
2. Pursuant to the Constitution and statutes of the Commonwealth Hof
Virginia, including the Public Finance Act of 1991, there are authorized to be
issued general obligation bonds of the County in the maximum principal amount.
of $14,500,000'to provide funds to finance, in part, the cost of the Project.
3. .The bonds shall bear such date or dates, matwe at such time or times
not exceeding 40 years from their dates, bear interest at such rate or rates, be in
such denominations and form, be executed in such manner and be sold at such
time or times and in such manner as the Board may hereafter provide by
appropriate resolution or resolutions.
4. The bonds shall be general obligations of the County for the payment
of principal and premium, if any, and interest on which its full faith and credit
shall be irrevocably pledged.
5. The Clerk of the Board, in collaboration with the County Attorney,
is authorized and directed to see to the immediate filing of a certified copy of this.
resolution in the Circuit Court of Isle of Wight County, Virginia.
This resolution shall take effect immediately.
The motion was adopted unanimously (5-0).
Ms. Seward stated the second resolution under the County Administrator's
report to appropriate $150,000 from the unappropriated fund balance allows for
an advance for projects for upcoming easement expenses. These funds will be
advanced from the General Fund and reimbursed upon issuance of this debt,
stated Ms. Seward.
1
Supervisor. Spady moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE
ONE HUNDRED FIFTY THOUSAND DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE
OF THE GENERAL FUND
FOR UTILITY PROJECT COSTS
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WHEREAS, the Board of Supervisors of .the County. of Isle of Wight,
Virginia has approved various utility projects within the County; and,
WHEREAS, the funds in the amount of one hundred fifty thousand dollars
($150,000) need to be appropriated from the utility debt issuance to the Capital
Budget in the 199?-98 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
fifty thousand dollars ($150,000) from the. 1997 utility. debt issuance be
appropriated to the Capital Budget in the 1997-98 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).
Chairman Bradby called for a public hearing on the following:
An Ordinance to Amend Chapter 6, Erosion and Sedimentation Control
Provisions of the Isle of Wight County Code
Chairman Bradby called for persons to speak in favor or in opposition to
the proposed Ordinance.
County Attorney Crook noted a correction in the Ordinance in the first
paragraph which should state the word "conservation" instead of "conversation".
Supervisor Cofer moved the Board adopt the Ordinance as amended:
AN ORDINANCE TO AMEND CHAPTER 6, EROSION
AND SEDIMENTATION CONTROL PROVISIONS OF
THE .ISLE OF WIGHT COUNTY CODE
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle. of Wight .County, Virginia, that Chapter 6, Erosion and Sedimentation
Control provisions of the Isle of Wight County Code are amended as follows:
Sec.6-3. Definitions
Agreement in lieu of a .plan. A contract between the plan-
approving authority and the owner which specifies conservation
measureswhich must be implemented in the construction of a single-
family .residence; this contract may be executed by the plan-
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approving authority in lieu of a formal site plan.
Certified Inspector. An employee or agent of a program
authority who (i) holds a certificate of competence from the Virginia
Soil and Water Conservation Board in the area of project inspection
or (ii) is enrolled in the Board's training .program for project
inspection and successfully completes the program within one year
after enrollment.
Certified Plan Reviewer. An employee or-agent of a program
authority who (i) holds a certificate of competence from the Virginia
Soil and Water Conservation Board in the area of plan review, (ii) is
enrolled in the board's training program for project inspection and
successfully completes the program within one year after enrollment,
(iii) is licensed as a professional engineer, surveyor. pursuant to
Article 1 (section 45.1-400 et seq.) of Chapter 4 of Title 54.1 of the
Code of Virginia as amended.
Certified Program Administrator. An employee or agent of a
program authority who (i) holds a certificate of competence from the
Virginia Soil and Water Conservation Board in the area of program
administration or (ii) is enrolled in the Board's training program for
project inspection and successfully completes the program within one
year after enrollment.
i2isllis~ or Peanut soil .and water conservation district. Apolitical
subdivision of this Commonwealth organized in accordance with the
provisions of Article 3, (Section 10.1-506, et seq.) of Chapter 5 of Title
10.1 of the Code of Virginia as amended.
Erosion impact area. An area. of land not associated with current
land-disturbing activity but subject to persistent soil erosion resulting in the
delivery of sediment onto neighboring properties or into state waters. This
definition shall not apply to any lot or parcel of land 10,000
square feet or less used for residential purposes or shorelines where
erosion results from wave action or other coastal processes.
Land-disturbin activity. Any land change which may result. in soil.
erosion from water or wind and movement of sediments into state waters
or onto lands in the Commonwealth, including, but not limited to, clearing,
grading, excavating, transporting and filling of land, except that the terms
shall not include:
7. Tilling, planting or harvest of agricultural, horticultural or forest
crops, or livestock feedlot operations, including engineering operations as
follows: construction of terraces, terrace outlets, check dams, desalting
basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour
15
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cultivating; contour furrowing, land drainage and land irrigation; however,
this exception shall not apply to harvesting of forest corps unless the
area on which harvesting occurs is reforested artificially or naturally
in accordance with the provisions of (Section 10.1-1100 et seq.) of
Chapter 11 of Title 10.1 of the Code of Virginia as amended or is
converted to bona fide agricultural or improved pastyre use as
described in subsection B of Section 10.1-1163;
Program authority. A district, county, city or town which has
adopted a soil erosion and sediment control program which has been
approved by the Board
.Sec. 6-7. Required
Except as provided for in Section 6-3, pertaining to definitions, no
person may engage in any land-disturbing activity until such person has
submitted to the county, has had reviewed by and has had approved by the
Peanut Soil and Water Conservation District, an erosion and sediment
control plan for such land-disturbing activity or established an
agreement in lieu of a plan
The Virginia Erosion and Sediment Control Handbook, 2Trd-~d.;
~g@,-nray 3rd Ed.,1992 Shall be used as a reference for the approved
standards and specifications for .control techniques to be utilized in
preparing the plan.
Section 6-13. Issuance}fees.
No person shall engage in any land-disturbing activity, as defined in
section 6-3 within the county until he has acquired aland-disturbing permit
and paid a fee for. same to the county in the amount of seventy dollars
($70.00) plus ten dollars ($10..00) per acre of land disturbed. No permits
which authorize land-disturbing activity shall be issued without an
..approved erosion and sediment control plan.
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(a) A violation of this chapter shall be deemed a Class 1
misdemeanor and upon conviction, violators shall be subject to a fine not
exceeding one thousand dollars ($1,000.00) or thirty (30) days'
imprisonment for each violation, or both.
All other provisions. of the Erosion and Sedimentation Control Ordinance
of Isle of Wight County, Virginia heretofore adopted, and not amended herein,
shall remain in full force and effect.
The motion was adopted unanimously (5-0).
Chairman Bradby called for a public hearing on the following:
An Ordinance to Amend Chapter 11, Article II, of the Isle of Wight County.
Code for Motor Vehicle Licenses to Add Provisions for Compacts for the
Regional Enforcement of Local Motor Vehicle License Requirements
Chairman Bradby called for persons to speak in favor of or in opposition
to .the proposed Ordinance.
fl
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No one appeared.
Chairman Bradby closed the public hearing and called for comments from
the Board.
There being no comments from Board members, Supervisor Claud moved
the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE II,
OF THE ISLE OF WIGHT COUNTY CODE FOR MOTOR
VEHICLE LICENSES TO ADD PROVISIONS FOR COMPACTS
FOR THE REGIONAL ENFORCEMENT OF LOCAL MOTOR
VEHICLE. LICENSE REQUIREMENTS
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County, Virginia, that Chapter 11, Article II, Motor Vehicle
Licenses Ordinance of the Isle of Wight County Code be amended by adding to
Section 11-3 the following:
The County of Isle of Wight may enter into compacts for the regional
enforcement of local motor vehicle license requirements to require the
owner or operator of any motor vehicle, trailer, or semitrailer to display on
his vehicle a valid local license issued by another county, city, or town that
is a party to the regional compact, provided that the owner or operator is
required by the jurisdiction of situs, as provided in Section 58:1-3511 of
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.the Code of Virginia, as amended, to obtain and display such license.
The motion was adopted unanimously (5-0).
..Chairman Bradby called for a public hearing on the following:
.Isle of Wight County Ordinance for the Regulation of Open Burning
Chainman Bradby called for persons to speak in favor of or in opposition
to the proposed Ordinance.
Joe Ferguson, James Joyner and Henry Bell spoke in opposition to
residents being unable to burn their trash, leaves and brush as rural living
sometimes requires the use of fire.
Scott Bachman, Department of Forestry, stated should the Board consider ;
adopting a burning ordinance, the Forestry Department would ask the Board to
follow the voluntary smoke management guidelines of the State Air Pollution
Control Board that agricultural activities, including forestry, for site preparation,
management of forest and wildlife/habitat manipulation be permitted activities.
Chairman Bradby closed the public hearing and called for comments from
.the Board.
County Attorney Crook stated a request was received in February of 1996
from the Department of Environmental Quality for the State of Virginia that the
County adopt a Model Ordinance and the Board chose not to adopt the
Ordinance. Later, the County Administrator received a letter requesting the
County amend the County Code to include the .open burning prohibitions,
County Attorney Crook stated he prepared the Ordinance at the request of the
Department of Environmental Quality, however, it now seems that it may not be
necessary for the Board to adopt this Ordinance at this time.
Answering the concerns of several citizens, Supervisor Cofer stated open
burning is permitted for the disposal of leaves, trees, yard and garden trimmings
located on the premises of private property with the following two conditions:
(1) it must take place on the property, (2) the location must be not less than 300
feet. from your neighbor's building.
Supervisor Bradshaw suggested staff poll other localities to determine
how they are handling the issue of open burning.
Supervisor Cofer moved the Board table the Ordinance for thirty (30) days
until the Board's November 20, 1997 meeting and direct staff to survey other
comparable counties to determine how they are regulating open burning. The
motion was adopted unanimously (5-0).
i
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L
Chairman Bradby called for a public hearing on the following:
A Resolution to Exempt From Local Taxation the Property Owned by
FFA-FHA Camp Association, Incorporated Located at Morgart's Beach in
Isle of Wight County, Virginia
Chairman Bradby called for persons to speak in favor of or in opposition.
to the proposed Resolution.
Gary. Pierce, Smithfield, serving on the FFA-FHA Camp Board, requested
the organization's property at Morgart's Beach be exempted from property taxes
and urged the Board to grant its request. The camp is owned and operated by the
Future Farmers of America and Future Homemakers of America which are youth
.organizations, he stated.
Chairman Bradby closed the public hearing and called for comments from
the Board.
Supervisor Claud moved the Board adopt the following Resolution:
RESOLUTION
WHEREAS, the FFA-FHA Camp Association, Incorporated, an affiliate
of the State Future Farmers of America and Future Homemakers of America
through a subsidiary, the FFA-FHA/HERO Educational and Recreational Center
located at Morgart's Beach in Isle of Wight County, Virginia operates said
Recreational Center for youth leadership and church camps and for civic
organizations for retreats and picnics; and,
WHEREAS, said real estate where said center is located is owned by FFA-
FHA Camp Association, Incorporated, a corporation having its principal office
in the City of Richmond, Virginia; and,
WHEREAS, FFA-FHA Camp Association, Incorporated and its affiliate
FFA-FHA/HERO Educational and Recreational Center desires to obtain real
estate tax exemption for said property from the Virginia General Assembly; and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
had a notice published in ~, Times, a local newspaper published in the County
of Isle of Wight, Virginia, on October 1 and 8, 1997, advising the citizens of the
County of a public hearing to be conducted on October 16, 1997 for Board action
on this request; and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
conducted such public hearing on October 16, 1997; and,.
..WHEREAS, .FFA-FHA Camp Association, Incorporated through its
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subsidiary FFA-FHA/FIERO Educational and Recreational Center has submitted
the following information in accordance with Section 30-19.04 of the Code of
Virginia, as amended;
L FFA-FHA Camp Association, Incorporated, including its subsidiary
FFA-FHA/I-IERO Educational. and Recreational Center is exempt from taxation
pursuant. to Section 501-C of the Internal Revenue Code of 1954.
2. Neither FFA-FHA Camp Association, Incorporated or its subsidiary
FFA-FHA/HERO Educational and Recreational Center hold an alcoholic
beverage license.
3. No director or officer of FFA-FHA Camp Association, Incorporated
or its subsidiary FFA-FHA/HERO Educational and Recreational Center is paid
compensation in excess of a reasonable allowance for salary.
4. a. No part of the net earnings of FFA-FHA Camp Association,
Incorporated or its subsidiary FFA-FHA/HERO Educational and Recreational
Center inures to the beneficiary of any one individual.
b. Portions of the service provided by FFA-FHA Camp
Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and
Recreational Center are generated by funds from donations, contributions and/or
grants,.
5. By providing the Recreational Center for youth leadership, as well
as church camps, civic organizations and retreats for picnics for the community,
FFA-FHA Camp .Association, Incorporated including its subsidiary FFA-
FHA/I-iERO Educational and Recreational Center is providing services that are
for the common good of the public.
6. No part of the activities of FFA-FHA Camp. Association,
Incorporated or its subsidiary FFA-FHA/HERO Educational and Recreational
Center involves the carrying on of propaganda or otherwise attempting to
influence legislation.
7. No rules, regulations, policy or practice of FFA-FHA Camp
Association, Incorporated or its subsidiary FFA-FHA/HERO Educational and
Recreational Center discriminates on the basis of religious conviction, race, sex
or national origin.
8. It is the belief of the Board of Supervisors of Isle of Wight County,
Virginia, that the revenue impact on the County of Isle of Wight would be
minimal at best for the services provided by FFA-FHA Camp Association,
Incorporated or its subsidiary FFA-FHA/HERO Educational and: Recreational
Center and how it benefits the County of Isle of Wight.
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9. FFA-FHA Camp Association, Incorporated or its subsidiary FFA-
FHA/HERO Educational and Recreational Center is organized as anon-profit
organization and anon-stock corporation; and,
WHEREAS, the current assessed value of the real property owned by FFA-
FHA Camp Association, Incorporated is $473,100.00 which would result in a
real estate tax loss for the County of Isle of Wight of $3,406.32. based. on the
current tax rate of $0.72 per $100.00.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of
.Wight County, Virginia in .regular session assembled on October 16, 1997, that
it does hereby support the requests by FFA-FHA Camp Association, Incorporated
made by its subsidiary FFA-FHA/HERO Educational and Recreational Center
and urges the Virginia General Assembly. to favorably consider its request for
real estate tax exemption as a charitable organization.
The motion was adopted unanimously (5-0).
Chairman Bradby called for a public hearing on the following:
The application of E. Baxter Seward for a change in zoning classification
from RAC, Rural Agricultural Conservation, to C-RR, Conditional Rural
Residential, approximately ten (10) acres of land located on the east side
of White Hill Trail (Route 623) in Hardy Magisterial District. The purpose
of the application is for one (1) single family dwelling lot.
Chairman Bradby called for persons to speak in favor or in opposition to
the proposed application.
Nancy Layton, representing the applicant, E. Baxter Seward, stated for the
record that this application is one of the applications in which an error occurred
in the listing of the time of the public hearing, however, she wished to proceed
with the application.
Chairman Bradby closed the public hearing and called for comments from
the. Board.
There being no comments from the Board, Supervisor Cofer moved the
Board approve the application of E. Baxter Seward, as conditioned. The motion
was adopted unanimously (5-0).
Chairman Bradby called for a public hearing on the following;
The application of Brian J. Lally fora change in zoning classification from.
A-1, Agricultural Limited to C-RA, Conditional Rural Residential,
approximately ten (10) acres of land located on the west side of Longview
Drive (Route 602) between Woodland Drive (Route 600) and Bowling.
80nlc ~ / .;~'~EiU
Green Road (Route 644) in Newport Magisterial District. The purpose of
the application is for the division of the .property into two {2) lots, as
conditioned.
Chairman Bradby called for persons to speak in favor of or in opposition
to the application
Brian J. Lally stated for the .record his application was one of the
applications improperly notified and he is requesting the Board proceed with
hearing his application. Mr. Lally stated. the character of the area. would not be
reduced or changed drastically by his application being approved.
John Zucosky of Longview Drive expressed some concern over how the lot
.would be divided as it is a very narrow lot, how division may affect the tax rates
for existing residents and if there is a restriction or the impact on adjacent lots
such as requirements for screening, fences or setbacks.
County Attorney Crook stated this is rural residential, a ten (10) acre parcel
being divided into two (2) five (S) acre parcels. There will be more than the 150
foot minimum frontage requirement on the road for each lot and he did not see
that it would have any impact on the surrounding agricultural land.
,.
Chairman Bradby closed the public hearing and called for. comments from I
the Board..
Following no comments from the Board, Supervisor Claud moved the
Board approve the application of Brian J. Lally, as conditioned. The motion was
adopted unanimously (5-0).
Chairman Bradby called for a public hearing on the following:
The application of Commonwealth of Virginia, owner and the Isle of
Wight County Board of Supervisors, prospective owner for a Special Use
Permit to operate an unattended solid waste collection/convenience center
on approximately 10,000 square feet of land located on the north side of
Bwdette Road (Route 619) between Sparrow Lane and.Walters Highway
(Route 258) in Windsor Magisterial District.
County Attorney Crook recommended the Board table consideration of the
Special Use Permit until the Board's November 20, 1997 meeting so that the
adjoining landowners could be properly notified.
James Joyner noted he would not be able to attend the Board's November
20, 1997 meeting and he would request that he be able to speak tonight.. Mr.
Joyner .then spoke in opposition to the existing dumpster site in Walters and
presented the Board with pictures recently illustrating the abuse. which currently
occurs at this site. He noted that he is in favor of the proposed new site.
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Supervisor Bradshaw moved the Board table consideration of the
application until the November 20, 1997 meeting to allow the adjoining property
owners to be re-notified. The motion was adopted unanimously (5-0).
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County Attorney Crook requested an executive session under Section 2.1-
344 A7 of the Freedom of Information Act concerning potential litigation and
other legal matters requiring advice of counsel.
County Administrator Caskey requested an executive session under Section
2.1-344 Al of the Freedom of Information Act to interview various consultants
for work involving the County's Community Development Block Grant effort;
under Section 2.1-344 A3 involving the proposed acquisition of property for
.public use; under Section 2.1-344 Al concerning a personnel matter; under
Section 2.1-344 A7 concerning a potential litigation requiring advice of counsel
Supervisor Cofer requested an executive session under Section 2.1-344 Al
of the Freedom of Information Act concerning a personnel matter.
Before proceeding to executive session, Supervisor Bradshaw moved the
Board direct staff to review the public notice advertisements in the newspapers
and compare with other localities to determine how the County's method can be
improved. The motion was adopted unanimously (5-0).
At 9:00 p.m., Supervisor Cofer moved the Board enter executive session
for the reasons stated. The motion was adopted unanimously (5-0).
Upon returning to open session at 10:50 p.m., Supervisor Cofer moved the
Board adopt the following resolution:
WHEREAS, the Boazd of Supervisors has convened an executive meeting
on this date pursuant to an affirmative recorded vote and in accordance with thee..
provisions of the Virginia.Freedom of Information Act; and,
1
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 iri 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
23
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the Board of Supervisors.
y~
AYES: 5 -
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0 .
The motion was adopted unanimously (5.0).
Supervisor Cofer moved the Board authorize the Director of Budget and
Finance to allocate $7,000 from the contingency account for overtime .salaries in
the Sheriffs Department. The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board direct staff and the County
Attorney to negotiate the contract with the Board's first choice of a consultant for
planning and management administration for the Camptown/Jamestown
Community Development Block Grant. The motion was adopted unanimously
(5-0).
Supervisor Bradshaw moved the Board direct staff and the County
Attorney to negotiate with the Board's first choice of a consultant for the
engineering services for the Camptown/Jamestown Community Development.
.Block Grant. The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board table until .the first meeting in
November to heaz further the proposal for the Housing Rehabilitation Technical
Assistance consultant. for the Camptown/Jamestown Community Development
Block Grant. The motion was adopted unanimously (5-0). ,
Supervisor Cofer moved the Board authorize staff to make the offer. for the
.acquisition of the property on the terms discussed in executive session. The
motion was adopted unanimously (5-0).
Supervisor Bradshaw. moved the Board cancel its retreat scheduled for
Friday, October 17, 1997. The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the. Board direct staff to provide. the Board
with proposed dates for the "Town Meeting" at the Board's November 6, 1997
meeting. The motion was adopted unanimously (5-0).
//
.,
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Supervisor Cofer moved the Board adjourn its meeting at i 0:55 p.m. The
motion was~adopted unanimously (5-0).
f~
Henry H. Bradby, Chairman.
W. Doug key, Clerk
,.~