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07-16-1998 Regular MeetingenoK ~8 rarc 64 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF JULY IN THE YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: Robert C. Claud, Sr., Chairman Malcolm. T. Cofer Phillip A. Bradshaw Henry H. Bradby ABSENT: O. A. Spady, Vice-Chairman 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 Melinda Goodwyn, Acting Recording Secretary Chairman Claud called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Cofer. // Chairman Claud indicated the following Consent Agenda included Items 1, A through C, and asked if there were any items for removal: A. Final Plat Showing Gatling Pointe South Subdivision, Phase 2-A B. Delinquent Real Estate Tax Collection Monthly Report C. June 18, 1998 Regular Meeting Minutes Supervisor Claud requested that the Regular Meeting Minutes of June 18, 1998 be changed on page 19 to reflect the correct spelling. of the name Wegman. Supervisor Cofer moved the Board approve the Consent Agenda with the noted correction. The motion was adopted unanimously (4-0). // Chairman Claud called for Transportation Matters. MacFarland Neblett, Resident Engineer, VDOT, informed the Board that paving and installation of the pavement markers has been completed at the bypass at the Route 10/Cypress Creek interchange. Regarding the type of lighting to be used to identify the location of the ramps, the Board was in agreement that the improvements made to date by VDOT were sufficient. Mr. Neblett noted $500,000 has been set aside by VDOT for the preliminary engineering and feasibility study for the Cypress Creek connector project. Mr. Neblett noted the location survey information has been secured and VDOT 1 !l 1 B~QK ~8 +•~~f s~) 1 1 intends to locate the Blackwater Bridge over Route 58 Business on the upstream side ofthe existing bridge. Mr. Neblett noted an alignment for the Route 58/258 connector project has been worked. out with the Corps . of Engineers. and additional right-of--way will most likely be needed for the bridge and approaches over the railroad with an anticipated advertisement date of December 2000. Mr. Neblett noted regarding the Route 58/258 intersection, VDOT is reviewing the feasibility of installing a right turnlane adjacent to the Route 258 southbound lane to lessen the congestion at that intersection. Mr. Neblett noted regarding the Rescue. Bridge project, VDOT is in the process of completing information to provide to the Board. Mr. Neblett stated Raynor Road is scheduled for advertisement to contractors in December of 1998. Mr. Neblett stated he has reviewed the project with Mr. and Mrs. William Camp who are agreeable to donating the property. Mr. Neblett stated letters were sent out on May 6, 1998 concerning donated right-of--way to the remaining fourteen (14) property owners concerning Route 620, Muddy Cross Road. Twelve (12) outstanding properties still exist to date.. Mr. Neblett noted that RaceTrac is anticipating expanding their pump facilities and they have agreed to install a right turn lane at the intersection of Route 17 and Route 659/Kings .Cove Way as part of their expansion... Mr. Neblett noted warning signs/flashing lights are not recommended at this location by VDOT because of the unlimited sight distance on Route 17 for both approaches to the intersection and the low accident rate. Mr. Neblett noted VDOT is currently reviewing overhead intersection signs and the County is responsible for the fabrication and maintenance of the street name signs throughout the County. If made to VDOT specifications, VDUT will install same on the upright portion of the traffic signal pole at the County's expense. Mr. Neblett stated Country Way and'Twin Hill Lane do qualify for Pave in Place funds and these roads need to be placed in the County's Secondary Six-Year Improvement Plan. Chairman Claud noted he believes the dollars can be better used on the miles of dirt roads in the County traveled more than the short dead- end roads. Mr: Neblett noted regarding the Rural Addition Program, VDOT is in the process of performing research work and as this information is gathered it will be provided to the Board. Mr. Neblett stated he will provide the Board with an update. on the Route 258 passing zones in the near future. Madeline Izbicki presented the Board with a letter and signatures of the residents of Laurelwood Drive requesting assistance in upgrading Laurelwood Drive to a hard surface paved road. Supervisor Bradby requested Mr. Neblett investigate the Route 10 turn lane at Rushmere Food Mart. 1 Supervisor Bradshaw requested Mr: Neblett investigate the stormwater covering the roadway on Route 58, west of Carrsville, east of Holly Run Road. Henry Bell informed the Board that a portion of Raynor Road had been resurfaced and the residents were pleased with the work. 2 BOQK ~8 %'A^f 66 Donna .Keene expressed her concerns relative to health issues related to dust on Laurelwood Drive and requested the Board's assistance in getting Laurelwood Drive paved. // Chairman Claud called for Citizens Comments. There were no citizens comments offered for the Board's discussion. // Chairman Claud called for the Community Development report. Jonathan W. Hartley, Director of Planning and Zoning, distributed to the Board the agenda package for the Board's July 23, 1998 continued meeting. Mr. Hartley .distributed to the Board, for their information, a handout entitled "Preliminary Analysis of Impacts of SB570". 1 Mr. Hartley distributed to the Board, for their information, a copy of a letter from William H. Riddick, .III, Smithfield Town Attorney, regarding the amendment and revision of the Town of Smithfield's Zoning Ordinance. // Chairman Claud called for the County Administrator's report. County Administrator Caskey presented for the Board's consideration an Agreement for the Purchase of Electric Service by the Municipalities and Counties of the Commonwealth of Virginia from Virginia Electric and Power Company which has been reviewed by the County Attorney and which he recommends the Board approve. Supervisor Bradshaw moved the Board approve the Agreement for the Purchase. of Electric Service by the Municipalities and Counties of the Commonwealth of Virginia from Virginia Electric and Power Company. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources noted ten (10) bids. were received for the Carrollton Public Library project and he recommends the Board adjust the County's Capital. Budget to appropriate the funding to accept the low bid. Larry West, Friends of the Carrollton Library, noted The Friends intend to equip the library and finish off the remaining part of the building in future years. 3 8~L11 ~V r1i~r ~~ Supervisor Cofer moved the Board authorize negotiations with the low base bidder, Virginia Building and Strictures, Inc., plus Alternate 2, and allocate $29,000 from the unappropriated fund balance for the project. The motion was adopted as follows: Claud, Cofer, Bradby. and Bradshaw voting in favor of the motion; none voting against. County Administrator Caskey noted he has received correspondence from the Director of Social Services referencing the partial payment in the amount of $34,150 made by that agency .for additional office space and leaving a remaining amount due to the. County of $48,257. The Director of Social Services is proposing two (2) options to resolve the matter, stated County Administrator Caskey. Supervisor .Cofer moved the Board authorize the County Attorney to negotiate an amendment, including Option 2, to the current lease agreement with the Department of Social Services. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. // 1 At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda in order to conduct the public hearingse The motion was. adopted unanimously (4-0). // Chairman Claud called for a public hearing on the following: A. Isle of Wight County Proposed Capital Budget for FY 1998-99 Chairman Claud called for persons to speak in favor of or in opposition to the proposed Capital Budget. I. N. Jones, President, Isle of Wight County Fire and Rescue Association, referred to a letter expressing the Association's concern relative to $80,000 being reinstated in the Capital Budget. The Association also requests the Board pru~ii ~~-ith the Fire aril Rescue Stua~- an3 that the ~a~:4ss oasualtr trailer be equipped. 1 Chairman Claud requested the $80,000 for the Windsor Volunteer Rescue Squad for the ptuchase of a ne~v ambulance be reinstated in the .Proposed Capital 8ud`et for F~ 95-99, Chairman Claud closed the public hearing and called for comments from the Board. 4 BOOK ~V %'Aa 6V Due to the absence of Supervisor Spady and the fact that Supervisor Bradshaw was not present at the Operating Budget meeting, Supervisor Cofer moved the Board table action on the Capital Budget until the Board's August 6, 1998 meeting. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. B. An Ordinance to Amend the Ordinance Establishing Special Assessments for Agricultural, Horticultural or Forest Use Real Estate County Attorney Crook stated primarily the amendment is to have the ordinance comply with the changes in State law and the only change of substance that is not required to comply with the change in State law is the issue of interest. County Attorney Crook stated the County's current ordinance does not provide an amount for interest or percentage and the statutes state that interest will be at a rate set by the governing body. County Attorney Crook .stated the Board previously requested that the amount of five percent (5%) be published for the public hearing. Chairman Claud called for persons to speak in favor of or in opposition to the proposed Ordinance. Ray Holland of Windsor noted his opposition to any interest or penalties being added to the roll back tax on real estate that is moved out of land use for farming, agriculture and horticulture. Wilson E. Holland of Windsor expressed concern to any interest or penalties being added to the roll back tax on real estate that is moved out of land use for farming, agriculture and horticulture. Supervisor Cofer noted for the record a letter from the Commissioner of the Revenue stating that he is in favor of keeping the interest in paying roll-back taxes. Chairman Claud moved the Board adopt the following Ordinance with a Zero (0) percenhim per annum interest rate: AN ORDINANCE TO AMEND THE .ORDINANCE ESTABLISHING SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL OR FOREST USE REAL ESTATE WHEREAS, the General Assembly of Virginia, by an Act of the 1971 Extra Session, Chapter 172, as embodied in Title 58, Chapter 15, Article 1.1 has provided that any County in the Commonwealth which has adopted a land use plan may adopt an ordinance to provide for the assessment and taxation of real estate classified as real estate devoted to agricultural use, horticultural use, or forest use to provide for special assessment and taxation as therein provided so 5 800K ~O %G~r UJ as to make such statutory provisions applicable in said County; and, 1 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia pursuant to said Act, adopted an Ordinance to establish. special assessments for agricultural, horticultural or forest real estate uses in the County of Isle of Wight December 4, 1975, effective January 1, 1976; and, WHEREAS, Title 58, Chapter 15, Article 1.1 has. been recodified and now is Title 58.1, Chapter 32, Article 4, Sections 58.1-3229 through 58.1-3244 of the Code of Virginia of 1950, as amended; and, WHEREAS, the Ordinance. of t11e County of Isle. of Wight establishing speciaa assessments pursuant to said Act of the General Assembly of Virginia, incorporated Title 58, Chapter 15, Article 1.1, be reference and thus, due to the recodification of Title 58.1, it is necessary to amend said Ordinance to incorporate by reference Title 58.1, Chapter 32, Article 4, of said Code; and, 1 WHEREAS, Section 58.1-3237 paragraph B, of said Act provides that the roll-back tax shall be equal to the sum of the deferred tax for each of the five most recent complete tax years including simple interest on such roll-back taxes at a rate set by the governing body, and it is the intent of the. Board of Supervisors of Isle of Wight County, Virginia, as .the governing body of said County, to set said interest rate at zero as the governing body deems that the property owners who are granted the special assessments for agricultural, horticultural or forest real estate uses, should not be required to pay interest on the deferred tax when the property no longer qualil7es for the special assessment. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the Ordinance to Establish Special Assessments for Agricultural, Horticultural or Forest Real Estate .uses adopted by the Board of Supervisors of Isle of Wight County, Virginia December 4, 1975, effective .ianuary 1, 1976, as Chapter 15, Article II, Section 15.8 of the Isle of Wight County Code, be amended to read as follows: Section l 5-8. SRecial Assessments for Rea] Estate Devoted to Agricultural Ilse, Horticultural Use, or Forest Use ~I, The provisions of an Act of the General Assembly of Virginia of 1971, extra session, Chapter 172, as embodied in Title 58.1, Chapter 32, Article 4 of the Code of Virginia, 1950 (Sections 58.1-3229 through 58.1- 3244) are incorporated herein by reference so as to make all provisions of such Act, as amended, applicable to the County as to real estate devoted to agricultural, horticultural or forest uses. The adoption by reference of said Act, nlal:es the provisions thereof applicable to the County, including all amendments to Title 58.1, Chapter 32, Article 4, heretofore or hereafter made by the General Assembly of 6 Boon ~o parr 7U Virginia. Provided that, the roll-back tax as defined in said Act, shall be equal to the surn of the deferred tax for each of the five most recent complete tax years, and the governing body does set the simple interest rate on said roll- back taxes at Zero (0) percentum per annum. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. C. The application of Marie R. Johnson for a Conditional Use Permit to operate a kennel to board household pets on approximately ten (10) acres of land located at 15107 Courthouse Highway (Rt. 258) in Newport Magisterial District. Chairman Claud noted that staff had advised the Board-prior to the meeting that the application of Marie R. Johnson has been withdrawn. Supervisor Bradshaw moved the Board approve the request for withdrawal of the application. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. D. The application of Carlton A: Hibbard, owner and Wilbur R. Todd, Jr., prospective owner, for a change in zoning classification from RAC, Rural Agricultural Conservation to GC, General Commercial, land known as lot 10 of Walnut Grove and from RAC, Rural Agricultural Conservation to C-GC, Conditional General Commercial, land known as lots 11 and 12 of Walnut Grove, which are located on the south side of Carrollton Boulevard (Rt. 17) in Newport Magisterial District. The purpose of the application is for, uses as permitted in the General Commercial Zone on lot 10 and uses as conditioned in the General Commercial Zone on lots l 1 and 12. Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Ray Todd, prospective owner, appeared before the Board to answer any questions. County Attorney Crook noted the report from the Planning Commission is not accurate. Mr. Todd previously indicated to the Planning Commission that he wished to use the property only for a commercial building contracting business with the attendant parking, lighting, signage and exterior storage. The Planning Commission was. in favor of conditional zoning .solely for those uses and not for all uses listed under General Commercial. Mr. Todd agreed that he would make that proffer prior to the Board of Supervisors' meeting which meets 1 1 1 7 aoee ~8:a~r ~1 1 the requirements of statute, however, this has gone through public notice as General Commercial rather .than Conditional. The Board could approve the application as conditional zoning conditioned on his proffer embodied in his letter of June 30, 1998, stated County Attorney Crook. Chairman Claud closed the .public hearing and called for comments from the Board. Supervisor Cofer moved the Board approve the application as proffered by Mr. Todd's letter dated June 30, 1998 of Conditional General Commercial zoning on lots 11 and 12 of Walnut Grove. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. Supervisor Cofer further moved tine Board refer the application of Carlton A. Hibbard, on lot 10 of Walnut Grove back to the Planning Commission for further review. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. 1 E. The application of Garnett Oil Company, Inc., owner and the Isle of Wight County Board of Supervisors, prospective owner for a Special Use Permit to operate an attended solid waste collection/convenience center on approximately 1.89 acres of land located on the north side of Windsor Boulevard (Rt. 460) and the west side of Stave Mill Road (Rt. 646) in Windsor Magisterial District. Chairman Claud called for persons to speak. in favor of or in opposition to the proposed application. Ludford T. Creef, III, Director of Public Works, spoke in favor stating that the proposed site is geographically located and is a needed site. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. // 1 Chairman Claud called for the continuation of the County Administrator's report. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND 8 BOQK ~Orq;;r 72 DOLLARS FROM THE UNION CAMP CORPORATION FOR THE 1998 SUMMER YOUTH PROGRAM WHEREAS, the Board of Supervisors of the County ofIsle of Wight has received a donation from the Union Camp Charitable Trust Fund for the 1998 Summer Youth Program; and, WHEREAS, funds in the amount of two thousand dollars ($2,000) received from the Union Camp Charitable Trust Fund need to be appropriated to the appropriate Line item in the 1998-99 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two thousand dollars ($2,000) received from the Union Camp Charitable Trust Fund be appropriated to the appropriate line item in the 1998-99 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (4-0) with Supervisors Claud, Cofer, Bradshaw and Bradby voting in favor of the resolution and no one voting against. Mr. Robertson stated the Board previously approved a mass casualty trailer in the amount of $840 which was not been frilly stocked with recommended equipment. For the Board's consideration is a list of such. recommended equipment so that this trailer, coupled with nine (9) others in Hampton Roads, could potentially deal with a large emergency at any given time. Mr. Robertson stated he is still pursuing funding through the Department of Emergency Services in an attempt to recover some of the cost. Supervisor Bradshaw moved the Board approve the funding in the amount of $12,000 from the contingency fiend to stock the mass casualty trailer with the recommended supplies. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. Mr. Creef presented a request to accept the donation of an old fire truck from the Rushmere Volunteer Fire Department for use at the County Fair. Mr. Creef noted the fire truck could be used for watering down the dirt road, flowers and animals during the Fair event. Supervisor Bradshaw moved the Board allow the Public Works Department to accept the old fire truck as a donation from the Rushmere Volunteer Fire Department and to utilize it for the County Fair. The motion was adopted as follows; Claud, Cofer, Bradby and Bradshaw voting in favor of the 9 BOOK ~ ~O ~p^~ 73 motion; none voting against 1 Resolution of the Board of Supervisors of the County of Isle of Wight, Virginia Authorizing the Issuance and Sale of the County's General Obligation Refunding Bonds and Notes: Supervisor Bradshaw moved the Board adopt t11e following resolution: . RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF THE COUNTY'S GENERAL OBLIGATION REFUNDING BONDS OR NOTES WHEREAS, the Board of Supervisors ("Board") of the County of Isle of Wight, Virginia ("County"), after a public hearing, adopted a resolution on May 21, 1998 ("Resolution"), authorizing the issuance of general obligation refunding bonds or notes of the County in an aggregate principal amount not to exceed $791,293 ("Bonds") for the purpose of refinancing the County's obligation to make certain annual payments to or on behalf of the Lsle of Wight County School Division ("School Division") to pay the Virginia Retirement System ("VRS") the School Division's early retirement program costs as set forth in the Memorandum dated May 15, 1992, from the Director of VRS to Division Superintendents and Financial Officers of Public School Board ("VRS Obligation"); and, 1 WHEREAS, the .Resolution authorizes and directs the County Administrator, the County Attorney and the Chairman of the Board and such officers and agents of the County as any of them may designate to take such actions as any of them deem necessary regarding the issuance and sale of the Bonds; and,: WHEREAS, the County has distributed a request for proposals seeking bids for the purchase of the Bonds and of all of the bids received, the bid received by Crestar Bank offers to purchase the Bonds upon the terms most favorable to the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: i~ 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt an to issue and sell the Bonds in an aggregate principal amount not to exceed $79 l ,293. The proceeds from the issuance and sale of the Bonds shall be used to refinance the VRS Obligation and to pay the costs of issuance of the Bonds. 2. Pledge of Full Faith and Credit. The ,full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable. 10 8008 ~O ~AGC 74 The Board shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due for payment unless. other funds are lawfully available and appropriated for the timely payment thereof. 3. Details and Sale of Bond .The Bonds shall be issued upon the terms established pursuant to the Resolution, the bid letter of Crestar Bank ("Bid Letter"), which is hereby accepted, and upon such other terms as may be determined by the County Administrator in the manner set forth in this Resolution. The Bonds shall be issued as a single, filly registered bond and shall be dated such date as the County Administrator may~approve. The Bonds shall mature on the date or dates, in the year or years and in the principal amount or amounts to be determined by the County Administrator in accordance with the Bid Letter. The Bonds shall be issued in such aggregate principal amount as the County Administrator may determine; provided that the aggregate principal amount of the Bonds shall not exceed $791,293. The Bonds shall bear, interest at such rate or rates as are set forth in the Bid Letter which is attached to this Resolution as Exhibit A and. incorporated herein by reference. 1 4. Redemption of Bonds. The Bonds shall be subject to redemption on I such terms as the County Administrator may approve. 5. Further Actions. The appropriate officers and agents of the County are authorized and directed to take such further actions an to execute such documents and certificates as they may deem necessary regarding the issuance and sale of the Bonds and all such actions previously taken by such officers and agents are ratified and confirmed. 6. ffective Date. Tljis Resolution will take effect immediately upon its passage. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. Mr. Caskey distributed to the Board correspondence received from Secretary Bany E. Duval acknowledging that Governor Gilmore has directed the preparation of a new strategic economic development plan for the Commonwealth entitled "The Virginia Strategy: Prosperity Into the New Century". County Administrator Caskey informed the Board that a workshop will be held on July 28, 1998 from 1:00 p.-n. until 3:00 p.m. and requested the Board members contact hi-m if interested in attending. Chairman Claud requested his name be put on the list to attend the meeting on July 28th. County Administrator Caskey distributed to the Board the schedule and registration information for the upcoiming VACo annual conference. 11 ao~~ 18 ~~<< 75 ~~ 1 Chairman Claud called for Old Business. A. Request for the Use of the Isle of Wight County Museum County Attorney Crook stated at the Board's request he has reviewed the script for the proposed production and it was suggested that he confer with the Museum Foundation Committee. However, the Committee does not meet again until September, after the production is scheduled to be held. Supervisor Bradshaw moved the Board approve the request of Booker T. Mattison for the use of the Isle of Wight County Museum for the filming of "The Gilded Six Bits". The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. B. Resolution to Absolve Debt of the County and School Health Insurance Funds to the General Fund in the Amount of $320,000 At the request of the County Attorney to defer action until the Board's first meeting in August, Supervisor Cofer moved the Board defer action on the resolution until the Board's August 6, 1998 meeting. The motion was adopted unanimously (4-0). // Chairman Claud called for New Business. Supervisor Bradshaw moved the Board direct. County staff to send a letter to the members of the General Assembly designating the Board's position on the legislation bill that was brought before them this year with regard to annexation. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. Supervisor Bradshaw moved the Board adopt a formal policy to recite the Pledge of Allegiance at the Board's regular meetings starting August 6, 1..998. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. 1 Chairman Claud moved the Board direct County staff and the County Attorney to review and investigate the James City County Adequate Public Schools Facility Test Policy and bring back to the Board a report on the advantages and disadvantages as to how the Policy might apply to Isle of Wight County as related to growth issues. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. // 12 80016 18 up0~ 7~ Chairman Claud called for Appointments. Supervisor Cofer moved the Board .appoint Harry L. Dashiell, Jr., representing the Town of Smithfield, and Franklin E. Hall, representing the Smithfield District for afour-year term on the Economic Development Committee which will expire in July of 2002. The motion was adopted unanimously (4-0). Supervisor Cofer moved the Board appoint Kurt E. Beach representing the Smithfield District to fill the unexpired term of Robert Trask on the Transportation Safety Committee. His term will expire in January of 2002. The motion. was adopted unanimously (4-0). // Chairman Claud called for the County Attorney's report. Mr'. Crook informed the Board that the Circuit Court had appointed Carroll E. Keen, Jr. representing the Newport Election District; A. Frank brewery representing the Windsor Election District; Harry C. Duval - representing the Carrsville Election District; William G. Yeoman representing the Smithfield Election District; and Hannibal Herring representing the Hardy Election District to the Board of Equalization, as recommended by the Board. County Attorney Crook informed the Board that he would be sending a copy of the Order to County Administrator Casket' and the Director of Budget and Finance. County Attorney Crook noted he would be forwarding to the Board members a copy of a draft letter to the Virginia Department of Health to be acted on at the Board's August 6, 1998 meeting regarding the Northern Development Service District Proposed Consent Order. County Attorney Crook informed the Board that he had requested a meeting of the Board's representatives with the Windsor Town Council concerning annexation. County Attorney Crook informed the Board that the Carrollton Library Deed had been prepared and will be presented to the School Board at their next meeting. County Attorney Crook informed the Board that he had received a letter from A. L. Jones representing Dominion Building Corporation concerning the .homes in Edgewood Subdivisions being developed by Clay Sawyer. County Attorney Crook stated that he would get with staff on the matter and report back to the Board. County Attorney Crook stated the original Graymor zoning was by parcels. 13 BOQit ~O •~^~ ~~ The property was zoned A-1 prior to the zoning and the areas which are buffers dividing the parcels was not zoned. The marsh wetlands also remained A-1. and it was explained. and understood that the wetlands not zoned originally was included in the new rezoning application so that any conditions on any of the property would be enforceable because it would be a conditional zoning. The application is to rezone from R-2, M-2 and B-1 to Conditional General Commercia186.50 acres and Conditional Planned Development Residentia1522 acres. There is no reference to the 81 acres of buffer strips being rezoned to a more intensive use. The application should make reference from A-1 and then the acreage. The application and the public notice is defective because if the Board was to rezone under the application as worded, the Board could not rezone these strips which would remain A-1 under their proposal. Chairman Claud requested staff and the County Attorney speak with the applicant and explain the Board's options. Supervisor Claud moved the Board direct staff and the County Attorney to meet with the Graymor applicant and report back to the Board at its work session on July 23, 1998. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the motion; none voting against. // 1 County Attorney Crook requested an executive session under Section 2.1- 344 Al of the Freedom of Information Act concerning a personnel matter for discussion with counsel and staff and under Section 2.1-344 A3 concerning acquisition of property for public purposes for discussion with counsel and staff. County Administrator Caskey requested an executive session under Section 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 specific legal matters. Supervisor Cofer moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (4-0). Upon returning to open session, Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING 1 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.IA of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in 14 ao~n 18:~r 78 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. AYES: 4 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 The motion was adopted as follows: Claud, Cofer, Bradby .and Bradshaw voting in favor of the motion; none voting against. // ..County Attorney Crook explained that the County had a trailer built from scraps at the landfill many years ago and Moody Sanitation Company borrowed the trailer to move their small dumpster boxes several years ago. Moody Sanitation Company has had the trailer rebuilt and would like to license the trailer and continue to use it for their business. The Director of Public Works has advised that the County has no use for the trailer and has no objection to the disposal of same. Supervisor Cofer moved the Board declare the trailer surplus for the amount of money spent by Moody to repair~the trailer. The motion was adopted as follows: Claud, Cofer,. Bradby and Bradshaw voting in favor of the motion; none voting against. County Attorney Crook stated he has performed a title examination and reviewed the Deed of Conveyance and Easement for the site at Burdette Road which he recommends to the Board. The Board directed County Administrator Caskey to notify the State to send the signed deed for the Board's action at it August 6, 1998 meeting. // 1 15 1 II II BOQK ~ 1S >~p~r 7J At 8:~0 p.m., Supervisor Bradby moved the Board continue its meeting until July 23, 1998, at 6:00 P.M. The motion was adopted unanimously (4-0). Robert C. Claud, Sr., Chairman W. Do gla askey, C 16 i - ^