01-21-1999 Regular Meetingaua~ 18 ~~~:~?_~~1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF JANUARY IN
THE YEAR NINETEEN HUNDRED NINETY NINE
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PRESENT: O. A. Spady, Chairman
Malcolm T. Cofer, Vice-Chairman
I~enry H. Bradby
Robert C. Claud, Sr.
ABSENT: Phillip A. Bradshaw
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 Spady called the meeting to order at 6:00 p.m. Supervisor
Bradby delivered the invocation.
The Pledge of Allegiance was delivered.
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Chairman S~iady called for Special Presentations.
Chairman Spady recognized the winners of the recent County flag
competition. They were as follows: First Place winner, Johnny
Bateman/Smithfield High School; Second Place winner, Cecelia
Arthur/Smithfield High School9 and, Third Place winner, Stephani
Goodman/Isle of Wight Academy. Savings Bonds in various amounts were
distributed to these individuals for their contribution. County Administrator
.Caskey noted Mr. Bateman was not in attendance and he would forward his
Savings Bond certificate to him. Herbert DeGroft, Evelyn Chandler,
William Barrett and Lynn Butler were also recognized for their contribution
as members of the Flag Committee. Diane Howard, also on the Flag.
Committee, was recognized but was not in attendance at the meeting.
Les Adams -and Mary Beth Michos, fire and rescue consultants with
Carroll Buracker and Associates, addressed the Board on the County's
volunteer fire and rescue services. They presented various
recommendations, as o~rtlined in the "Evaluation of EMS and Fire Services
for Isle of Wight County, Virginia," a copy of which was distributed to the
Board members at the meeting.
Supervisor Claud moved that a copy of the Study distributed at the
meeting be provided to the Fire and. Rescue personnel in the County for their
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input. The motion was adopted as follows: Cofer, Bradby, Spady and Claud
voting in favor of the motion (4-0); none voting against.
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Supervisor Cofer moved, which passed unanimously (4-0), that the
Board amend the order of the agenda in order to consider the following
application:
Request by Carter Williams with Carter Construction, acting as agent
for Mr. and Mrs. Ernest Gillespie, for an exception to the Chesapeake
Bay Preservation Area Ordinance to allow. the construction of a single
family dwelling in the required one hundred foot (100') Resource
Protection Area Buffer.
Jonathan W. Hartley, Director of Planning and Zoning, noted the
Planning Commission recommended the Board approve the application.
Supervisor Cofer noted the applicant is following Best Management
Practices. Supervisor Cofer moved the Board approve the request as
presented by Carter Williams. The motion was adopted as follows: Cofer,
Bradby, Spady and Claud voting in favor of the motion (4-0): none voting
against.
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At 7:00 p.m., Supervisor Cofer moved the Board amend the order of
the agenda to conduct the public hearings. The motion -was adopted
unanimously (4-0).
Chairman Spady called for a public hearing on the following:
Federal Transportation Enhancement Program/Boykin's Tavern
Renovation (Resolution Requesting Transportation Enhancement
Funds From the Virginia Department of Transportation for the
Boykin's Tavern Renovation Project)
Lynn P. Harris, Director of Economic Development, requested that
staff' be permitted to prepare an application to the ISTEA Program for
approximately $1.50,000. Ms. Harris noted $100,000 is referenced- in the
Board's agenda package, however, following discussions with VDOT and
the County's Historical Society, she is .requesting an additional $50,000.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
Thomas Fenderson noted ISTEA does not normally expect a locality. to
raise more than 10% to 15% of the needed funds and the County has
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already satisfied this requirement. Mr. Fenderson stated he hoped the Board
would proceed with the renovation work even though the County would not
officially have ali the .needed funds in April because the tavern is a
significanthistoric resource.
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There being no .further public comments offered, Chairman Spady
closed the public hearing and called for comments from the Board.
Supervisor Claud moved the Board adopt the resolution. The motion
was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of
the motion (4-0); none voting against.
Chairman Spady called for public hearing on the following resolution:
Resolution to Exempt From Local Taxation the Property Owned by the
Isle of Wight/Smithfield/Windsor Chamber of Commerce Located in
the Town of Smithfield, Isle of Wight. County, Virginia
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
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Constance Rhodes, Executive Director, Smithfield/Isle of
Wight/Windsor Chamber of Commerce, stated, if approved, .the savings
realized .would be $1,200 annually. Ms. Rhodes requested the Board
favorably approve the application.
There being no further public comments offered, Chairman Spady
closed the public hearing and called for comments from the Board.
Supervisor Cofer moved the Board adopt the following resolution:
COUNTY OF ISLE OF WIGHT RESOLUTION
WHEREAS, the Isle of Wight/Smithfield/Windsor Chamber of
commerce has been providing services and facilities for business,: industry
and citizens of the County of Isle of Wight including the Towns of
Smithf eld and Windsor located therein since 1984; and,
WHEREAS, said .Chamber of Commerce has purchased property
located at 104 N. Church Street in the Town of Smithfield, County of Isle of
Wight, Virginia and is operating from this facility; and,
WHEREAS, the said Chamber 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 The Daily Press on January 15, 1999,
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advising the .general citizenry of a public hearing to be conducted January
21, 1999, on this request; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, conducted said public hearing on January 21, .1999; and,
WHEREAS, .said Chamber of Commerce .has submitted .the following
information in accordance with Section 30-1.9.04, of the Code of Virginia, as
amended;
1. Said Chamber of Commerce is exempt from taxation pursuant to
Section 501-c of the Internal Revenue Code of 1954.
2. Said Chamber of Commerce does not hold an alcoholic beverage
license.
3. No director or officer of the Chamber is paid compensation in
excess of a reasonable allowance for salary.
4. A. No part of the net earnings of said Chamber inures the
benefit of any one individual.
B. Portions. of the service provided by the said Chamber are
generated by funds from donations, contributions .and/or grants.
5. By .providing services for business, industry and citizenry or
citizens of the County and Towns, the .said Chamber. provides services for
the common good of the public.
6. No part of the activities of the Chamber involves a carrying on
of propaganda or otherwise attempting to influence legislation.
7. No rules, regulation, policy or practice of the Chamber
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 the Chamber and how
it benefits the County of Isle of Wight..
9. ...The Chamber is organized as anon-profit organization and a
non-stock corporation; and,
WHEREAS, the current assessed value of the real property owned by
the Chamber of Commerce is $127,800.00 which would result in a real
estate tax loss for the County of Isle of Wight of $920.16 annually, based on
the current tax rate of $0.72 per $100.00 of assessed value.
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NOW, THEREFORE, be it resolved by the Board of Supervisors of the
County of Isle of Wight, Virginia, in regular session assembled January 21,
1999, that . it does hereby support the request of the Isle of
WightlSmithfield/Windsor Chamber of Commerce and urges- the. General
Assembly to favorably consider its request for real estate tax exemption as a
non-profit organization.
The motion was adopted as follows: Cofer, Bradby, Spady and Claud
voting in favor of the motion (4-0); none voting against.
Chairman Spady called for a public hearing on the following
application:.
The application of Betty Stephenson Horton, owner, and Melvin and
Annette Bradshaw, prospective owners, for a Conditional Use Permit
to allow an existing mobile home to remain on the property for a
period of two (2) years while building a .single family dwelling. The
property is located at 18579 Norton's Lane, Windsor Magisterial
District.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
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Melvin D. Bradshaw, Jr. requested the Board grant approval of the
Conditional Use Permit. Mr. Bradshaw noted he hopes to build a permanent
residence within one {lj year.
Chairman Spady closed the public hearing and called for comments
from the Board.
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Supervisor Claud moved the Board approve the application of Betty
Stephenson Ha:trn, The rnotion was adopted as follows: Cofer, Bradby,
Spady and Claud voting in favor of the motion (4-0); none voting against.
Chairman Spady called for a public hearing on the following
application:.
The application. of Annie V. Williams and Sprint PCS for a
Conditional Use Permit to erect a communications tower -150 feet in
.height with an equipment cabinet area at the base of the tower. The.
site is located on the .south side of Windsor Boulevard (Route 460)
east of Old Mill Road (Route 607) and west of the Suffolk City l:~ine in
Windsor Magisterial District.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
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Ted Crueger, Zoning Coordinator with Sprint PCS, requested the
Board approve the application. In doing so, it will allow Sprint's signal to
travel from the tower that will be built at Pruden and provide no interruption
in service, stated Mr. Crueger.
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Claud moved the Board approve the application of Annie
V. Williams. The motion was adopted as follows: Cofer, Bradby, Spady and
Claud voting in favor of the motion (4-0); none voting against.
Chairman Spady called for a public .hearing on the following
application:
The application of Charles S. Jordan,. Estate Heirs, owners and Isle of
Wight Materials Company, Inc., prospective owner and operator for a
Conditional Use Permit to excavate a borrow pit totaling twenty (20)
acres of land. The site is located on the west side of Benns Church
Boulevard (Route 10) between Casper Circle and Muddy Cross Drive
(Route 620) in Newport Magisterial District.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
Richard L. Turner, Isle of Wight Materials, stated the size has been
reduced and the location has been moved further back from the highway. In
addition, the house, which is currently located at the site, will be preserved.
Mr. Turner stated the sand operation wily not begin before the Jackson
property is completely reclaimed.
Samuel Glasscock, resident of Suffolk and part owner. of the property,
stated he supports the application and requests the Board approve it.
Henry Morgan, Isle of Wight Materials, stated it is economically. in
Isle of Wight. Materials' best interest to have a good product upon
completion and they intend to finish what is started.
Don Land, resident on Benns Church Boulevard, noted he did not.
have any objection to .the proposed application as long as he can not see it
from the road.
Mr. Turner stated the proposed twenty (20) acre pit is to be reclaimed
as a lake and will be located behind the woods and a berm and additional
trees will be planted.
Supervisor Bradby moved the Board approve the application of
Charles S. Jordan, Heirs, as conditioned. The motion was adopted as
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follows: Cofer, Bradby and Spady voting in favor of the motion (3-0); none.
voting against;. Supervisor Claud abstained from discussion and voting on
the application stating he had a conflict of interest.
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Chairman Spady called for a public hearing on the following
ordinance:
An Ordinance. to Accept the Conveyance by Deed of the Property
Known as Fort Boykin from the Department of Conservation and
Recreation to the County of Isle of Wight
County Attorney Crook stated the State Department of Conservation
and Recreation has offered to convey to the County the Fort Boykin. property
which will be .maintained by the County as a park.. County Attorney Crook
stated he has prepared an ordinance to accept the deed from the State.
Chairman Spady called for persons to speak in favor of ar in
opposition to the proposed ordinance..
Upon no one appearing, Chairman Spady closed the public. hearing
and called for comments from the Board.
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Supervisor Cofer moved the Board adopt the Ordinance and authorize
the Chairman to sign the deed. The motion was adopted as follows: Cofer,
Bradby, Spady and Claud voting in favor of the motion (4-0); none voting
against.
Chairman Spady called for a public hearing on the following
ordinance:
An Ordinance to Amend Table 16.1.9 of Section 16.1.9 of the Isle of
Wight County Code to Add Metered -and Unmetered Rates for
Camptown Area and to Add Rate for Bulk Rate Meter .Serving More
Than One Equivalent Dwelling Unit
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County Attorney Crook stated that in the table of rates provided with
the ordinance there was an error in the amendment for the unmetered rate in
the Camptown area. The unmetered rate was supposed. to have been
advertised at a flat rate of $32 rather than $30 and the Board can not
increase the .rate -from what was advertised for public hearing without
publication of notice for a new public hearing.. County Attorney Crook
recommended the Board not hold a public hearing on the matter tonight and
that it be advertised far a subsequent meeting of the Board and. that the
unmetered rate be corrected to a flat rate of $32.
Supervisor Claud. moved the Board readvertise the matter for public
hearing at the Board's February 18, 1999 meeting. The motion was adopted
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as follows: Cofer, Bradby, Spady and Claud voting in favor of the motion
(4-0); none voting against.
Chairman Spady .called for a public hearing on the following
application:
The application of W. C. and Gayle .Sawyer, owner, for a change in
zoning classification from RAC, Rural Agricultural Conservation, to
C-SR, Conditional Suburban .Residential. The site is approximately
27.256 acres of land located on the north side of Brewers Neck
Boulevard (Route 258!32) between Norsworthy Drive (Route 670) and
Carver Drive (Route 1930) in Newport Magisterial District. The
purpose of the application is to create a residential subdivision of no
more than fifty (50) residential lots.
Mr. Hartley noted for the record that a letter has been. received from
Archer Jones requesting: that the application be tabled until the Board's
February 18, 1999 meeting. Also attached. are revised proffers, stated Mr.
Hartley.
County Attorney Crook stated it would be in order to table
consideration of the application until the Board's February 18, 1999
meeting, but the application should be readvertised due to changes in the
proffers and at the expense of the applicant.
Supervisor Claud moved the Board grant the request of the applicant
to readvertise the matter for public hearing at the Board's February 18, 1999
meeting and that the readvertisement be at the expense of the applicant. The
motion was adapted as follows: Cofer, Bradby, .Spady and Claud voting in
favor of the motion (4-0); none voting against.
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Supervisor Cofer moved .the Board return to the regular order of the
agenda. The motion was adopted unanimously (4-0).
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Chairman Spady. indicated the following Consent Agenda included
Items 2, A and B, and asked if there were any items for removal:
Delinquent Real Estate Tax Collection Monthly Report
.December 17, 1998 Regular Meeting Minutes
Supervisor Cofer moved the Board approve all items of the Consent
Agenda, to include the December 17, 1998 Continued Meeting Minutes of
the Joint Work Session with the School Board, which was provided to the
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Board in advance of the meeting. The motion was adopted unanimously (4-
0).
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Chairman Spady called for Transportation Matters.
Mr. Hartley notified the Board that James Cleveland, VDOT District
Administrator, would be present at staffs quarterly meeting with VDOT
scheduled for 2:00 p.m. on January 25, 1999. Mr. Hartley invited any
interested Board member to attend.
Supervisor Claud advised the Board that a meeting was held with the
residents of Muddy Cross Road the previous evening. He noted that. they
are still in the process of securing additional right-of--way.
Supervisor Claud requested assistance from Mr. Hartley noting that
the SherifFs Department has not responded to his request for speed checks
on Oliver Drive and Longview Drive.
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Chairman Spady moved the Board take a ten (10) minute recess. The
motion was adopted unanimously (4-0).
Chairman Spady called for Citizens Comments.
R. L. Walker, a resident of Central Hill, spoke regarding vicious dogs
running at large in the area. Mr. Walker requested the Board's assistance in
having the dogs restrained.
Supervisor Bradby moved the Board direct the County Attorney to
prepare an appropriate revised ordinance for confinement of dogs and advise
Animal Control .concerning its ability to regulate dangerous dogs. The
motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in
favor of the motion (4-0); none voting against.
Chairman Spady announced that the applicant, CDR Mid-Atlantic, has
requested that the. application before the Department of Environmental
Quality (DEQ) to land apply processing residuals from Smithfield Foods be
withdrawn due to controversy over the application.
Danny Guy, adjacent landowner, requested the Board initiate
appropriate action to have samples taken of the surrounding soil to
determine the amount of contamination, if any, .thus far. Mr. Guy noted the
:subject landowners are George Edwards, Mr. Barlow, Mr. Spivey and
Everett Doggett..
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Chairman Spady requested staff investigate whether or not the County
can obtain an analysis of the soil and advise the Board of their findings.
Robert .Edwards,. adjacent landowner, notified the Board that he had
not received a letter from the State or the applicant advising him of the
proposed application. He noted that he has circulated a petition containing
185 signatures of individuals to date. Mr. Edwards warned the Board that
approval of such an application could have a negative impact on tourism in
the County due to the unpleasant odors.
Nancy Loden, Moonlight Road, requested the Board prepare and adopt
an ordinance that will allow the County to have authority over the issuing of
permits such. as this.
Grace Keen notified the Board of various beautification efforts
undertaken recently in the Benns Church area. Regarding the proposed
application before DEQ, Ms. Keen noted that her home is permeated in the
months of ,March and, August from the presence of .hog odors which has
decreased her property value.
Harry E. Wally, Moonlight Road, noted approval of the proposed
application would affect his property in the front, side and back yards. He
noted approval would also affect residents as far away as North Carolina.
Super~~isor Bradby read a note from a citizen of the-County requesting
the Board prepare. and adopt an ordinance prohibiting the dumping, of waste
on land in the County and resulting in the pollution of our waterways and
mother earth..
Supervisor Bradby moved the Board direct staff to investigate and
come back .with a proposed ordinance to regulate the. proposed distribution
of such .residual wastes. The motion was adopted as .follows: Cofer,
Bradby, Spady and Claud voting in favor of the motion (4-Oj; none voting
against.
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Chairman. Spady called for the County Administrator's report.
Alan S. Nogiec, Director of Parks and Recreation, informed the Board
that the County Fair was recently recognized in various categories
(information brochure/White .Ribbon, posters and placemats/Red Ribbon,
photographic essay by Debra Weir/Blue Ribbon. and the media coverage
booklet by Paul O'Berry/Blue Ribbon on plaque) at the Virginia. Fair
Association's annual meeting.
Supervisor Claud moved the Board commend Mr. Nogiec and the Fair
Committee for their efforts associated with the Fair. -The motion was
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adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the
motion (4-0): none voting against.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE SEVEN HUNDRED THIRTEEN
THOUSAND SIX HUNDRED TWENTY THREE DOLLARS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO
THE ISLE OF WIGHT COUNTY SCHOOLS
Wh'EREAS, during the 1997-98 budget year, the Isle of Wight County
Schools did not expend all budgeted funds to be received from .local sources
by seven hundred ninety three thousand six hundred twenty three dollars
($793,623); and,
WHEREAS, the funds iri the amount of eighty thousand dollars
($80,000) were approved and previously appropriated from the
unappropriated fund balance of the General Fund for funding two (2)
teaching positions in the 1998-99 Operating Budget of the County of Isle of
Wight; ands,
WHEREAS, the balance of the remaining funds in the amount of
seven hundred thirteen. thousand six hundred twenty three dollars
($713,623) has been approved for appropriation from the unappropriated
fund balance of the General Fund for the specified non-recurring .capital
expenses in the 1998-99 Operating 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 Tsle of Wight, Virginia that seven
hundred thirteen thousand six hundred twenty three dollars ($713,623) from
the unappropriated fund balance of the General Fund be appropriated to the
Isle of Wight County Schools in the 1998-99 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 as follows: Cofer, Bradby, Spady and Claud
voting in favor (4-0); none voting against.
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Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO DEEM CERTAIN VEHICLES AS SURPLUS.
PROPERTY
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WHEREAS, the County of Isle of Wight has personal .property
consisting of vehicles that. are no longer serviceable or have been replaced
by new equipment and which are no longer needed by the County of Isle of
Wight; and,
WHEREAS, the Board of Supervisors of Isle of Wight County deems
the following vehicles surplus and desires to dispose of same by method of
sale most advantageous to the County;
92' Ford 4 Door Sdn
93' Ford 4 Door Sdn
87' Plymouth K-car
87' Dodge K-car
88' Dodge K-car
89' Plymouth K-car
2FACP72W2Nx210522
2FACP7l W4Px147072
1 P3BP36D4HF 166434
1 B3BD36D2HF172968
1B3BD46DXJC157163
1 P3BK46D6KC463752
Sheriffs Dept.
Sheriff's Dept.
County Admin.
County Admin.
County Admin.
County Admin.
BE IT FURTHER RESOLVED by said Board of Supervisors that the
County Administrator, of Isle of Wight County, as the Central Purchasing
Agent of said County, be and is hereby authorized to sell said. surplus
property after advertising the date, place and terms irr a newspaper having
general circulation in the County of Isle of Wight at least five days prior to
said sale and .the. County Administrator shall report to the Board of
Supervisors of the County of Isle of Wight as to the disposition of said
property.
The motion was adopted as follows: Cofer, Bradby, Spady and Claud
voting in favor (4-0); none voting against.
Anne F. Seward, Director of Budget and Finance, and Gerald H.
Gwaltney, Commissioner of the Revenue, addressed the Board regarding a
cost comparison, proposed implementation plan, and comparative
information from other localities for a two (2) year period for reassessment.
Mr. Gwaltney stated that while proceeding with an in-house assessment
every two (2) years may have merits down the road, at the present time,
however, conditions do not warrant proceeding in this direction.
Supervisor Claud moved the Board receive the report and that it be
placed on the February 4, 1999 agenda for Board discussion. The motion
was adopted as follows: Cofer, Bradby, Spady and Claud voting in favor (4-
0); none voting against.
Ms. .Seward stated the .Board, in October of 1998, approved an
application and acceptance of grant funds to be received for a Criminal
History Improvement Grant. by the Sheriffs Department .for hardware and
software needed for law enforcement. The Sheriffs Department has
received notification that it did get the award, although in a lessen amount
than requested. The Sheriffs Department did pursue funding from the State
Compensation Board regarding the balance of funds needed and was advised
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the State Compensation Board will assist with this in accordance with the
locality sharing stress factor which requires that the governing locality
match all costs at 27% of whatever the expenses are.
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Supervisor Claud moved the Board approve $3,260 from the
Contingency Fund to the Sheriffs budget for the purchase of the needed
hardware and software. The motion was adopted as follows: Cofer, Bradby,
Spady and Claud voting in favor (4-0); none voting against.
Resolution to Approve the Submission of a Grant Application and to
Authorize and Appropriate $3,742 in Grant Funds From the Virginia
Department of Criminal Justice Services.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLU`T'ION TO APPROVE THE SUBMISSION OF A GRANT
APPLICATION AND TO ACCEPT AND APPROPRIATE THREE
THOUSAND SEVEN HUNDRED FORTY TWO DOLLARS IN
GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF
.CRIMINAL JUSTICE SERVICES
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia. has authorized the submittal of an application for grant funds from
the Virginia Department of Criminal Justice Services; and,
WHEREAS; funds in the .amount of three thousand seven hundred
forty-two dollars ($3,742) 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 three
thousand seven hundred forty-two dollars ($3,742) or so much as shall be
received from the Virginia Department of Criminal Justice Services. be
appropriated to the appropriate line item in the 1998-99 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.
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The motion was adopted as follows: Cofer, Bradby, Spady and Claud
voting in favor (4-0); none voting against.
County Administrator Casket' informed the Board that. the Hampton
Roads Economic .Development Alliance has .scheduled its annual board
luncheon at 12:00 p.m. on February 3, 1999 in Norfolk. Mr. Casket'
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requested any 'interested Board member to advise his staff so that
appropriate travel arrangements could be made.
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Chairman Spady called for Old Business.
Following an inquiry from Supervisor Claud, .County Attorney Crook
reported to the Board that to his knowledge VDOT permits for biking events
are only required for races. The event sponsored by Bike Virginia is not a
race and do~s,not require a permit because the cyclists are not supposed to
violate any traffic laws, stated County. Attorney Crook.
Supervisor Spady moved the Board direct. the County Attorney to
contact the Sheriff and request his assistance in assuring that the cyclists
abide by appropriate traffic laws. The motion was adopted as follows:
Cofer, Bradby, Claud and Spady voting in favor of the motion (4-0); none
voting against.
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Chairman Spady called for New Business.
Supervisor Cofer moved the Board direct staff, in conjunction with the
Planning Commission, to review the minimum lot size served by water and
sewer and that it be increased to° a minimum of 15,000 square feet. The
motion was adopted as follows: Cofer, Bradby, Claud and Spady voting in
favor of the motion (4-0); none voting against.
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Chairman Spady called for Appointments.
Supervisor Bradby moved the Board appoint Lawson Carr,
representing the Hardy District, to the Beautification Committee. The
motion was adopted unanimously (4-0).
Supervisor Claud moved the Board reappoint Ronald W. Garrett as the
Citizen Representative on the Transportation .Safety Committee. Mr.
Garrett's term will expire in December of 2002. The motion was adopted
unanimously (5-0).
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Chairman Spady called for the County Attorney's report.
County Attorney Crook informed the Board that his .office has
prepared a renewal to the lease with Social Services which contains a fixed
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rental of $12,235 annually until the year 2016 ($2,500 for the year 2016).
He noted that he requested the Director of Social Services be present to
answer questions of the Board regarding the proposed lease, but was advised
that she is out of town and unavailable for this meeting.
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Mr. Robertson informed the Board that there is current legislation at
the State level that may increase the level of compensation to localities for
rental to Social Services agencies .and he .would forward information
concerning this to the Board for their reference.
On motion of Chairman Spady, unanimously adopted, the Board
tabled consideration of the matter until a later time when the Director of
Social Services could be present and when Mr. Robertson is able to obtain
additional information on the level of available compensation to localities.
Related to the Windsor sewer project, County Attorney Crook
presented the Norfolk and Western Railway Company/Isle of Wight County.
Sewer Line Agreement for the Board's consideration for lines that go under
the railroad tracks. County Attorney Crook stated certain .language in the
Agreement has. been modified and he is recommending the Board approve
the form of the Agreement and authorize the Chairman to sign on behalf of
the County so that it can be forwarded to Norfolk and Western Railway
Company for its approval.
II
Supervisor Claud moved the Board approve the Norfolk and Western
Railway Company/Isle of Wight .County Sewer Line Agreement and
authorize the Chairman to sign it on behalf of the County. The motion was
adopted as follows: Cofer, Bradby, Spady and Claud voting in favor of the
motion (4-0); none voting against.
//
County Attorney Crook requested an executive session under Section
2.1-344 A3 of the Freedom of Information Act for advice of counsel and
staff concerning acquisition and/or use of property for .public purposes;
under Section 2.1-344 A7 concerning advice of counsel on the legal aspects
of intergovernmental negotiations; and, Section 2.1-344 Al concerning a
personnel matter.
L,
County Administrator Caskey requested an executive session under
Section 2.1-344 A 1 concerning a personnel matter and under Section 2.1-
344 A3 for advice of counsel and staff concerning a matter of acquisition of
property for public use.
Supervisor -Claud moved the Board enter. executive session for the
reasons stated. The motion was adopted unanimously (4-0).
Supervisor Claud moved the Board adopt the following resolution:
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CERTIFICATION OF EXECUTIVE MEETING '
VVFIEREAS, the Board. of Supervisors has convened an executive
meeting on this date pursuant to an afFirmative recorded vote and in accordance
with. the provisions of the Virginia Freedom. of Information Act; and,
WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's lrnowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Cofer, Bradby, Spady and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 1
The motion was adopted as follows: Cofer, Bradby, Spady and Claud
voting in favor of the motion (4-0); none voting against.
Supervisor. Cofer moved the Board approve the regrade for an
Administrative Assistant position retroactive to January. 1, 1999. The
.motion was adopted as follows: Cofer, Bradby, Spady and Claud voting in
favor of the motion (4-0); none voting against.
Supervisor Cofer moved that the Chairman appoint a Board of
Supervisors' subcommittee to meet with the School Board's subcommittee
to study and coordinate joint design and use of facilities. for education and
community services. The motion was adopted. as follows: Cofer, Bradby,
Spady and Claud voting in favor of the motion (4-0); none voting against.
Chairman Spady moved the Board appoint Supervisors Cofer and
Claud to coordinate with the School Board on the committee for mutual
facilities for use by school and recreation. The motion was adopted as
follows: Cofer, Bradby, Spady and Claud voting in favor of the motion (4-0);
none voting against.
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Chairman Spady noted he would bring up the matter of the Board's
standing committees' appointments at the Board's February 4, 1999 meeting
for discussion.
//
Supervisor gofer moved the Board adjourn at 9:20 p.m. The motion
was adopted unanimously (4-0).
~>s
A. Sp hairm