06-17-1999 Regular Meeting~g D~n~ ~~ ~,; ,; ~ ~~,.~~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD' THE SEVENTEENTH DAY OF JUNE IN THE
.YEAR NINETEEN HUNDRED NINETY NINE
PRESENT: O. A. Spady, Chairman
Malcolm T. Cofer, Vice-Chairman
Henry H. Bradby
..Phillip A. Bradshaw
Robert C. Claud, Sr.
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County AdministratorJDirector of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Spady called the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Bradby.
The Pledge of Allegiance .was conducted.
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Chairman Spady called for Special Presentations.
Peter. M. Stephenson, Smithfield Town Manager, and Mayor James
Chapman briefed the Board on the proposed Community/Conference Center
to be located in Smithfield.
Mrs. Evelyn Chandler briefed .the Board on the Boykin's Tavern
Initiative to date.
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Chairman Spady indicated. the following Consent Agenda included
Items 2, A through C, and asked if there were any items for removal:
A. Final Plat of Gatling Pointe South Subdivision, Phase 3A, Route
704, Battery Park Road, Newport Magisterial District
B. Delinquent Real Estate Tax Collection Monthly Report
C. May 20, 1999 Regular Meeting Minutes
Supervisor Bradshaw moved the Board adopt .all items of the Consent
Agenda. The- motion was adopted with. Supervisors Cofer, Bradby, Spady,
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Bradshaw and Claud voting in favor of the motion and no Supervisors
voting against the motion.
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Chairman Spady called for Transportation Matters.
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MacFarland Neblett, Resident Engineer, VDOT, briefed the Board on
current and outstanding projects. He specifically advised that a public
hearing on the Route 260 connector between Route 258 and Route 58
Bypass is scheduled for August I7, 1999. The advertisement date ~ is
December of 2000 and the anticipated construction cost for this project is
$9.7 million. He advised the bridge over Jones Creek on Route 704, Rescue
Road, will be built at the same location as the existing bridge. The bridge
will contain a 17 foot vertical clearance over the channel with the causeway
on the Battery Park side. He advised the new bridge and causeway is
scheduled for advertisement in January of 2001 and it is anticipated it will.
take approximately eighteen (18) months to complete. He stated
construction is .anticipated to begin in April of 2001 with an anticipated cost
of $3.5 million of which $3.3 million is already funded. He .advised as
development takes place in the Isle of Wight Industrial Park east of Windsor,
left and right turn lanes may be needed. He advised Blue Ridge Trail, Pope
Swamp Trail, Sandy: Ridge Road, Country Way and Twin Hill Lane appear
to be candidates for the Pave-In-Place program. He stated VDOT is still
reviewing the need for additional right-of--way on Muddy Cross Road. He
stated due to concerns with the cemetery on both sides of the road on
Campbells Chapel Road, VDOT may carry the road from Route 258,
Brewers Neck Road to Ramos Way which would serve the majority of
homes on this road. He stated he would .have the signs replaced on Fire
Tower Road and. Tomlin Hill Drive. Yellow Rock Lane and Highway Lane
meet the criteria for the Rural Addition Policy although there may be some
speculative interest and further research is needed. He advised the work
goes to ad on July 20, 1999 for the right turn lane at Route 258 and Route 58
Business in Franklin with construction beginning in September of 1999.
Upon inquiry.. from Supervisor Brady regarding the status of the
surveyors on Route 10 in Rushmere, Mr. Neblett informed Mr. Bradby-that
attempts by VDOT to acquire right-of--way would be initiated in the near
future.
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Supervisor Bradshaw requested Mr: Hartley contact Mr. Neblett to
coordinate a meeting regarding Pruden Road.
Supervisor Claud requested Mr. Hartley contact Mr. Neblett to
coordinate a meeting regarding the turn around area on South Johnson
Avenue.
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Walter Uzzell advised the Board that the speed limit sign, on Bowling
Green Road has been torn down and needs .replacing. He also. advised there
is no shoulder along the roadway and the overall condition of the road needs
attention.
Fat Clark requested the status of the turn lanes on Kings Cove Way.
Mr. Hartley .informed Mr. Clark that the RacTrac facility .has
withdrawn its plans .for. expansion. Supervisor Spady advised that VDOT
may need to revisit its strategy for dealing with this matter.
Mr. Hartley noted receipt of a letter dated June 7, 1999 from. James S.
Givens, State Secondary Roads Engineer approving the abandonment .and
addition of a segment of Raynor Road associated with a minor relocation
necessary for the road improvement project.
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Chairman Spady called for Citizens Comments.
Robin Land voiced her concern with the Board's decision to appoint
Gene Lowery, replacing Herb DeGroft, to the School Board.
Michael Uzzell requested the Board take appropriate action against the
Director of Public Works for falsely accusing him of removing metal from
inside the dumpsters.
Linda A. Bean, Director of Social Services, requested the Board allow
her department to carry .over $40,000 from the current .fiscal year to next
fiscal year for the purpose of upgrading the Department of Social Services'
telephone system. She noted the Department of Social .Services is
anticipating returning to the County an unexpended $87,000 from
Companion Services due to the receipt of supplemental allocations from the
State.
Supervisor. Bradshaw requested information .from staff concerning
what it would take. to make Social Services a part of the County's telephone
system.
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Chairman Spady called for the .Community Development report.
Mr. Hartley notified the Board that he would be meeting with the
County Attorney to evaluate what effect the policy advisory received from
the Chesapeake Bay Local Assistance Department on the digging of ditches
to drain non-tidal wetlands will have on the County.
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Mr. Hartley noted receipt of a letter from the Corps of Engineers that
the Corps had lifted its suspension on consideration of future permits for the
Jones Creek Boat Landing due to the resolve of the issue of wetlands
mitigation.
Mr. Hartley distributed information on the additional. positions and
reclassifications requested for the fiscal year 1999-2000 within the Planning
and Zoning Department.
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At 7:00 p.m., Supervisor Cofer moved the Board amend the regular
order of the agenda in order to conduct the public hearings. The motion was
adopted unanimously (5-0).
Regarding the application of James E. Scott for a Conditional Use
Permit to operate a go-kart track on fourteen (14) acres of land adjoining
15216 Carroll Bridge Road, Smithfield, in Newport Magisterial District,
Chairman Spady notified citizens in the audience that the applicant has
requested that his application be withdrawn.
Chairman Spady called for a public hearing onthe following:
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The application of Ivan and Paula Manson for a Conditional Use
Permit to locate a mobile home for two (2) years while building a
single family residence on five (5) acres of land. located on the north
side of Bethany Church Road (Route 678) west of Wrenns Mill Road
(Route 677) in Hardy Magisterial District.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
Ivan Manson stated he would like to place a mobile home on the lot
for two (2) years while he builds his permanent two-story single family
dwelling.
Chairman Spady closed the public hearing and called for comments
from the Board.
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Supervisor Bradby moved the Board approve the application of Ivan
and Paula Manson. The motion was adopted with Supervisors Cofer,
.Bradby, Spady, Bradshaw and Claud voting in favor of the motion and. no
.Supervisors voting against the motion.
Supervisor Bradshaw requested Mr. Hartley research when was the
last time that. the Planning Commission recommended two (2) years for. a
Conditional Use Permit for a temporary mobile home.
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Chairman: Spady called for a public hearing on the following:
The application of Heather J. Kassatly for a Conditional Use Permit to
locate a mobile. home for two (2) years while building a single family
residence on approximately fifteen (15) acres of land located off the
west side of Trumptown Road (Route 651). Hardy. Magisterial District.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
Karen J. Morrison, mother of the applicant, stated she had agreed the
placement of the mobile home for one (1) year because she did not have in
her possession the deed- that allowed her to place the mobile home on the
property. She further stated she was agreeable to one (I) year.
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Bradby .moved the Board approve the application of
Heather J. Kassatly for placement of said mobile home for one (1) year only.
The motion was adopted with .Supervisors Cofer, Bradby, Spady, Bradshaw
and Claud .voting in favor of the motion and no Supervisors voting against
the motion.
Chairman Spady called for a public hearing on the following: ,
The application of Union Camp Corporation, owner and GTE South,
Inc., prospective owner for a Conditional Use Permit to install a GTE
telephone remote cabinet. The site is located on the east side of Oid
Mill Road (Route 60'7) south of Old Suffolk Road (Route 636) in
Windsor Magisterial. District.
Chairman Spady called for persons to speak zn favor of or in
opposition to the proposed application.
Amanda Secora, representing .Sites Unlimited, distributed pictures. of
the remote telephone cabinet, as proposed. She stated the purpose of the
cabinet is to upgrade existing phone lines for current customers and future
customers..
Chairman Spady closed the public hearing- and called for comments
from the Board.
County Attorney. Crook stated the Planning Commission expressed
concern with the color of the cabinet and the applicant has agreed to paint.
the cabinet. a color of choice of the Board, either green or beige.
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Supervisor Claud moved the Board approve the application of Union
Camp Corporation. The motion was adopted with Supervisors Cofer,
Bradby, Spady and Claud voting in favor of the motion and no Supervisors
voting against the motion. Supervisor Bradshaw abstained from discussion
and.voting on the application.
Supervisor Cofer moved the Board consider the following three (3)
applications simultaneously. The motion was adopted unanimously (5-0).
Chairman Spady called for a public hearing on the following three (3)
applications: .
The application of Alan V. Monette for a change in zoning
classification from RAC, Rural Agricultural Conservation to C-LI,
Conditional Limited Industrial, 1.8 acres of land located- off Days
Point Road (Route 673) on the east side of Monette Parkway in Hardy
Magisterial District. The purpose of the application is for an office
and data processing complex.
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The application of Monette Information Systems, Inc. for a change in
zoning classification from C-GC, Conditional General Commercial to
C-LI, Conditional Limited Industrial, 1.1853 acres of land located off
Days Point Road (Route 673) on the east side of Monette Parkway in
Hardy Magisterial District.
The application of A.T.G. Investments for a change in zoning
classification from C-GC, Conditional General Commercial to C-LI,
Conditional Limited .Industrial, .815 acres of land located off Days
Point Road (Route 673) on the east side of Monette Parkway in Hardy
Magisterial District.
Chairman Spady called for persons to speak in favor or in opposition
to the proposed applications.
Alan V. Monette, President of Monette Information Systems and
general partner of A.T.G. Partnership, stated he is seeking to build a 5,800
square foot addition to an existing data center building to allow him to build
an education center and. twenty (20) additional office spaces for new
personnel.
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Supervisor Bradby moved the Board approve the application of Alan
V. Monette, the application of Monette Information Systems, Inc. and the
application of A.T.G. Investments. The motion was adopted with
Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of
the motion and no Supervisors voting against the motion..
Chairman Spady called for a public hearing on the following:
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The application of Cecil S. and Carol G. Rhodes for a change in
zoning classification fTOm RAC, Rural Agricultural Conservation to R-
R, Rural .Residential. approximately one (1) acre of land located at
20192 Quaker Road, Windsor, in Newport Magisterial District. The.
purpose of the application is for one (1) single family residential lot.
Windsor Election District.
Chairman Spady called for persons. to speak in favor of or in
opposition to the proposed application.
Cecil S. Rhodes stated he is proposing to build a traditional home on a
lot that has been used as a mobile housing lot since 19? 1.
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Claud moved the Board approve the application of Cecil S.
and Carol G. Rhodes. The motion was adopted with Supervisors Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Spady .called for a public hearing on the following:
The application of John T. and Andrea D. Butler, III for a change in
zoning classification from RAC, Rural Agricultural Conservation to
RR, Rural Residential, approximately 3.5 acres of land located on the
south side of Oliver Drive (Route 600) between Longview Drive
(Route 602) and Bemis Church Boulevard (Route 10) in Newport
Magisterial District. The purpose of the application is to have the two
(2) .lots withdrawn from the Longview Agricultural Forestal District
and create two (2) single family residential lots. Newport Election
District.
Chairman Spady called for .persons to speak in favor of or in
opposition to the proposed application.
John. T. Butler, Jr, stated he is requesting to be allowed to sell two (2)
lots .off the original farm site. He stated one (1) lot to be sold is where the
original home site- is and the second lot is located where the tenant house is
near. the road.
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Claud moved the Board approve the application of John T.
and Andrea D. Butler, III. The motion was adopted vvith Supervisors Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the. motion and no
Supervisors voting against the motion.
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Supervisor Claud moved the Board approve the request of the
applicant to withdraw the land from the Longview Agricultural Forestal
District. The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion and no Supervisors
voting against the motion.
Chairman. Spady called for a public hearing on the following
application:
The application of Charles M. Braswell for a change in zoning
classification from RAC, Rural Agricultural Conservation to C-SE,
Conditional Suburban Estate approximately five (5) acres of land
located on the south side of Five Forks Road (Route 606) between
Deer Path Trail (Route 600) and Courthouse Highway (Route 258) in
Windsor Magisterial District. The purpose of the application is for
one (1) single family residential lot in the Windsor Election District.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
Charles Braswell stated he is requesting approval of the application
because of necessity in his farming operations.
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Claud moved the Board approve the application of Charles
M. Braswell. The .motion was adopted with Supervisors Cofer, Bradby,
Spady, Bradshaw and Claud voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Spady called for a public hearing on the following:
The Isle of Wight County 2000-2004 Capital Improvement Program
(CIP)
Chairman Spady called for persons to speak in favor of or in
opposition to the CIP.
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Mr. Hartley stated the CIP, as presented, has been recommended by
the Planning Commission in the amount of $2,658,289.. He noted not
included in the CIP are any school requests.
Chairman Spady closed the public hearing and called for comments
from the Board.
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Supervisor .Cofer moved the Board table .consideration of the Isle of
Wight County 2000-2004 Capital Improvement Program and set a work
session on June 30, 1999 at 6:00 p.m. to discuss the matter further. The
motion was adopted with Supervisors Cofer, Bradby, Spady,. Bradshaw and
Claud voting in favor of the motion and. no Supervisors voting against the
motion.
Chairman Spady called for a public hearing on the following:
An Ordinance to Amend the Water Usage Ordinance of the County of
Isle of Wight to Not Require Connection Fees for Existing Services
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed ordinance.
E. Wayne Rountree, P.E., .Director of Public Utilities, stated. the
County's current ordinance either charges or does not charge a connection
fee for a reconnection to an existing service. He stated the proposed
ordinance does not charge a connection fee when there is no work required
by the County.
Chairman Spady closed the ,public hearing and called .for comments
from the Board.
Supervisor. Claud moved the Board adopt the following amendment to
the Ordinance and approve the changes as proposed:
AN ORDINANCE TO AMEND CHAPTER 16.1, WATER, ARTICLE
IV CONNECTIONS, SSECTION 16.1-15, BY ADDING THERETO
SUBPARAGRAPH (e) NO CONNECTION FEE SHALL BE REQUIRED
WHEN CONNECTION IS TO BE MADE TO AN EXISTING SERVICE
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia adopted an Ordinance providing for rates and regulations on
water usage, Chapter 16.1 of the Isle. of Wight County Code on
November 21, 1996; and,
WHEREAS, the Ordinance adopted by the Board of Supervisors
aforesaid did not specifically require nor exclude connection fees when
connections are made to existing services previously used by another
building; and,
WHEREAS,. the Board of Supervisors of Isle of Wight County,
Virginia, deems it to be in the best interests of the citizens of Isle of Wight
County to provide in the water usage ordinance a .provision that no
connection fee: will be required when connection is made to an existing
service previously used by another building when no work is required by the
County to ready said service for connection.
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NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by
the Board of Supervisors of Isle of Wight County, Virginia, that Chapter
16.1 Water Article IV Connections Section :16.1-15 be amended by adding
thereto the following:
(e) No connection fee shall be required when connection is to
be made to an existing service previously used by another building
when no work is .required by the -County to ready said service for
connection.
The motion was. adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Spady called for a public hearing on the following:
An Ordinance to Amend the Sewer Usage Ordinance of the County of
Isle of Wight to Not Require Connection Fees for Existing Services
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed ordinance.
Upon no one appearing, Chairman .Spady closed the public hearing
and called for comments from the Board.
Supervisor Cofer moved the Board adopt the following changes in the
Ordinance:
AN ORDINANCE TO AMEND CHAPTER I4, SEWER AND
SEWAGE DISPOSAL, ARTICLE III, CONNECTION CHARGES
SECTION 14-20, BY ADDING THERETO (j) NO CNNECTION
FEES SHALL BE REQUIRED WHENCONNECTION IS TO BE
MADE TO AN EXISTING LATERAL
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia adopted an Ordinance providing for rates and regulations on
sewer usage, Chapter 14 of the Isle of Wight County Code on January
16, 1997; and,
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WHEREI~S, the .Ordinance adopted by the Board of Supervisors
aforesaid did not specifically require nor .exclude connection fees when
connections are made to existing services previously used by another
building; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it to be in the best interests of the. citizens of Isle of.Wight
County to provide in the sewer usage ordinance a' provision that no
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connection fee will be required when connection is trade to . an existing
service previously used by another building when no work is required by the
County to ready said service for connection.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by
the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 14
Sewer and Sewage Disposal, Article III Connection Fees, Section 14-20 be
amended by adding thereto the following:
(j) No connection fee shall be required when connection is to
be .made. to an existing lateral. previously used by another building
when no work is required by the County to ready said lateral for
connection.
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion and no Supervisors
voting against the motion.
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Supervisor Cofer moved the Board return to the regular order of the
agenda.. The motion was adopted unanimously {5-0).
Chairman Spady moved the. Board take aten-minute recess. The
motion was adopted unanimously (5-0).
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Upon returning to open session, Chairman Spady called for the County
Administrator's report.
County Administrator Caskey deviated from the items in his section
and introduced for the Board's consideration a resolution recognizing the
contributions of Amy Lee Palmer.
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE
THE ACCOMPLISHMENTS AND CONTRIBUTIONS OF
MRS. AMY LEE PALMER
WHEREAS, Amy Lee Palmer was a lifelong resident of Isle of Wight
County, Virginia; and,
..WHEREAS, Mrs.. Palmer was a fearless pioneer and activist in the
Civil Rights movement who advocated for the rights of all citizens in Isle of
Wight County; and,
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WHEREAS, Mrs. Palmer played a key role in the successful
integration of the public schools in Isle of Wight County; and,
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WHEREAS, the legacy left by Mrs. Palmer has left an indelible mark
on the history of Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors. of the County ofIsle of Wight, Virginia recognizes
the contributions and accomplishments of Mrs. Amy Lee Palmer.
BE IT FURTHER RESOLVED that the Board of Supervisors
expresses its condolences to the family, friends, and loved .ones of Mrs.
Palmer on the occasion of her passing.
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Bradby moved the Board adopt the following resolution:
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RESOLUTION TO CONGRATULATE
REVEREND DR. JAMES D. KEY,. II
ON HIS FIRST ANNIVERSARY
WHEREAS, Little Zion Baptist Church- has existed in Isle of .Wight
County since 1879; and,
WHEREAS, Rev. Dr. James D. Key II has been called to be Pastor of
Little Zion Baptist Church; and,
WHEREAS, Rev. Dr. Key .has provided spiritual vision for the
congregation of Little Zion Baptist Church; and,
WHEREAS, the humility and leadership of Rev. Dr. Key has provided
an example that the entire community should emulate; and,
WHEREAS, June 27, 1999 has been set aside to celebrate his first
year of service at Little Zion Baptist Church and within Isle of Wight
County.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia
congratulate Reverend Dr. James D. Key II and the Little Zion Baptist
Church family on its.first anniversary as Pastor and People.
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion and no Supervisors
'voting against the motion.
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Donald T. Robertson, Assistant to the County Administrator/Director
of Human Resources addressed recent information regarding a request
received from a citizen within the County. He explained Arrow Housing
Corporation has been working with this citizen to construct a home within
the Town of Smithfield and in order for this to be accomplished, they are in
need of assistance through the HOME Program funds. He stated there.
would be Federal funds provided to the County and there would be no local
funds required other than to use local funds as a pass through for these
Federal funds. He stated upon completion of a process that the County
would go through ensuring that. the funds will be forthcoming, then the
County would be requested to provide the $6,000 in funding and request.
reimbursement of its funds immediately thereafter.
Supervisor CIaud moved the -Board direct staff to proceed with the
application pending the availability of funds and the completion of the
application process. The motion was adopted with Supervisors Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Caskey presented a request by the .Friends of the
Carrollton Public Library that a sum of $38,800 be donated to the County
with the difference representing in-kind contributions made to that project.
Mr. Caskey stated The. Friends have also offered to continue furnishing the
library and will pay for several miscellaneous items totaling $4,500.
Supervisor Cofer moved the Board honor the request of the Friends of
the Carrollton Public Library to use in-kind contributions and accept the
$38,800 with the exception that they will pay the outstanding bills. The
motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and
Claud voting in favor of the motion and no Supervisors voting against the
motion.
Debbie Sivertson briefed the Board on the County's Year 2000. (Y2K)
progress, as well as the status of contingency planning efforts and plans for
communicating this information to community groups and citizens.
County Administrator Caskey stated Supervisor Claud is anticipating
being the County's delegate authorized to vote at the National Association
of Counties (NACo) annual conference and he would recommend the Board
formally designate him in this regard.
Supervisor Cofer moved the Board designate Supervisor Claud as the
County's delegate authorized to vote at the NACo Annual Conference. The
motion was adopted with Supervisors Cofer, Bradby,. Spady, Bradshaw and
Claud voting in favor of the motion and no Supervisors voting against the
motion.
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Chairman Spady called for Old Business.
The application of .Paul A. Galloway and Carlton D. O'Neal for a
change in zoning classification from G-C, Generale Commercial to SE,
Suburban Estate. The site is approximately 2.5 acres of land located at
20041 Brewer's Neck Boulevard, Carrollton, in Newport Magisterial
District. The purpose of the application is to provide .residential
zoning for an existing single family dwelling. (Tabled May 20, 1999)..
Mr. Hartley stated Mr. O'Neal is requesting that the matter be tabled
until the Board's July 15, 1999 meeting to allow- him. an opportunity to
speak further with a local bank that is willing to finance the property as it is
currently zoned.
Supervisor Cofer moved .the Board table consideration of the matter
until the July 15, 1999 meeting. The motion was adopted with. Supervisors
Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion
and no Supervisors voting against the motion.
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Chairman Spady called for New Business.
Supervisor Claud briefed the Board on his recent attendance at the
Summit II on the Conditions and Future of Virginia Cities. He stated the
discussion consisted of ways localities could be assisted through the General
Assembly in terms of revenue sharing and the State taking over functions
that are today jointly shared between the State and countieso He stated also
discussed was that the idea,. in the administrative section of government,
there could be an individual that cities and counties could contact to be
heard by the Governor through the General Assembly.
Supervisor Claud further briefed the Board on his recent attendance at
the Coalition of High Growth Communities meeting. He stated an agenda is
being looked at for the upcoming General .Assembly and there will be
another meeting held in August where these items will be put together with
input from Board members before they are finalized.
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Chairman Spady called for Appointments.
There were no appointments offered for discussion by the Board.
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Chairman Spady called for the County Attorney's report.
County Attorney Crook stated he forwarded a copy of a Resolution. for
Audiotaped Proceedings to .the Board of Supervisors for the Board's
consideration. He stated the County Administrator's office has suggested a
change in paragraph two (2), page two (2) which states .that "on the day
following the Board meeting the audiotapes will be copied and the audiotape
will be made available for public view within the Courthouse proper on the
second work day after said Board meeting", which is in accord with the
Board's prior motion.
Supervisor Claud. moved the Board adopt the following resolution, as
amended:
RESOLUTION
WHEREAS, the Clerk of the Board of Supervisors of Isle of
Wight County, Virginia, .has for many years audio-taped the proceedings of
the Board of Supervisors as a backup tool to the Recording Secretary's notes
to aid the Recording Secretary and Clerk in the preparation. of the official
Minutes of the Board of Supervisors as required by Section 15.2-1539 of the
Code of Virginia, 1950, as amended, the said audio-tape. recordings not
having been retained but having been erased following the preparation of the
written Minutes for the Board of Supervisors; and,
WHEREAS, the procedure employed by the Clerk of the Board
of Supervisors of Isle of Wight County, Virginia has been in accordance
with the opinions of the Attorney General of the Commonwealth of Virginia
(see 1982-1983 Report of the Attorney General, pages 722-723 of
September 10, 1982) and has .been upheld by the Circuit Court of Isle of
Wight County, Virginia (see Decree in Times Publishing v. County of Isle. of
Wight, Virginia, Board of Supervisors, in chancery No. 3803, Circuit Court
of Isle of Wight County, Virginia September 29, 1987, appealed denied by
the Virginia Supreme Court by Order entered October 20, 1987) said audio-
tape recordings not being deemed public records .under the Virginia
Freedom of Information Act; and,
WHEREAS, the General Assembly amended Section 2.1-341 of
the. Freedom of Information Act, Code of Virginia, to add "recordings" as
"public records"; and,
WHEREAS, the Clerk of the Board of Supervisors of Isle of Wight
County, Virginia, shall .continue to provide written Minutes as the official
records of the .meetings of the Board of Supervisors pursuant to Section
15.2-1.539 of the Code of Virginia, and audio-tape recordings will continue
to be used by the/ Clerk as a backup to the preparation of the Minutes and
said audio-tape recordings will be made available to the public upon request
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pursuant to the Freedom of Information Act under the. procedure hereinafter
provided.
J
1
IN CONSIDERATION WHEREOF, it is hereby resolved by the
Board of Supervisors of Isle of Wight County, Virginia, that:
1. Minutes of the public meetings of the Board of
Supervisors will be recorded by audio-tape as a backup to the Clerk's notes
to aid the Clerk in the preparation of the official Minutes of said Board;
2. That on the day following the Board meeting the audio-
tapes will be copied and the audio-tape copy will be made available for
public review within the Courthouse proper on the second work day after
said Board meeting;
3. .All such audiotapes will be appropriately labeled, dated,
and inventoried for ease of identification and kept in a single location in the
County Administrator's offices for a period of one year;
4. All such audiotapes shall be maintained and made
available to the public in accordance with the applicable provisions of the
Virginia Freedom of Information Act.
5. The foregoing policy, when adopted by the Board of
Supervisors, will be effective July 1, 1999.
The motion was adopted with .Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion and no Supervisors
voting against the motion.
County Attorney Crook stated he had. four (4) matters for executive
session later in the meeting.
//
Mr. Robertson presented a job description for the Emergency. Services
Coordinator for the Board's consideration.
Under "General Statement of .Job", Chairman Spady requested Mr.
Robertson insert "assist in" before "establishing policies and procedures to
support, execute and manage the plan". Under "Minimum Training and
.Experience", Chairman Spady requested Mr. Robertson include "Firefighter
I or II or higher certification". Under "Special Requirements", Supervisor
Bradshaw requested Mr. Robertson include "a good driving record".
/J
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County Administrator. Casket' requested an executive session under
Section 2.1-344 Al of the Freedom of Informatioxl Act concerning a
personnel matter; under Section 2.1-344 A7 concerning two (2) matters
regarding potential litigation requiring advice of counsel and under Section
2.1-344 A7 concerning a contractual matter requiring advice of counsel.
County Attorney Crook requested an executive session under Section
2.1-344 A7 concerning two (2) matters involving advice of .counsel on
potential litigation; under Section 2.1-344 A7 concerning advice of counsel
and staff on regional negotiations for agreements and under Section 2.1-344
Al concerning a personnel matter.
.Supervisor .Bradshaw requested an executive session under Section
2.1-344 A l concerning a personnel matter requiring advice of counsel and
under. Section 2.1-344 A3 concerning acquisition of land for public
purposes.
Supervisor Bradby moved the Board enter executive session for the
reasons stated. The motion was adopted unanimously (5-0).
Upon. returning to open session, Supervisor Cofer moved the Board
adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an afFirmative recorded vote and in accordance
with the provisions: of the Virginia Freedom of Information Act; and,
WHEREAS, 2.1-344.1 A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the executive meeting to which this certification
resolution applies, and (ii) only. such public business matters as were identified
in the motion convening the. executive meeting were heard, .discussed or
considered by the Board of Supervisors.
VOTE
AYES: Cofer, Bradby, Bradshaw, Spady and Claud
NAYS: 0
ABSENT DURING VOTE: 0
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ABSENT DURING MEETING: 0
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion and no Supervisors voting
against the motion.
//
.Chairman Spady requested that the matter of the VRS SO/30
amendment be placed back on the Board's agenda for its June 30, 1999
continued meeting.
SuQervisor Cofer moved the Board continue its meeting unfit 6:00
p.m. on June 30, 1999 for the purpose of conducting a budget work session..
O. A. S Chai
W.1Joug1 key, Cle
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