07-15-1999 Regular Meeting80^K 1~ ~;;~5',8
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY-BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF JULY IN THE YEAR
NINETEEN HUNDRED NINETY NINE
PRESENT: Malcolm T. Cofer, Vice-Chairman
Henry H. Bradby
Phillip A. Bradshaw
Robert C. Claud, Sr.
ABSENT: O. A. Spady
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
Vice-Chairman Cofer presided over the meeting in the absence of
Chairman Spady and called the meeting to order at 6:00 p.m. The
invocation was delivered by Reverend James D. Key, Pastor,. Little Zion
Baptist Church.
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The Pledge of Allegiance was conducted.
Vice-Chairman Cofer indicated the .following Consent Agenda
included Items 1, A and B, and asked if there were any items for removal:
A. Delinquent Real Estate Tax Collection Monthly Report
B. June 17, 1999 Regular'Meeting Minutes
Supervisor Claud moved the Board adopt all items of the Consent
Agenda. The motion was adopted with .Supervisors Cofer, Bradby,
Bradshaw and Claud voting in favor of the motion (4-0~ and no Supervisors
voting against the. motion.
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Vice-Chairman Cofer called for Transportation Matters.
Mr. Hartley noted receipt of a letter dated June 30, 1999 from R. L.
Riddick, VDOT, advising that Whispering Pines Trail and Blue Ridge Trail
have been regraded.
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Mr. Hartley noted receipt of a letter dated July 6, 1999 from James S.
Givens, VDOT, approving the abandonment of Williams Street.
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Mr. Hartley notified the Board that the quarterly meeting with Mr.
Cleveland and staff would be held on July 26, 1999 at 2:00 p.m. at the
VDOT Suffolk office to discuss issues that are related to the County.. Mr.
Hartley requested Board members with projects or concerns notify him for
inclusion of these items on the agenda.
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Mr. Hartley notified the Board that a public hearing on the Route 260
Connector project would be held on August 17, 1999 at the
Jamestown/Camptown Community Center.
Supervisor Bradshaw requested Mr. Hartley confer with VDOT to
make certain that public attendance can be adequately accommodated at this
facility.
Supervisor Bradby requested Mr. Hartley check with VDOT on the
status of the posted speed limit and appropriate signage along Route 650.
Supervisor Claud requested Mr. Hartley follow-up on how. much right-
of-way is needed along Blue Ridge Trail
Supervisor Claud requested Mr. Hartley follow-up on needed right-of-
way for improvements to Muddy Cross .Drive.
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Supervisor Bradshaw requested Mr. Hartley follow-up with VDOT on
the criteria for developing a list of candidate roads to be considered under
the Pave-In-Place program.
Upon inquiry from Supervisor Bradshaw, Mr. Hartley brought the
Board up-to-date on the status of the surveying work on roads. to be .brought
into the State system.
Henry. Bell, a resident of Raynor Road, provided a status. report to .the
Board on the progress of the improvements to Raynor Road.
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Vice-Chairman Cofer called for Citizens Comments.
Grace Keen, a resident of Benns Church Boulevard, suggested a year-
round Farmers Market be developed in the County to showcase the County's
products.
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Michael Uzzell requested attention be given to a letter he previously
received from the Director of Public Works concerning illegal _activities at
dumpster sites. Mr. Uzzell also requested school bus. signs be installed at
certain locations in the County.
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Supervisor Cofer requested Mr. Hartley further discuss the matter of
school. bus signs with Mr. Uzzell to determine if the locations suggested by
Mr. Uzzell qualify under VDOT's .specifications. Supervisor Cofer also
requested the County Administrator bring the matter of the letter from the
Director of Public Works to the Board for consideration at its August 5,
1999 meeting.
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Vice-Chairman Cofer called for the Community Development report.
Responsive to an inquiry from the Board at its June 17,.1999 meeting
regarding mobile homes, Mr. Hartley referred to a report contained in the
agenda outlining the history prior to the new Zoning Ordinance.. Mr. Hartley
noted the Planning Commission would be evaluating amendments to change
how the County currently. deals with the family member mobile homes and
this information will be brought back to the Board in the early Fall.
Mr. Hartley noted .the Coalition of High Growth Communities would
begin its meetings in August to evaluate its legislative agenda for the 2000
General Assembly session. Mr. Hartley requested the Board notify him of
its objectives so that these issues can be addressed with the Coalition: Mr.
Hartley specifically asked the Board what it thought the focus of the
Coalition ought to be and what input can be given to Supervisor Claud, the
Board's representative, in terms of the upcoming legislative session.
Supervisor Claud stated that when .representatives for the Coalition
met last year, items such as revenue sharing and sources, construction of
new schools and land issues were discussed. He stated each community had
its own specific need which the Coalition attempted to incorporate into one.
general package.. He stated he believes the Coalition will do well to
concentrate on land use issues and he believes. the land use issues contained
in the hand-out provided by the Virginia Chapter of the American Planning
Association and distributed by Mr. Hartley incorporates this list. He offered
to help Mr. Hartley and the attorney to review these issues to determine how
applicable they may be to the .County.
Supervisor Claud requested Mr. Hartley review all related topics and
issues and that he bring recommendations to the Board for further
consideration as to what should be included on the Coalition's agenda.
Mr. Hartley noted staff had received a letter from the Chesapeake Bay
Local Assistance Department (CBLAD) in response to the County
Administrator's. letter of June 15, 1999. Mr. Hartley stated CBLAD's main
priority in terms of funding is to achieve Comprehensive Plan consistency
and that regular implementation is no longer a high priority.
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Mr. Hartley noted traffic access management plans for the Eagle
Harbor development have been referred to :Langley & McDonald, VDOT
and the Hampton Roads Planning District Commission for their comments.
He noted he proposes to bring the matter to the Planning Commission for its
consideration at its August 10, 1999 meeting and then to the Board for its
consideration at its August 19, 1.999 meeting.
Mr. Hartley noted he would be inviting a representative from the
Hampton Roads Sanitation District to the Planning Commission's meeting
of August 10, 1999 to discuss the issue of sludge applications.
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Vice-Chairman Cofer called for the County Administrator's report.
County Administrator Casket' presented a resolution recognizing Dr.
Sujata C. Buck upon her resignation from .the Western Tidewater Health
District for the Board's consideration.
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE
DR. SUJATA C. BUCK
UPON HER RESIGNATION FROM
WESTERN TIDEWATER HEALTH DISTRICT
WHEREAS, Dr. Sujata C. Buck has been Director of the Western
Tidewater Health District for six years;. and,
WHEREAS, Dr. Buck has demonstrated a commitment to serving the
health needs of citizens in Isle. of Wight County and surrounding
communities; and,
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia appreciates the hard work and commitment of Dr. Buck
to the Western Tidewater Health. District; and,
WHEREAS, Dr. Sujata C. Buck tendered her resignation from
employment effective August 9, 1999.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
recognize and express appreciation to Dr. Sujata C. Buck on the occasion of
her resignation from employment with the Western Tidewater Health
District..
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The motion was adopted with Supervisors Cofer, Bradby, Bradshaw
and. Claud voting in favor of the motion (4-0) and. no Supervisors voting
against the motion.
County Administrator Caskey noted a formal presentation copy would
be presented to Dr. Buck. on July 30, 1999.
County Administrator Caskey noted the Metropolitan Planning
Organization will be taking action on the matter of regional transportation
priority settings at its August 18, 1999 meeting. In the meantime, he
recommended that the Board study this information further and contact him
should they have any questions. County Administrator Caskey noted he
would bring .the matter back to the Board at its August 5, 1999 meeting for
further discussion and the Board's consensus as to the County's perspective
on the matter.
Supervisor Claud reminded the Board that the issue of regional
transportation priority settings is a twenty (20) year plan which will be
updated in the next three (3) years.. He stated the General Assembly would
be making the decisions on how to fund these projects, not the jurisdictions.
He stated the responsibility of the MPO is to determine a reasonable. way
that these projects can be funded.
County Administrator Caskey presented a late item request. from
Michael King dated July 13, 1999 concerning a contribution.. from the
County for .the AAU 12 and Under Girls Softball Team. County
Administrator Caskey stated the. contribution would help send the team to
Sterling, Virginia to the Pony Nationals from July 27, 1999 until August 1,
1999.
Supervisor Cofer moved the .Board appropriate $500 from the
Contingency Fund for the AAU 12 and Under Girls Softball Team. The
motion was adopted with Supervisors Cofer, Bradby, Bradshaw and Claud
voting in favor of the motion (4-0) and no Supervisors voting against the
motion.
Responsive to the Board's request to staff at its July 1, 1.999 meeting,
County Administrator Caskey- presented draft criteria for requests for
funding sponsorships. He asked that the Board study the criteria further and
noted that he intends to bring the matter back to the Board for .its
consideration at its August 5, 1999 meeting. In the meantime, Supervisor
Cofer requested. the County Attorney review the guidelines..
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Vice-Chairman Cofer called for Old Business.
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Vice-Chairman Cofer called for consideration of the following old
business.
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The application of Paul A. Galloway and Carlton D. O'Neal for a
change in zoning classification from G-C, General 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.
Mr. Hartley stated .the applicant is requesting his application 6e
withdrawn as he was able to secure financing with the property zoned
commercial.
Supervisor Bradshaw moved the Board approve the applicant's
request to withdraw his application. The motion was adopted with
Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the
motion (4-0) and no Supervisors voting against the motion.
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Vice-Chairman Cofer called for New Business
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Responsive to Supervisor Claud's request for the establishment of
procedures as to how fiscal impact studies would be handled in the future,
Mr. Hartley noted that there is a manual under preparation through
discussions with the Planning. Commission to ztiectively deal with these
studies. Mr. Hartley referred to a textbook entitled The Fiscal Impact
Analysis Handbook which is considered. the standard reference text for fiscal
impact analysis and. noted that he is in the process of distilling this dawn to
something that works for the County. Mr. Hartley noted there are twenty-
eight (28) pages of amendments of various natures and this information
would be coming to the Board at the end of the year.
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Vice-Chairman Cofer called for Appointments.
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Supervisor Claud moved the Board reappoint Virtley Porter,
representing the Windsor District, to the .Commission on Aging for an
additional three (3) year term. Ms. Porter's term will expire in July of 2002.
The motion was adopted unanimously (4-0).
Supervisor Bradshaw moved the Board reappoint Paul Hall, Sr. to the
Virginia Alcohol Safety Action Program for an additional three (3) year
term. Mr. Hall's term will expire in May of 2002. The motion was adopted
unanimously (4-0).
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Vice-Chairman Cofer called for the County Attorney's report.
County Attorney Crook stated Supervisor Bradshaw referred to him a
request from the Carrsville Volunteer Fire Department requesting the Board
consider an ordinance that would provide for junior volunteer fire fighters
(children sixteen (16) and older) who meet certain requirements. He stated
there is a statute that authorizes this and he has prepared an Ordinance for
the Board's consideration should they authorize him to advertise this matter
for public hearing at the Board's August 19, 1999 meeting.
Supervisor Bradshaw moved the Board authorize the County Attorney
to advertise the Ordinance for public hearing at the Board's August 19, 1999
meeting. The .motion .was adopted with Supervisors Cofer, Bradby,
Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors
voting against the. motion.
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Vice-Chairman Cofer called for a public .hearing on the following:
The application of Isle of Wight County Department of Parks and
Recreation to hold the "1999 Isle of Wight County Fair" on Thursday,
September 16, 1999 through Sunday, September 19, 1999 on 43.9
acres of land adjoining the Courthouse Complex which is located. on
the west side. of Courthouse Highway (Route 258) in Hardy
Magisterial District.
Vice-Chairman Cofer called for persons to speak in favor of or in
opposition to the proposed application.
Alan S. Nogiec, Director of Parks and Recreation, requested the Board
approve the application for the County's sixth annual Fair. He .noted this
year's fair will be dedicated in memory of Joel C. Bradshaw, Jr.
Vice-Chairman Cofer closed the .public hearing and called for
comments from the Board.
Supervisor Claud moved the .Board approve the application of the Isle
of Wight County Department of Parks and Recreation. .The motion was
adopted with Supervisors Cofer, Bradby, Bradshaw and Claud voting in
favor of the. motion (4-0) and no Supervisors. voting against the motion.
Vice-Chairman Cofer called for a public hearing on the following:
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The application of Sheila B. Epperly and William R. Bryant, Jr. for a
Special Use Permit to utilize a travel trailer/camper during the summer
months and otherwise store at 14460 Burwells Bay Road, Smithfield
in Hardy Magisterial District.
Vice-Chairman Cofer called for persons to speak in favor of or in
opposition to the proposed application.
Sheila B. Epperly,_ co-owner of the property, stated when' she
purchased the property in 1996 it contained a camper and shed. She stated
the camper was removed which was in need of repairs due to saltwater
deterioration, but she was unaware that if it were ever removed, if would no
longer be grandfathered. She requested the Board approve the application;
otherwise, because of setback requirements, the property is of no use to her.
Ms. Epperly distributed a copy of a letter from an individual who was in
favor of the application but could not be present at the meeting tonight due
to health reasons.
Bill Butler, a resident of River Ridge Road, spoke in favor stating he
knew the previous owners of the property who sold the property to the Ms.
Epperly and Mr. Bryant with the intentionthey could use the trailer on the
property. Mr. Butler stated the trailer .was only removed because the roof
was in need of repair and had collapsed.
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Mr. Hartley distributed a copy of a letter dated July 9, 1999 from
Rueben R. Lewis and Linda C. Lewis in support of the application.
Vice-Chairman Cofer read into the record a letter from Lillian Gainey
of Burwells Bay in support of the application.
Upon no one appearing to speak in opposition, Vice-Chairman Cofer
closed the public hearing and called for comments from the Board,
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Upon inquiry of County Attorney Crook, Mr. Hartley notified the
Board of his receipt of a letter. of denial from the Health Department dated
July 13, 1999 addressed to the Bryants who had applied for an on-site
sewage disposal system. Mr. Hartley noted he spoke with Larry Griffin with
the Health Department who advised that there could not be a septic system
located on this property. Mr. Hartley notified the Board that a system was
established several years ago without the approval of the Health Department.
Mr. Hartley stated the Health Department has indicated that this system
would require variances and that there are no easements establishing where
the lines are at this point.
William R. Bryant, Jr. stated it has been determined that the site is not
suitable for a sewage system, however, there was a disposal pumping station
placed on the property some .time ago that could handle the sewage from the
trailer by pumping it on to another piece of property. He stated the Health
Department would have to reevaluate this system to determine if it would be
sufi'icient for handling the sewage portion of the trailer. He stated if the.
Board approves his application tonight, then he will proceed with meeting
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the. requirements of the Health Department. Mr. Bryant stated he is now
talking with. the gentlemen who has control of the septic tank and thus, far he
has no problem with giving them an easement.
Mr. Hartley clarified for the Board that there is no location on-site that
the applicant owns that can be used for a septic system. He stated the
Health Department now requires either an on-site system or easements to _
provide for the maintenance of that system by all the users of the drainfield. .
Supervisor Bradshaw stated Planning Commission member O'Brian.
voiced a concern with setting a precedent. Responding to that, County
Attorney Crook stated the County's Ordinance only allows travel trailers in
travel. trailer parks and that Commissioner O'Brian was concerned .that the
County might be opening a door by allowing travel trailers to be located
outside of a travel trailer park. 1-1e stated the application tonight is for a
Special Use Permit which. is what an individual asks for if a use is not
permitted in any. district. He stated the Board's approval of this Special Use
.Permit tonight will be establishing a precedentin that the Board has granted.
approval for a Special Use Permit for a travel trailer and if someone else in
thin situation wants the same thing,. an individual could argue that it was
done far Mrs. Epperly and should be done for them as well.
Supervisor Bradshaw stated he is not in favor of setting such a
precedent and he is opposed to the .application. Supervisor Bradshaw stated
both of his representatives on the Planning Commission were against the
request and he intends to support their concerns.
Supervisor Claud shared Supervisor Bradshaw's concerns and stated
he is also concerned with having non-standard conditions. He stated:he is
aware of other non-conforming conditions in that area, but at some point the
Board must make a start.
Supervisor Bradby moved the Board table the application of Sheila B.
Epperly and William R. Bryant, Jr. until the Board's August I9, 1999
meeting to allow the applicant time to hear back -from the Health Department
on the approval of an off-site septic tank. The motion was adopted (3-1)
with Supervisors Cofer, Bradby and Claud voting in favor of the motion and
Supervisor .Bradshaw voting against the motion.
Vice-Chairman Cofer called for a public hearing on the following:
The application of Bruce R. and Eleanor M. Spady for a change in
zoning classification from RAC, Rural Agricultural Conservation to C-
SE, Conditional Suburban Estate, 4.29 acres of land located on the
south side of :Mallard Cove Lane, off Gayle Way (Route 693), in
Newport Magisterial District. The purpose of the application is for a
single-family residential lot.
Vice-Chairman Cofer called- for persons to speak in favor of or in
.opposition to the proposed application. ~-
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Bruce R. Spady stated he rezoned approximately seven (7) acres last
year, however, he failed to file the required zoning boundary plat within the
six (6) months time limit. He stated in the meantime he sold half of the land
to an adjoining landowner and he is now reapplying to rezone 4.29 acres,
rather than the original seven (7) acres.
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Upon no one appearing to speak in opposition, Vice-Chairman Cofer
closed the public hearing and called for comments. from the Board.
Supervisor Claud moved the Board approve the application of Bruce
R. and Eleanor M. Spady, as proffered.. The motion was adopted with
Supervisors Cofer, Bradby, Bradshaw .and Claud voting in favor of the
motion (4-0) and no Supervisors voting against the motion.
Vice-Chairman Cofer called for a public hearing on the following:
The application of Mike and Charlotte Scott for a Conditional Use
Permit to locate a mobile home on their property at 15401 Loblolly
Lane, Windsor, in Newport Magisterial District, to be occupied by
father, Gary C. Alexander.
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Vice-Chairman Cofer called for persons to speak in favor of or in
opposition to the proposed application.
Charlotte Scott stated she is requesting the location of a mobile home.
on her property so that she can care for her father.
Upon no one appearing to speak in opposition, Vice-Chairman Cofer
closed the public hearing and called far comments from the Board.
Supervisor Claud moved the Board approve the application of Mike
and Charlotte Scott, as conditioned. The motion was adopted with
Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the
motion (4-0) and no Supervisors voting against the motion.
Vice-Chairman Cofer called for a public hearing on the following:
The application of Vintage Builders for a Conditional Use Permit to
operate a real estate office in a model home, to be located on lot 76 of
Carrollton Meadows Subdivision, at 23231. Larkspur. Court, in
Newport Magisterial District.
Vice-Chairman Cofer called for persons to speak in favor of or in
opposition to the proposed application.
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Robert Bei-lucchi, a representative of Vintage Builders, stated he is
applying for a Conditional Use Permit with the intention of utilizing a model
home to operate a real estate office in the Carrollton Meadows Subdivision.
Vice-Chairman Cofer closed the public hearing and called for
comments from the Board.
Supervisor Claud requested Mr. Hartley address the comments in the
Board's package concerning off=street parking.
Mr. Hartley stated the applicant has indicated there was off-street
parking available and the Planning Commission felt this was adequate.
Supervisor Claud asked Mr. Berlucchi if two (2) years was within his
time frame for utilizing the model home..
Mr. Berlucchi indicated he felt two (2) years. would be a sufficient
amount of time. If not, he would return to the. Board and request an
additional year. Mr. Berlucchi stated the model home would eventually be
sold as a permanent home.
Upon no one speaking in opposition, Supervisor Bradby moved the
Board approve the application of Vintage Builders, as conditioned for two
(2) years.. The motion was adopted with Supervisors Cofer, Bradby,
Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors
voting against the motion.
Vice-Chairman Cofer called for a public hearing on the following:
An Ordinance To Amend The Isle of Wight County Code To Prohibit
Dogs Running At Large On Garbage Collection Sites Or Other
Publicly Owned Property
Vice-Chairman Cofer called for persons to speak in favor of or in
opposition to the proposed Ordinance.
County Attorney Crook stated he prepared the proposed Ordinance
responsive to concerns voiced by the Department of Public Works and two
(2) Board members regarding dogs running at large at trash collection sites.
Delores Darden of Bowling Green Road spoke in favor. She stated
she is the owner of the Darden Store where several dogs continually roam
the area. She stated she has received numerous complaints from residents
visiting the dumpster site across the street that are afraid to leave their cars.
She stated she has contacted the Animal Control shelter and staff has
informed her that the dogs are legal because they wear collars. She warned
that a person could get bitten when attempting to get .away from one of these
stray dogs.
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Beverly Crowley of Dews Plantation Road stated the County needs
additional staffing in the Animal Control Department in order to enforce this
Ordinance.
Valerie Delgoto, President of the 1-lumane Society, noted a problem
with the Animal Control shelter not being open during stated hours due to
lack of manpower. She stated it is often difficult to reach the shelter by
telephone because the phone is continuously ringing and .then staff must
respond, in order of priority, to calls.. She .stated complaints that are not
considered an emergency are left unanswered and the Board must first
address the issue. of a lack of staffing for the Animal Control shelter.
Sharon Hart of Newbill Lane spoke in favor of the Ordinance. She
requested leash laws be passed in the higher density areas of the County,
such as Sugar Hill Road. She expressed concern with dogs lying in the road,
playfully attacking her as she walks down the roadway, hunting dogs
howling and dogs urinating on her shrubbery and flowerbeds. She spoke in
favor of additional staffing in the Animal Control Department.
Vice-Chairman Cofer closed the public hearing and called for
comments from: the Board.
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Supervisor Claud moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND THE ISLE OF WIGHT
COUNTY CODE TO PROHIBIT DOGS RUNNING AT
LARGE ON GARBAGE COLLECTION SITES OR
OTHER PUBLICLY OWNED PROPERTY
BE IT AND IT IS HEREBY ordained by the Board of Supervisors of
Isle of Wight County, Virginia, that Chapter 3, ANIMALS AND FOWL,
Article II, Dogs and Cats, Division 2, Running at Large Generally, Section
3-18 Running at large prohibited within certain zoned areas; "at large"
defineds responsibility of owners or custodians. is hereby amended to read
as follows:
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It shall be unlawful for the owner or custodian of any dog to
allow such dog to run at large at any time .within any area in the
county other than those districts zoned. Rural Agricultural
Conservation. This exception does not apply to mobile homes or
trailer parks in Rural Agricultural Conservation District.. It is
further, unlawful, for the owner or custodian of any dog to allow
such dog to run at large on any garbage collection sites or any
other publicly owned property in the County of Isle of Wight.
For the purposes of this section, "at large" shall be taken to mean
off the premises of the owner and not under the control of the
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owner, his agent or the custodian of the dog, by a leash, cord or
chain; provided, that a dog shall not be considered "at large" if,
during the hunting season, it is on a bona fide hunt, in the
company of a licensed hunter or during field. trials or training
periods when accompanied by its owner or custodian.
It shall be .the responsibility of owners or custodians of dogs
residing .within the Rural Agricultural Conservation Districts of
the County to control such dogs to prohibit. them from roaming
in the other areas covered by this ordinance.
The motion was adopted with .Supervisors Cofer, Bradby, Bradshaw
and Claud voting in favor of the motion (4-0) and no Supervisors voting
against the motion.
Supervisor Cofer requested the County Administrator investigate why
Animal Control personnel are not in their office during stated hours of
operation.
Supervisor Bradshaw requested staff review and compare the leash
laws in high-density areas and provide the Board with a recommendation on
the. possibility of tying the ..leash law to the County's designated.
Development Service Districts.
County Administrator Caskey requested an executive session
concerning potential litigation requiring advice of counsel and (2) personnel
matters.
Vice-Chairman Cofer requested an executive session concerning the
purchase ofreal estate for public use.
County Attorney Crook reviewed the requests .for executive session
under the revised Freedom of Information Act so than they were properly put
into motion form and met the criteria required. Regarding the personnel
matters, County Attorney Crook asked if they were employees of the
County.
County Administrator Caskey replied one matter involved a
performance evaluation. and the other matter involved compensation.
County Attorney Crook advised these matters qualified under. the
Freedom of Information Act. under Section 2.1-344 A1. County Attorney
Crook advised Mr. Caskey's request concerning potential litigation requiring
advice of counsel qualified under. Section 2.1-344 A7 of the Freedom of
Information Act.
County Attorney Crook asked Vice-Chairman Cofer if his request
concerning the purchase of real estate for public use is that to discuss that
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property in public session could affect the negotiating strategy of acquiring
that property.
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Vice-Chairman Cofer stated he believed in this case that it would
affect the negotiating strategy of acquiring that property to discuss it in open
session as it involves acquisition only and not use.
County Attorney Crook advised Vice-Chairman.. Cofer's request
concerning the purchase of real. estate for public use does qualify under
Section 2.1-344 A3 of the Freedom of Information Act.
Supervisor Claud moved the Board enter executive session for the
reasons stated after taking aten-minute break. The motion was adopted
with Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the
motion (4-0}and no Supervisors voting against the motion.
Upon returning to open session, Supervisor Claud moved the Board
adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
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WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies- that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed or
considered by the Board. of Supervisors.
VOTE
AYES: Cofer, Bradby, Bradshaw and Claud
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NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: Spady
14