05-18-2000 Regular Meeting~~~.~ 1~ ,:-~10
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISOF S HELD THE EIGHTEEN DAY OF MAY IN THE YEAR
TWO THOUSAND
PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, Vice-Chairman
Robert C. Claud, Sr.
Stan D. Clark
Richard K. MacManus
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 Bradshaw called the meeting to order at 6:00 p.m. The
invocation was delivered. by Supervisor Clark.
The Pledge of Allegiance was conducted.
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Chairman. Bradshaw called for Special Presentations.
Supervisor Claud moved the Board adopt a Resolution to Recognize
the Windsor Athletic Association, as follows:
RESOLUTION TO RECOGNIZE THE
WINDSOR. ATHLETIC ASSOCIATION
WHEREAS, the Windsor .Athletic Association is an active
organization dedicated to the development of youth in Isle of Wight County;
and,
WHEREAS, the Windsor Athletic Association recently completed the
development and construction of the Windsor Youth Athletic Complex; and,
WHEREAS, the Windsor Youth Athletic Complex, containing five (5)
baseball/softball fields with the. attendant amenities, is the result of countless
hours of hard work by the. Windsor Athletic Association; and,
WHEREAS, the efforts of the Windsor Athletic Association will.
provide recreational opportunities for families in Isle of Wight County for
many years to come; and,.
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia desires to recognize the Windsor Athletic Association for its
efforts.
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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 recognizes
and congratulates the Windsor Athletic Association for its dedication to
youth .athletics as exemplified in the completion of the Windsor Youth
Athletic Complex.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark. and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion,
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Chairman Bradshaw indicated the following Consent Agenda included
Items I, A through D, and asked if there were any items for removal:
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A. Resolution to Accept and Appropriate $25,000 From the
Commonwealth for the Flood Reclamation Housing Project
Planning Grant.
B. Resolution to Accept and Appropriate $585,247 From the
Federal Government for School Programs
C. Delinquent Real Estate Tax Collection Monthly Report
D. April 2~, 2000 Regular Meeting Minutes
Supervisor Bradby moved the Board adopt all items of the Consent
Agenda. The motion was adopted with Supers°isors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors. voting against the motion.
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Chairman Bradsha~~~ called for Transportation Matters.
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Jonathan W. Hartley, Director of Planning-and .Zoning, noted receipt
of a letter from the VDOT Resident Engineer dated May 9, 2000 regarding
.Longview Drive (Route 602). 1-Ie advised that VUO"I' had performed a
traffic engineering investigation to determine the. need for adjustment of the
existing unposted 55 mph speed zone and responded that based on the 85%
speed recorded, VDOT does not recommend the speed zone on this roadway
be reduced at this time. He noted that VI~U"I' has advised that it will be
installing a sign advising. motorists of a 35 mph curve.
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Supervisor MacManus requested the Director of Planning and Zoning
to forward copies of the correspondence from the VDOT Resident Engineer
to any citizen who has expressed a concern in this regard.
Mr. Hartley noted receipt of a letter from the VDOT Resident
Engineer .dated April 26, 2000 regarding Raynor Road (Route 681) and
advising that the road has been repaired.
Supervisor MacManus requested the Director of Planning and Zoning
to forward copies of the correspondence from the VDOT Resident Engineer
to any citizen who has expressed a concern in this regard.
Supervisor Bradby inquired as to the status of the installation of
reduced speed limit signs on Whispering Pines Trail.
Mr. Hartley advised Supervisor Bradby that. VDOT has completed its
speed. study which called for a reduced speed limit along this roadway and
that he would contact VDOT to determine when the signs. would be
installed.
Pat Clark of Twin Hill Lane, representing the Isle of Wight Citizens
Association, requested the installation of a stop light at the intersection of
Route 258 and New Towne Haven Lane.
Chairman Bradshaw suggested Mr. Clark make a formal request in
writing :from the Isle of .Wight Citizens Association and submit it to the
Director of Planning and Zoning for his submittal to VDOT.
Supervisor Clark moved the Board accept the formal request from the
Isle of Wight Citizens Association and direct staff to contact the Resident
Engineer to determine if such a light can be installed at the intersection. of
Route 258 and New Towne Haven Lane. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
Michael Uzzell reiterated his request for school bus stop ahead caution
signs at various locations throughout the County.
Chairman Bradshaw moved the Board direct the Director of Planning
and Zoning meet with Mr. Uzzell and determine if there are specific areas of
concern with .regard to school bus stop signs and Mr. Hartley is to forward
these concerns on to VDOT. The motion was adopted with Supervisors
MacManus, Bradby,. Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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Chairman Bradshaw called for Citizens Comments.
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Sharon Springfield, resident of Ashby Subdivision, .spoke in
opposition to the application submitted to the Department of Planning and
Zoning for multi-family housing units and strip shopping center along Raute
17 (Carrollton Cove). She expressed concerns with damaging impacts to the
existing Ashby Subdivision residences; compression of residents into a
small area; undesirable activities that will spill over into Ashby Subdivision;
inadequate buffers between the proposed development, as well as Ashby
Subdivision; inadequate proffers; and, only one (1) entrance which would
create a dangerous intersection.
Bill Cook, resident of Ashby Subdivision, spoke in opposition to the
Carrollton Cove application. He requested the Board keep a close eye on the
application and noted a concern with high density.
Frank Taylor, resident. of Ashby Subdivision, spoke in opposition to
the Carrollton Cove application. He cited concerns with the change in the
rural character of the existing area; the presence of an existing strip
commercial area located across the strut; the need for additional schools to
support the families living in the apartments; and, the absence of a
recreational area.
Mr. Hartley advised that this applicatiail ~~~as received in his office last
week and his staff had issued the signs ~vllich are required to be posted. He
noted the matter is scheduled for public hearing by the Planning
Commission at its meeting on June 13, 2000 and he invitedpersonsunable
to attend the public hearing to submit to his office in ~~Titing their
comments. He advised the front portion of the property is currently zoned
commercial and the rear portion is zoned for single family residential.
Supervisor Clark requested tiir. Hartley bring any new developments
on the matter to the Baard's attention as soon as received. I-Ie further
requested that Mr. Hartley revie«• the 1998 rezoning for this property as he
was under the impression that the developer had given up the .commercial
zoning.
Chairman Bradsha.~R• requested that all .information provided to the
Planning Commission alto b capi~d to the Board.
Grp? Bl-~z.~v s~br;;i?.ed to t}:e Board architectural plans of a residence
he praY~~s;,:d to bild c, j Trump To~.:~n Road and advised the Board of a
rec-rit Yo~~~r hti lwd e~.st:rient;ed with the Departmc;nt of Inspections
r~~g,=.^:-'g ~~:- Cr~.:rY• ~s r~gir~n:;-rrt fbr stamped and c~:rtifi~;d house plans.
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=u d scuss this matter
.s,~ ,~,~'~ marts ~„~ >~ t; thy: time sc,quence of
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Jeff Schumaker, YMCA representative,. urged the Board to support the
earlier proposal of the YMCA to expand its existing. facility located at the
Smithfield. Branch of the Isle of Wight County Library.
Norma Holloway, senior citizen member of the YMCA, .spoke in
support of a pool at the facility
Jill McCurry spoke in support .noting the benefits of swim
competitions, swimming pool and children's programs
Bill Savino spoke in support noting the YMCA offers programs. that
benefit the entire community
Nicky Savino spoke in support noting the YMCA provides
recreational benefits for all residents; .provides social exposure;. and,
rehabilitation aspects.
Herb DeGroft, representing the Isle of Wight Substance Abuse
Advisory Council, addressed the Board regarding his support of four (4)
additional deputies in the Sheriff s Department.
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Chairman Bradshaw .called for the Community Development report.
Mr. Hartley presented the Planning Commission's proposed Capital
Improvements. Program (CIP) for FY2001-2005. Mr. Hartley requested the
Board schedule its public hearing for June 15, 2000.
Supervisor Claud moved the Board acknowledge .receipt of the
recommended CIP from the Planning Commission and set the .Board's.
public hearing far June 15, 2000. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Chairman Bradshaw requested the Director of Planning and Zoning
express. to the Planning Commission and staff the Board's appreciation. for
their work on the CIP.
Mr. Hartley distributed an update from the Virginia Municipal League
(VML) dated May 12, 2000 referencing building code changes proposed for
adoption by the Board of Housing and Community Development that would
undermine local government authority and threaten .the practice of
:coordinating .building code permits and zoning permits. He noted the Board
of Housing and Community Development would be meeting on May 22,
2000 in Richmond to consider this proposal which may result in a rewriting
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of portions of the Virginia Uniform Statewide Building Code and he
encouraged Board of Supervisors' members to take a position of concern.
Arthur E. Berkley, Superintendent of Inspections, briefed .the Board on
the history of the issue.
Supervisor Claud moved the Board authorize staff to attend the
meeting of the Board of Housing and .Community Development scheduled
for May 22, 2000 in Richmond and express the Board's concerns with the
proposed changes. Supervisor MacManus further requested staff to report
back to the Board to determine if there is any action. the Board of
Supervisors should take regarding the process. The motion .was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
Regarding the Flood Reclamation CDBG Planning Grant project, Mr.
Hartley stated staff has negotiated a contract with K. W. Poore &
Associates. He noted the bids came back at $33,000 and the anticipated
grant funds are $25,000 and he would encourage the Board to authorize the
County Administrator to execute the contact and appropriate $8,000 from
the contingency fund.
Supervisor Bradby moved the Board authorize .the County
Administrator to execute the contract and appropriate $8,000 from the
contingency fund. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
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At 7:00 p.m., Supervisor MacManus moved the Board amend the
regular order of the agenda to conduct the public hearings.. The motion was
adopted unanimously (5-0).
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Chairman Bradshaw called for a public hearing on the following:
A. 2000-2001 Isle of Wight County Operating Budget
Anne F. Sev`rard, Director of Budget and Finance, stated the. Budget
has been properly advertised for public hearing in the amount of
$54,600,727 with the current tax rates remaining unchanged except for the
reduction from $.91 to $.50 for the Farrn .Machinery Tax and the
implementation of a cellular telephone tax in the amount of 10% of the
monthly gross charge to the consumers not to exceed $3.00 per month.
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Chairman Bradshaw called for persons to speak in favor of ar in
opposition of the Budget.
Michael Hellman, representing the Smithfield Ramp of Dreams,
presented a petition containing 1,000 signatures in support of a skateboard
facility.
Grace .Keen, Chairperson of the Isle of Wight .Beautification
Committee, addressed the Board concerning the proposed Beautification
budget. She requested an additional $13,200 to continue beautification
efforts in the County. She specifically requested $1,500 for beautification
efforts at Bartlett's corner; $1,000 for a box planting at Benns Church
triangle; $350 for the purchase of flowers to go around the .four (4) small
entrance signs to the County; and $ l ,200 for beautification efforts into the
Towne of Windsor and Carrsville areas. She presented a proposal for a
dedication for the World War II veterans to be located at the James River
Bridge. containing a cement foundation with three (3) flag. poles and
appropriate lighting for an approximate cost of $7,700.
Bill Harrell., Director of the Court Services Unit for Juveniles and.
Domestic Relations Court, requested $2,500 be included in the .Budget to
provide a custom designed workstation. for the Secretary.
Thomas Fnderson requested up to $4,2.00 for 50 to 60 cots for the
shelters at Windsor and Smithfield High Schools.
Dr. James Key, Pastor of Little Zion Baptist .Church, and Reverend
Terrell, Executive Director of IN-AGAPE Family Life, requested the Board
appropriate $10,000 to pilot a "Stay Up While You Are Out" Program at two
(2) locations in the County.
Robin. Land expressed her support of the "Stay Up While You Are
Out" Program.
Rosa Turner expressed her support of the "Stay Up While You Are
Out" Program.
Julia Brooks expressed her support of the "Stay Up While You Are
Out" Program.
Sheriff Phelps addressed the Board concerning his proposed budget.
He requested- five (5) additional deputy positions, two (2) additional
dispatchers and one (1) office. clerk. He further requested additional funds
for pagers for his law enforcement personnel in his equipment line item..
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
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Supervisor Claud moved the Board set June 15, 2000 for approval of
the Budget and that a work session be scheduled for the conclusion of the
June 1, 2000 regular Board meeting to discuss the proposed Operating
Budget, the Capital. Improvements Plan and the Capital Budget. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
Chairman Bradshaw moved the Board direct staff to inquire of the
School Board's recommendation prior to the budget .work session on Dr.
James Key's proposal for the "Stay Up While You Are Out" Program at two
(2) locations in the County.. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
B. An Ordinance to Amend the Isle of Wight County .Zoning
Ordinance to Add the U.S. Army Corps of Engineers Flood
Study of the Blackwater River Dated February 2000 Under Part
3 -Flood Plain Management (FFM) District Section 4301(a)(1)
Mr. Hartley briefed the Board on the study conducted by the Corps of
Engineers -which established new elevations that the 100 year flood plain
encompasses. He advised the Planning Commission held its public hearing
on the matter at its meeting on April 1 1, 2000 and recommended the Board
adopt the Ordinance by unanimous vote,
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed ordinance.
Upon no one .appearing, Chairman Bradshaw closed the public hearing
and called for comments from the Board.
Supervisor Claud moved the Board table consideration until the
Board's June 1 S, 2000 meeting and request staff. to provide information
regarding the location and number of existing structures impacted by the new
boundary. .The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
C. A Public Hearing to Receive Comments From Citizens on the
Addition of Three (3) Private Roads. into the State System of
Secondary Roads. Addition to the Secondary System. will
Convert the Maintenance and Improvement of These Roads to
the Virginia Department of Transportation. These roads are:
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Yellow Rock Lane and Hideaway Lane
Gayle Way
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the public hearing.
Jody Easter of Hideaway Lane presented a deed dated 1996 where Mr.
Keusal sold land owned by him. to R. L. Magette.
Edmond Easter of Hideaway Lane expressed concern with. the lack of
improvement to Yellow Rock Lane.
Scotty Johnson requested the Board take appropriate action to take
Yellow Rock. Lane and Hideaway Lane into the State's system.
Linda Butler Johnson spoke on behalf of the County taking Yellow
Rock Lane into the State's system.
Barbara Johnson requested the Board take appropriate action to pave
Yellow Rock Lane and Hideaway Lane.
Thomas Finderson distributed information to the Board regarding the
history of Yellow Rock Lane.. He advised that if there is a significant
historical property at the end of a road then the State will give that road a
..priority and build it at State cost. He stated he is close to conclusively
proving that Colonel Parker's gravesite is located at the end of that road.
Dave. Sanders of Hideaway Lane expressed concern with 911 issues,
such as the inability of fire and police to respond to an emergency situation
due to the condition of the roadway.
Rowland Reynolds of Macklesfield expressed concern with the
deplorable condition of the roadway.
Carl Hill requested the Board's assistance with improving the
condition of Yellow Rock Lane.
Chairman Bradshaw called for citizens to speak regarding Gayle Way.
Jerry. Naber of Gayle Way presented the Board with photos of the
appearance of that roadway and its past history.
Donald Hassell of Gayle. Way expressed concern with dust, damage to
his car resulting from ruts and bumps in the roadway and the inability of
school buses to come down the road. He requested the road be taken into
the State system.
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Jim. Persolo of Gayle Way noted that deliveries could not be made to
his home as a result. of the condition of the roadway and requested the Board
take appropriate action to have the road taken into .the State system.
Robert Williams of Brewer's Farm Lane requested the Board take
appropriate action to take Gayle Way into the State system due to the
inadequate condition of the roadway..
Pat Clark of Twin Hill Lane supported tl~e Board taking appropriate
action to have Gayle Way taken into the State system. l-Ie noted. concern
with the inability of emergency vehicles to travel the roadway.
Keith Barrett of Gayle Way expressed concern with the condition of
Gayle Way. He requested Gayle Way be paved in its entirety.
Dan Stag. of Gayle Way offered to provide a drainage easement if
VDOT would take the roadway into the State system.
Bruce Spady noted his support of VDOT taking Gayle Way into the
State system.
Chairman Bradshaw closed the public hearing and called for
.comments from the Board.
Regarding the issue of speculative interest, County Attorney Crook
requested additional time to research the matter and make a report. to the
Board.
Supervisor Claud requested that staff review, in consultation with -the
County Attorney, any land that is not farmland that could fall into
speculative interest if it is not developed and if takes zoning for that to be
developed, is there some way that the County can require some kind of
payment at that time for the road improvements.
Supervisor Clark moved the Board direct the County Attorney to
review the definition of speculative interest for Yellow Rock Lane- and
Hideaway Lane and make a recommendation to the Board at its June 1, 2000
meeting and research the title to Yellow Rock Road and Hideaway Lane as
soon as possible. The. motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Supervisor Clark moved the Board direct. the .County Attorney to
perform speculative interest research on the feasibility of implementing a ten
(l0) year time limit to allow for -the phase out of speculative interest. The
County Attorney is to also review the property value on Yellow Rock Lane.
The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
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.Clark and Claud voting in favor of the motion (S-0) and no ,Supervisors
voting against the motion.
Supervisor Clark moved the Board direct staff to research and report
back to the Board on the number of undeveloped lots remaining. in the
Macklesfield development. The cul-de-sac issue should be addressed and
the Board .provided with .copies of the plat. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor
of the motion (S-0) and no Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
D. The application. of the C. M. Little Estate for a change in zoning
classification from Rural Agricultural Conservation to
Conditional Rural Residential approximately Z.S acres of land
located on the west side of Pons Road (Route 62S) south of
Mullet Drive (Route 684) and north of Mill Swamp Road (Route
621) in Hardy Magisterial .District. The purpose of the
application is to create a lot around an existing single-family
residence.
Chairman Bradshaw called. for citizens to speak in favor of or in
opposition to the application.
.Steve Little of Mill Swamp Road requested the Board approve the
application to allow him to pay off certain debts.
Chairman Bradshaw closed the public hearing .and called for
comments from the Board.
Supervisor Bradby moved the. Board approve the application of the C.
M. Little Estate.. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in ,favor of the motion (S-0) and
no Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
E. The application of Alice F. Owney, Elsie Stanley and Evelyn
Bryant for a change in zoning classification from RAC to Rural
Residential, approximately 4.8 acres of land locatedoffthe south
side of Mill Swamp Road (Route 626) east of Sullivan's Court
and across from Crook Lane in Hardy Magisterial District. The
..purpose of the application is .for asingle-family residential lot.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the application.
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Elsie K. Stanley of Mill Swamp Road requested the Board approve the
application to allow them to sell the property in order to pay the nursing bills
to allow her stepmother to remain in her father's home.
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Chairman Bradshaw .closed the public hearing and called for
comments from the Board,
Supervisor Bradby moved the Board approve the application of Alice
F. Owney, Elsie Stanley and Evelyn Bryant. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
F. .The application of Alice F. Owney, Elsie Stanley and Evelyn
Bryant for a change in zoning classification from RAC to Rural
Residential approximately 3.6~ acres of land. located on the
south side of Mill Swamp Road (Route 626) between Holly
Drive. and Crook Lane in Hardy Magisterial .District. The
purpose of the application is for asingle-family residential lot.
Chairman Bradshaw called for citizens to speak in favor. of or in
opposition to-the application.
Elsie K. Stanley requested the Board approve the application so that.
certain debts could be repaid to the bank.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Chairman Bradshaw noted that the County has an annexation
agreement with the To~~~n of Smithfield that stipulates any property located
within a mile radius of the Town of Smithfield would require the Town's
review. He suggested tabling the application until the Town has the
opportunity to review it.
Supervisor. MacManus moved the Board forward the application of
Alice. F. Owney, Elsie Stanley and Evelyn Br}~ant to the Town of Smithfield
for its comments. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, -Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
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Chairman Bradshaw called for a public hearing on the following:
G. The application of Crown Communications far a Conditional
Use Permit to construct a self supporting tower l46 feet in
height and install an equipment pad and shelter at the base of the
tower. The property is located on the south side of Carrsville
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Highway (Route 58) between Jenkins Mill Road (Route 615)
and Community House Drive (Route 1702) in Windsor
Magisterial District.
Chairman .Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Glenn Hampton, Attorney with McGuire,. Woods, .Battle & Booth,
reviewed the application with the Board and requested it be approved.
Supervisor MacManus questioned if the applicants had committed to
.the five (5) stipulations provided by the County Attorney.
County Attorney Crook stated the ,applicant has committed to all
stipulations .with the exception of #2, the removal of all tower fence footers,
underground cables and support buildings. He stated they have committed
to-the removal to a minimum depth of three (3) feet.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
:Supervisor Claud moved the Board approve-the application of Crown
Communications -withremoval of the structures to a minimum depth of three
(3) feet. The motion- was adopted with Supervisors MacManus, Bradby,
Bradshaw,. Clark and Claud voting in favor of the .motion (5-0) and no
Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:
H. HOME Investment ..Partnership Grant Program
Donald T. Robertson, Assistant to the County Administrator/Director
of Human Resources, stated the County is required to hold a public hearing
as the County is anticipating receiving its next allotment of funding.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the Program..
Upon no one. appearing, Chairman Bradshaw closed the public hearing
and called for comments .from the Board.
Mr. Robertson noted the Board hadfulfilled its requirement to hold a
public hearing on the matter and no further action is required by the Board.
He requested the Board advise staff if it has any specific projects it would
like staffto look at with regard to these funds.
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Supervisor Claud moved the Board .return to the regular order of the
agenda and that David Hardy be allowed to speak. at this time. The motion
was adopted unanimously (5-0).
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Chairman Bradshaw called for the County Administrator's report.
David Hardy, resident of the Hardy. District, addressed the Board.
concerning Bethel Church Lane, specifically .the speeding of motorists along
this. roadway.
Supervisor Claud moved the Board direct stat~t' to refer Mr. Hardy's
concerns to the VDOT Resident Engineer and that the Sheriff's Department
be requested to monitor traffic responsive to motorists speeding down this
roadway and running the stop sign. The motion `vas adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey presented a resolution for funding for
the County's Office on Youth for the Board's consideration.
Supervisor Clark moved the Board adopt the following resolution:
RESOLUTION TO AUTHORIZE SUBti1ISS10N OF A GRANT
APPLICATION AND TO ACCEPT AND APPROPRIATE GRANT
FUNDS FROM THE COMMONWEALTH OF VIRGINIA
DEPARTMENT OF JUVENILE JUSTICE SERVICES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia is approving the de~relopment and submission of an application for
a Delinquency Prevention and Youth Development .Act grant to the
Commonwealth of Virginia Department of Juvenile Justice Services; and,
WHEREAS, funds in the amount of riventy five thousand dollars
($25,000) or as much as shall be received from the Commonwealth of
Virginia Department of Juvenile Justice Services need to be appropriated. to
the appropriate line item in the 2000-2001 budget of the County of Isle of
Wight.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Baird of Supervisors of the County of Isle of Wight, Virginia that funds
in the amount of twenty five thousand dollars ($25,000) or as much as shall
be received from the Commonwealth of Virginia Department of Juvenile
Justice Services be appropriated to the appropriate .line item in the 2000-
2001 budget of the County of Isle of Wight.
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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 for this grant and to do all things
necessary to give this resolution effect.
The .motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud .voting in .favor of the motion (5-0) .and no
Supervisors voting against the motion.
County Administrator Caskey presented the FY2001 Virginia Juvenile
Community Crime Control Act which requires County authorization that the
Board accept the Plan and intend to contribute and participate in the Plan
process.
Supervisor Claud moved the Board adopt the VJCCCA Plan and
authorize the County Administrator to sign the VJCCCA Certification.. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and' Claud voting in favor of the motion (5-0), and no Supervisors voting
against the motion.
In absence of the Director of Emergency Management, the County
.Administrator informed the Board that the Director had no new
developments to report at this time.
.County Administrator Caskey requested the Board appropriate funding
in an amount not to exceed $2,500 from the contingency fund for the
County's annual employee picnic to be held on Saturday, June 3, 2000.
.Supervisor Clark moved the Board appropriate funding in an amount
not to exceed $2,500 from the contingency fund balance for the County
employee picnic. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
County Administrator Caskey distributed a copy of a letter from the
Windsor Town Mayor addressed to the Board in care of Supervisor. Claud.
relating to the issues of the completion of the Windsor sewer project.
Supervisor Claud moved the Board direct the .Director of Public
Utilities, the. County Administrator and himself to meet with the Windsor
Town Manager and Mayor to discuss the issues related to the sewer,project.
The .motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
.Clark and Claud voting in favor. of the motion (5-0) and no Supervisors
voting against the motion.
County Administrator Caskey distributed a letter received by fax in his
office this .date from Attorney. Fred Quayle regarding the. issue of the Red
.Oaks Mobile Home .Park water system.
1
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County Attorney Crook notified the Board of ongoing discussions with
Attorney Fred Quayle which may result in alternatives being submitted for
the. Board's consideration.
County Administrator Caskey notified the Board of a Memorial Day
service being held in Virginia Beach ...should any Board member have an
interest in attending.
County Administrator Caskey invited the Board members to attend an
informal reception for visitors from the Isle of Wight, England tomorrow
(Friday) in the Board Room at 3:00 p.m.
Patrick J. Small, Director of Economic Development, formally
introduced Brook Hardin, new employee within the Economic Development
Department, to the Board.
//
Chairman Bradshaw called for Old Business.
Supervisor MacManus inquired about the status of the paving efforts
undertaken by the County in the Town of Windsor.
Supervisor Claud noted. the matter would be discussed during the
meeting with Windsor officials regarding the Windsor sewer project.
Regarding disclosure issues, Supervisor MacManus moved the Board
reference and utilize the text dealing with disclosure and conflict of interest
within Senate Bill 655. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor. of the
motion (5-0) and no Supervisors voting against the motion.
Supervisor MacManus stated Charter Communications indicated that
the rates for the County would be increased in June and the County Attorney
advised that if the location where Charter Communications is headquartered
(Suffolk) has lower rates than the County, then Charter Communications
could not raise its rates. He noted an article appeared in The Virginian Pilot
which noted Suffolk's. rates are $24.91 for 35 channels and Charter
Communications was suggesting a rate in the County of $28.96 which
presents a conflict in the number of channels and price.
Supervisor MacManus moved. the Board direct the County Attorney to
follow-up with Charter Communications to ensure that citizens are being
fairly charged as part of its overall rate structure. The motion. was adopted
with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
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Chairman Bradshaw called for New Business.
Supervisor MacManus stated the Planning Commission recently
experienced two (2) meetings in which there was a difficulty in establishing
a quorum and these meetings have traditionally been held at 2:00 p.m.
during the .day. He suggested that these meetings be held at 6:00 p.m. at
night because most. of the members are having difficulty in meeting at 2:00
p.m. due: to their occupations and he also does not believe a 2:00 p.m.
meeting is conducive to the citizens of the County for involvement in the
Planning Commission process.
Supervisor MacManus moved the Board direct the Director of
Planning and Zoning to discuss with the Planning Commission members the
possibility of moving the Planning Commission meetings to evening hours.
The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the .motion (5-0) and no Supervisors
voting against the motion.
Supervisor MacManus noted there was a recent ruling by the Supreme
Court on clear cutting in York County and ways to handle that.
Regarding a recent ruling by the Supreme Court on clear .cutting in
York County, Supervisor MacManus moved the Board direct staff to
forward the issues to the Planning Commission for its consideration and
recommendation on how the County can_ follow suit on clear cutting of
property after review of .issues York County had in the Supreme Court
ruling. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the .motion (5-0) and no
Supervi ors voting against the motion.
.County Administrator Caskey acknowledged a National Safe Boating
Week Proclamation for the Board's consideration which he recommends the
Board adopt a motion .affirming the Chairman's. signature on that
.Proclamation.
Supervisor Clark moved the Board affirm the Chairman's signature on
the Proclamation. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
//
Chairman Bradshaw .called for Appointments.
17
Chairman Bradshaw moved the Board accept the resignation of Mac
Cofer from the SPSA Board, effective August 1, 2000. :The motion was
adopted unanimously (5-0).
Supervisor Bradby moved the Board appoint Judy Begland, replacing
Phyllis B. Bloxom, on the Planning Commission. The motion was adopted
unanimously (5-0).
Supervisor MacManus moved the Board appoint Bridgett Fields to the
Events Committee. The motion was adopted unanimously (5-0),
Supervisor MacManus moved the Board reappoint James W. Hall to
the Paul D. Camp Community College Board. The motion was adopted
unanimously (5-0).
Supervisor Claud moved the Board reappoint Joyce Neighbours to the
Walter Cecil Rawls Regional Library Board of .Trustees. The motion was
adopted unanimously (5-0).
Supervisor Clark moved the Board reappoint Roland Lewis to the
Transportation Safety Committee. The motion was adopted unanimously (5-
0).
//
Chairman Bradshaw called for the County Attorney's report.
County Attorney .Crook distributed a copy of an amendment to the
County's Sewer Ordinance to follow the Water Ordinance and requested the
Board authorize him to advertise it for public hearing by the. Board.
Supervisor MacManus moved the Board authorize the County
Attorney to advertise the proposed Ordinance for public hearing. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and.
Claud voting in favor of the motion (S-0) and no Supervisors voting against
the motion.
County Attorney Crook presented a Resolution far Waiver of New
Account Fees for. Windsor Manor Mobile Home Park for. the Board's
consideration. He stated the owner is proposing to collect the applications
and deposits for payment to the County at one (1) time and, in return, the
County is granting the owner a waiver of the new account fee of $20 per
unit.
Supervisor Claud requested that the resolution be redrafted to include
reference to the agreement between the County and the Town of Windsor
regarding its time of payment of the fees.
18
County Attorney Crook requested the Board authorize him to purchase
the binders for the County Code Books in the amount. of $1,290.
Supervisor MacManus moved the. Board authorize the County
Attorney to purchase the binders for the Code in the amount of $1,290 from
the. contingency funds. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the
motion (5-0) .and no Supervisors voting against the motion.
County Attorney Crook advised the Board. that there would be no
revenues provided by the proposed cellular telephone tax for four_(4) months.
afl`er the Board approves the Tax Levy Ordinance under the State statute.
County Attorney Crook presented a request by the Tidewater Soaring
Society for a lease of the dumpster site at the airfield in Orbit..
Supervisor Claud moved the Board direct the County Attorney to
prepare a lease for the Board's consideration for -the dumpster site at the
airfield in Orbit. The. motion. was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion. .
County Attorney Crook notified the Board that he has prepared the
landfill road agreement and forwarded it to the Director of Public Utilities.
ri
County Attorney Crook requested a closed session under Section 2.1-
344 A7 of the Freedom. of Information Act concerning two (2) matters
pertaining to actual and/or potential litigation and under Section 2.1-344 A3
concerning a matter of contract .negotiations requiring advice of counsel.
County Administrator Caskey requested a closed session under
Section 2, l -344 A 1 of the Freedom of Information Act concerning a
personnel matter.
Mr. Small requested a closed session under Section 2.1-344 AS of the
Freedom. of Information Act .concerning four (4) matters involving
negotiations for prospective industry siting or expansion.
Supervisor Claud moved the Board enter closed session for the reasons
stated.... The motion was adopted with Supervisors MacManus, Bradby,..
Bradshaw, Clark. and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Upon returning to open session, Supervisor Claud moved the Board
adopt the. following resolution:
19
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors .has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
n
WHEREAS, 2.1-344.IA of the Code of Virginia requires a certification
by this Board of Supervisors that such closed 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 closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: (MacManus, Bradby, Bradshaw, Clark and Claud)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT .DURING MEETING: 0
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor MacManus moved the Board approve the contract with
Mosely and McClintock on the spatial needs assessment in the amount of
$54,500. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
1
Supervisor MacManus moved the Board autharize the Caunty
Attorney and County Administrator to review and submit an application to
the Governor's Opportunity Fund for Project Grubb and Ellis, upon approval
by the County Attorney. The motion was adopted .with Supervisors
MacManus, Bradby, Bradshaw,. Clark and Claud voting in favar of the
motion (5-0) and no Supervisors voting against the motion.
Supervisor MacManus moved the Board authorize the County.
Attorney and County Administrator to review and submit an application to
the Governor's Opportunity Fund for the prospect considering the Norfolk
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Southern property near Windsor, upon approval by the County Attorney.
The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the .motion (5-0) and no Supervisors
voting against the motion.
Supervisor MacManus movedthe Board. approve the access road, for
the prospect considering the Norfolk Southern property near Windsor. ,The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud .voting in favor of the motion (5-0) and no Supervisors voting.
against the motion,
Supervisor MacManus moved the Board approve the access rail for the
prospect considering the Norfolk Southern property near .Windsor. The
motion. was .adopted with Supervisors MacManus, Bradby, Bradshaw, Clark.
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
//
Supervisor Bradby moved .the Board adjourn. The motion was
adopted. unanimously (S-0).
Ph' A. Bradshaw, Chairman
W. Dou s skey, Cler
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