08-17-2000 Regular Meetingn.
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF AUGUST 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 Casket', County Administrator
Donald T. Robertson, Assistant
County Administrator/Director of ' 'i
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 Claud.
The Pledge of Allegiance was conducted
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Chairman Bradshaw called for Special Presentations.
Debra Weir, Operations Supervisor, Department of Parks and
Recreation, presented to the Board the following winners of the. First Annual
Miss Isle of Wight County Fair Pageant: Wee Miss - Coriann Lister, Little
Miss -Taylor Presson, Junior Miss -Ashley Eliedge, Teen- Miss -Laura
Beth Askey. and Miss Isle .of Wight County Fair. - Melissa Bangley. She
noted the pageant was directed by Rhonda Demsko and Kelly Bowen.
Melissa Bangley addressed the Board on the subject of helping the mentally
challenged. Laura Beth Askey addressed the Board on seatbelt safety.
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Chairman Bradshaw indicated the following. Consent Agenda included
Items 2, A through I, and asked if there were any items for removal:
A. Resolution to Accept and Appropriate $508,734 From- the State
and Federal. Governments for Various. Grant Programs
B. Resolution to Appropriate $33,451 From the Unappropriated
Fund Balance of the General Fund. for Use as -Match Funds to
the 1999-00 VDOT 50-50 Revenue Sharing Transportation
Program
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C. Resolution to Appropriate $29,690 From the Unappropriated
Fund Balance of the General Fund for Comprehensive Services
Act Expenditures
D. Reissuance of VPDES Permit to C&P Water Company for
Brewer's Creek Water. System
E. Mosquito Control
F. Fair Housing Resolution, Isle of Wight County, Virginia
G. Resolution of the Board of Supervisors~of Isle of Wight County
Requesting Addition of Certain Roads in Section 3, 3A and 4 of
Gatling Pointe South- Subdivision into the .Secondary System. of
the State Highways
H. Delinquent Real Estate Tax Collection Monthly Report
I. July 20, 2000 Regular Meeting Minutes
Supervisor Claud moved the Board adopt all items of the Consent
Agenda. 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 Transportation Matters.
MacFarland Neblett, Resident Engineer, VDOT, addressed the Board.
on the outstanding road projects in the County.
Supervisor Claud thanked Mr. Neblett .for his assistance in having
Maple Lane in Windsor included in the Community Development Block
Grant.
Supervisor Clark noted that he has .received numerous calls from
residents of the.Newport District requesting a traffic light at Route 258/32
and New Towne Haven Lane (Route 711).
Mr. Neblett advised he is in the process of scheduling a meeting with
the school administration to further discuss the matter and he would pass
Supervisor's Clark request on to the VDOT District Administrator,
Supervisor. Clark moved that the Board direct staff to write a letter to
the Commonwealth Transportation Board and the VDOT Resident Engineer
to restate the County's position on its .request for a traffic light at Route
258/32 and New Towne Haven Lane (Route 711). The letter should indicate
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concerns on safety with regard to traffic and staff should defer sending such
letter pending the outcome of the upcoming meeting between VDOT and the
.School Board. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clarke and' Claud voting in favor of the motion (S-0) and
no Supervisors voting against the motion.
Supervisor Bradby inquired about the status on the striping of Raynor
Road.
Mr. Neblett advised a tragic count is ~ being .performed and he would
forward the results to the Board upon its completion.
Grace Keen inquired about the status of the James River Bridge
emergency exits, as well as the possibility of VDOT relocating mailboxes on
Route 258 to allow residents safer access.
Regarding the issue of exits on the James River Bridge, Mr. Hartley
advised that he has not yet received a response from the City of Newport
News on the request. Regarding the issue of mailboxes, Chairman
Bradshaw .requested Mr. Neblett meet with Mrs, Keen to visit the sites
where she has concerns. Chairman Bradshaw directed that these two (2)
issues be placed on the VDOT monthly project list.
Henry Bell addressed the Board on the issue of center striping Raynor
Road.
Mr. Neblett advised that the roadway does. not meet VDOT's
minimum average traffic count for center striping.
Jonathan W. Hartley, Director of Planning and Zoning, presented the
priority projects for improvements on Route 258 between Smithfield and
Franklin.
Following ..discussion by the Board, Mr. Hartley summarized the
Board's priority as being the .turn lanes at the intersections where the
greatest incidence of accidents have occurred: on the Route 258 corridor.
Supervisor Claud moved that Mr. Neblett review the accident data on
the. intersections. shown on the map provided to the Board and return to the
Board's September 7, 2000 meeting with estimated costs for intersection
improvements: so that the Board can make a determination of its priorities.
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.
Supervisor Claud further moved that $2,000,000 be used towards
intersection improvements on Route .258. The motion was .adopted. with
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Supervisors Ma~Manus, Bradby, Bradshaw, Clark and Claud voting. in favor
of the motion (5-0) and no Supervisors. voting against the motion.
Mr. Hartley advised the County has. received 'an allocation of VDOT
Revenue Sharing for Fiscal Year 2000-2001 in the amount of $49b,700.
Supervisor Clark moved the Board acknowledge receipt of VDOT's
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approval of the Revenue .Sharing allocation and instruct staff to advise
VDOT of the County's desire to be billed for projects utilizing revenue
sharing 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.
Mr. Hartley noted receipt of the following transportation issues:
1.) Letter dated August 7, 2000 from the Resident Engineer
advising that striping of Days Point Lane is not recommended.
Supervisor Claud requested Mr. Hartley place this item on the Board's
agenda and that it be further addressed with the Commonwealth
Transportation Board. Chairman Bradshaw requested. Mr. Hartley include
this issue on the VDOT monthly project list..
2.) Letter dated August 1, 2000 from the District Administrator
advising of the decision on the Hampton .Roads Third Crossing.
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.Chairman Bradshaw called for Citizens Comments.
Ed Easter of Hideway Lane thanked the Board for its efforts regarding.
this roadway.
Sam Ewell of Harbor Ridge addressed the issues of parity on
reassessments, the cellular telephone tax and his request that. the tax be
reconsidered by the Board.
Suzanne Long of Carisbrooke addressed the Board on the need .for
mosquito control in that. area.
Mike Alexander expressed his support of Mr. Hartley's request for
authorization to solicit engineering services for: review of .development
proposals -and inspection of site .improvements. He suggested. adding best
management- practices to the contract.
Betty Ricks of Great .Springs Road addressed the Board concerning
mosquito control in her area.
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Chairman Bradshaw called for the Community Development report.
Mr. Hartley addressed the Board concerning the County's compliance
with the Chesapeake .Bay Preservation -Act .for the update of the
Comprehensive Plan.
At 7:00 p.m., Supervisor Bradby moved the Board amend the regular
order of the agenda in order to conduct the public hearings.. The motion was
adopted unanimously (5-0). .
Chairman Bradshaw called for a public hearing on the following:
A. FY2000-O1 Capital Budget Public Hearing
Anne F. Seward, Director of Budget and Finance, presented the
FY2000-2001 Capital Budget as adjusted for certain carryover projects. she
noted it also reflects the. first year of the FY2001 /2005 CIP. She stated two
(2) projects have been submitted outside of the CIP process. She noted
these to be the YMCA request for. $50,000 annually for ten (10) years and
the Administrative .Complex .roof replacement in the amount of $70,000.
She stated the total CapitalBudget is in the amount of $7,606,771 which has
been adjusted to reflect a reduction for the recent appropriationthe Board
made to the schools for the P.D. Pruden Center.
Chairman Bradshaw called for citizens to speak in favor of or in
.opposition to the proposed Capital Budget.
Terry Chong spoke in favor of the proposed budget for Parks and
Recreation for a skate park.
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Chairman .Bradshaw closed. the public hearing and called for
comments from the Board.
County Administrator Caskey stated he has received a request from
the Victim Witness Office. concerning utilization of adjoining offices. In
this regard,. Mr. Caskey distributed copies of projected cost estimates
provided him. by the Superintendent of Building & Grounds to accomplish
such work.
Supervisor Claud moved the Board adopt .the FY2000-01 Capital
Budget with the following .amendments: Under Economic Development,
GIS utility system software, delete $100,000 and add $95,000 to the Public
Works Building Improvements, for. a total budget of $7,601,771. 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:
B. The application of Otis C. Cannon, Jr. for a change in zoning
classification from RAC to Conditional Suburban Estate of
approximately 3 acres of land. Said property is located off the
west sideof Cedar Grove Road (Route. 661) west of Cannon. ,
Drive on Creer Creek in Newport Magisterial District. The
purpose of the application is to rezone an existing lot to sell. for
single family residential use,
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Otis G Cannon, Jr. requested a conditional rezoning for the purpose of
selling the lot outside of the family. He stated because of the deaths. of his
family members he will not be moving back to the Carrollton area. He noted
the lot contains certain conditions that should a structure be built it can be
elevated no less than ten (10) feet above the average mean sea level and any
structure built on this lot must comply with the .Chesapeake Bay
Preservation .Area Ordinance. He stated he currently has two (2) individuals
interested in purchasing the property that are aware of the conditions
imposed on the lot.
Chairman Bradshaw closed the public hearing .and called for
comments from the Board.
Supervisor Clark inquired if the Board could require a 100 foot buffer
on this lot.
Mr. Hartley advised this lot would be entitled to the reduction in
buffer yard .down to 50 feet because it was platted prior to the County's
ordinance. He noted the Board could place a condition on the property or
that a proffer be agreed to that the lot comply with a 100 foot buffer, but he
did not believe .this lot could actually comply with a 100 foot buffer. He
stated family transfers are created, but. not always conveyed to family
members. He further stated, regarding the RPA and flood plain issues, to
not rezone the property would mean the .owner could not convey it outside of
the family, but it is a constrained lot, both by floodplain regulations and the
Chesapeake Bay Preservation Area Ordinance.. He noted this lot could not
be created. by today's standards.
Supervisor Claud noted he had visited the site and easements
accessing multiple lots cause him some concern. He noted that whoever
owns the adjoining lot could elect to purchase the property.
Supervisor MacManus stated the Board would not be doing a potential...
.buyer due justice if he/she purchased the lot with the intent of building a
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house that has to be built ten. (10) feet above the ground level in thin area.
due to potential flooding.
Supervisor MacManus moved the Board deny the application of Otis
C. Cannon, Jr., as recommended by the Planning Commission. 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
application:
C. The application of K. George Kantsios to amend conditions of
Conditional Light Industrial zoning of 2.715 acres of land. Said
property is located at -15221 Carrollton Boulevard, Carrollton,
which is on the east side of Carrollton Boulevard in Newport
Magisterial District. The amendment will -allow additional
business uses as conditioned.
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed application.
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William H. Rddick, III, Attorney representing he applicant,. requested
the Kantsios be permitted to have non-retail uses. He stated Mr. Kantsios is
not. giving up his light industrial uses, but he is proffering that. these uses
will never occur unless he were to go through with his original plans and
build a new structure. Attorney Riddick stated Mr. Kantsios is also
proffering that within eighteen (18) months he will connect to the new sewer
line.
Chairman Bradshaw closed the public hearing and called for
comments by the Board.
Supervisor Clark moved the Board approve the application of K.
George Kantsios with amended conditions proffered to address the Planning
Commission's concerns as noted in the July 12, 2000 letter by Mr. Kantsios.
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:
D. The application of William E. Laine, Jr. and Elliott G. Laine .for
a change. in zoning classification from RAC to Rural Residential
of approximately 3 acres of land. Said property is located at
18402 Orbit Road, Windsor, on the south side of Orbit Road in
Newport Magisterial District. The purpose of the application. is
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to rezone the existing house site to sell for single family
residential use.
Chairman Bradshaw called for persons to speak. in favor of or in
opposition to the proposed application.
William H. Riddick, III, Attorney, stated in the. absence of William. E.
Laine, Jr., he would speak on his behalf. He stated this is the family
homeplace and both applicants (heirs) intend to .retain the farm, but they
have arranged to sell. the home to the County's new extension agent.
Chairman Bradshaw closed the public.- .hearing .and called for
comments from the Board.
Supervisor Claud moved the Board approve the application of William
E. Laine, Jr. and Elliott G. Laine, as recommended unanimously by the
Planning Commission.. 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:
E. Flood Reclamation Community Development Block Grant
(CDBG) Planning Grant Project
.Chairman .Bradshaw called for persons to speak in favor of or in
opposition to the proposed grant.
Mr. Hartley stated the grant has been available to anyone interested in
obtaining a copy for their perusal. He distributed asign-up sheet as required
by the Community Development Block Grant Program.
K. W. Poore, K. W. Poore & Associates, stated this. is an urgent needs
application based on disaster relief and the maximum amount of funds that
can be obtained under this program is $700,000. He stated there is an
auxiliary program called the indoor plumbing program that financial
assistance is-also being sought and the application should .include a request
from the County to the funding agency for approximately $200,000 of
indoor plumbing funds. He distributed two. (2) sets of maps to the Board
that will be submitted with the application and identify where the housing is
located. He stated the proposed budget includes-..participation by the County
in three (3) items and the alternate budget reduces this level of participation
to a different figure, depending on what the Board desires. He stated
approximately $14,000 is earmarked from the. fund to help reduce the
County's financial obligation in participating in the FEMA program,. but the
remaining $46,000 is an obligation of the County required by FEMA at the
local level. He stated included in-the budget is $5,000 to help underwrite
the administrative costs associated with carrying the project out over .a two
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(2) year period. He .stated regarding the water .improvements in the Zuni
community, this was a low .priority by the Advisory Committee that
recognizes that while the system needs to be cleaned and brought back on
line, however, any further improvements should be borne by the County. He
stated if the County chooses not to participate, a budget has been developed
whereby the County's participation amounts to that portion of the FEMA
grant with no money in the water system or a position somewhere in-
between. He stated a resolution is included in the package which obligates
the County for that $3l 1,000 which would require modification should the
County elect to reduce that amount.
Otto. V~tegman of Walters stated he was a member of the Citizen
Advisory Committee working on the grant and he was also affected by the
flood.. He stated he supports the recommendations of the Committee and he
feels. this is .the best .program for the County as it makes the best use of
dollars available to help the citizens. He stated residents of Zuni have
expressed that their water in Zuni is good and he does feel that a fair and
equitable decision was reached and he recommends the Board favorably
consider the matter.
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Thomas Finderson of .the Newport Election District stated the
recommendations of the ..Committee were for housing only and no
recommendation was given for the water system. He stated the three (3)
priorities included the owner-occupied units, the substantial reconstruction
and the housing. He stated he spoke. with several individuals in Zuni who
advised that there was nothing wrong with their water.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Chairman Bradshaw inquired from Mr. Hartley if the task force
recommended any improvements to the water system.
Mr. Hartley stated. the Committee .recommended only .the water
improvements in the CDBG column in the budget. He stated if the budget
contained in the agenda is $311,0.00 included for the water system, this
means that the County, with this grant program, is obligating the County to
do that work on the water system.
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Mr. Poore stated -this is an urgent need application and, in all
probability, there is almost automatic funding. He stated both options will
get the County funded, but under .the normal competitive application process
for these funds, the County would likely not get funded if it cut out the
water. .
Supervisor MacManus moved the Board approve the alternate- budget
with the $24,700. CDBG under the water improvement, exclude the
$311,220 under the water improvement and reflect in the grant the funds
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already expended on the Zuni water system since the flood.. 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 Claud moved the .Board adopt the Resolution Authorizing
the Preparation and Filing of an Urgent Needs Application for Community
Improvement Grant Funds Through the Virginia Small Cities Community
Development Block Grant Program. 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 Claud moved the Board continue with the regular order of
the agenda. The motion was adopted unanimously (5-0).
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Mr. Hartley presented a request for authorization to solicit engineering
services for review development proposals and inspection of site
improvements.
Chairman Bradshaw noted that Grace Keen, on behalf of the Isle of
Wight Citizens Association, has submitted a letter requesting additional
support in the area of professional services.
County Attorney Crook advised that the Zoning .Ordinance will need
to be amended to provide that .the applicant/developer will be responsible for
paying. for engineering services used by the County in reviewing their
applications.
Supervisor Clark moved the Board authorize staff to solicit the
services of a qualified engineering firm for the functions and, in the interim,
until such services are established contractually, staff is authorized to utilize
the services of an engineering firm currently under contract with the County
on the basis that the .fees will be passed on to the applicant/developer. .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 authorize the County
Attorney to prepare the appropriate amendments to the County's ordinance
to require applicants. to pay for such engineering services.. 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.
Mr. Hartley .presented for the Board's consideration an application of
New Jones Grove Baptist Church for an exception to the Chesapeake Bay
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Preservation Area Ordinance to allow the construction of a church addition
and parking lot in the required fifty foot (50') Resource Protection Area
buffer.
Supervisor MacManus noted a concern that the dumpster site is
located within twenty (20) feet of the wetlands boundary. He inquired if
there was a possibility for relocation of the present dumpster site to a more.
appropriate location.
Bob Surry, Civil Engineer,, stated the dumpster could be relocated to
the other side of the parking lot to minimize any runoff to the lake itself.
Supervisor Claud noted the church has been at this location for. 100
years. He noted the church has limited space and everything possible has
been done to meet all the requirements of the Chesapeake Bay Preservation
Area Ordinance and_the County. He stated to deny the request would place
a hardship on the congregation which renovated the church several years
ago,
Supervisor Claud moved the Board approve the application of New
Jones Grove Baptist Church to include the relocation of the dumpster to a
more acceptable area away from the Resource Protection Area. 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.
Mr. Hartley presented information dated August 9, 2000 on the
activities of the Virginia Coalition of High Growth Communities.
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Chairman Bradshaw called for the Economic Development report.
Patrick J. Small, Director. of Economic Development, presented. An
Economic. Development Policy and Procedure to Govern A Business
Recruitment Campaign Entitled Wanted-New Business Investment-Reward
for the Board's consideration.
County Attorney Crook requested an opportunity to meet with the
Director of Economic Development and review .the policy before Board
action.
Chairman Bradshaw moved the Board direct the. County Attorney to
review the policy, as presented,. with the Economic Development Director
and report back to the Board at its September 7, 2000 meeting. 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 the Parks and Recreation report.
Alan S. Nogiec, Director of Parks and Recreation, presented a contract
for the Recreational Facilities Master Plan Services for the Board's
consideration.
Supervisor Claud moved the Board approve the contract with Land
Planning & Design Associates Inc. 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 the County Administrator's report.
County. Administrator Casket' stated the Board appointed committee
has met with a representative of Charter Communications to discuss the
obligations associated with the proposed franchise transfer.
Frank Staley, General Manager, Charter Communications, stated he
has no problem with having the system rebuild done within. a certain period
of time. He stated digital services and high-speed cable modems will be
launched. He stated he anticipates all such work to be accomplished by the
end of December, 2001.
Chairman Bradshaw stated Charter had no legal right to increase the
rates within the .County because Charter had no franchise agreement with
the County. He stated the. franchise agreement must be cleared up based on
a contract.
Supervisor MacManus asked Mr. Staley how soon he .anticipated
return of the franchise agreement to the County.
Mr. Staley replied Charter anticipates.. negotiations to be complete
within two (2) to three (3) weeks.
Chairman Bradshaw requested .Lyle Hornbaker include an update. of
the County's franchise agreement on the County's web site.
Chairman Bradshaw requested .the County Administrator include a
presentation every other month from the General Manager on the Board's
agenda.
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County,Administrator Caskey recommended the Board authorize the
.printing and distribution of the 2000-2001 Isle of Wight Information and
Directory.-
Supervisor Claud requested the Constitutional Officers and the School
.Board be included in the directory.
Supervisor MacManus moved the Board authorize the printing and
distribution of the Information and Directory after August 30, 2000, pending
potential changes to the section highlighting meeting schedules, and to
include the Constitutional Officers and the School Board. Funds are to be
allocated 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.
County Administrator Caskey requested the Board set a work session.
date between the Board and the Planning Commission.
Chairman Bradshaw moved the Board set August 30 at 4:00 p.m. for
the purpose of holding a joint work session with the Planning Commission.
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 a late item from VACo
requesting local county governments comment responsive to JLARC's
Educational Funding Study.
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Supervisor MacManus moved the Board direct staff to prepare an
appropriate resolution in conjunction with the School .Board in support of
what has been presented to JLARC. 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 a .copy of a letter from the
Hampton Roads Chamber of Commerce dated July 20, 2000. addressed to
the County Administrator announcing that San Diego, CA has been. selected
as the designation for the 4`~' Annual Inter-Regional. Visit. Mr. Caskey noted
the Chairman will not be able to participate .this. year and he requested the
Board consider. designating another Board member in place of the
Chairman.
Chairman Bradshaw moved the Board designate Supervisor Claud as
the Board's representative. to the Hampton Roads Chamber of Commerce
Inter-Regional Visit and that he be authorized to attend in place of Chairman
Bradshaw.. 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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County Administrator Casket' advised. that the Virginia Tech
Community Design Assistance Center is agreeable to .taking on the project
for the upcoming semester to develop amulti-purpose design and master
plan for the .expansion of the YMCA and. other existing users.
Chairman Bradshaw noted the Board's desire for the County
Administrator to continue to work with the Center.
County Administrator Casket' reminded the Board of an invitation to
attend the preview of the Peninsula Housing & Builders Association's
Paradeof Homes event scheduledfor September 7, 2000 at 6:00 p.m., which
is the same day as the Board's regular meeting.
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• Chairman Bradshaw called for the County Attorney's report.
County Attorney Crook referred to a letter sent to the Board
• concerning cablevision issues and a copy of the proposed agreement with
Charter Communications.
County Attorney Crook advised that a meeting had .taken place
. between the Real Smithfield Jaycees and the Children's Center. He stated
the two (2) organizations are in the process of discussing the feasibility of
he .Children's Center utilizing the building presently leased to the Jaycees
and he would report back to the Board on their decision at a later date.
County Attorney Crook recommended a committee be appointed by
the Board to work on the Boykin's Tavern guidelines.
Supervisor Claud moved the Board appoint such a committee at the
Board's September 7, 2000. meeting. The emotion 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 noted the owner has .offered to convey the
right-of--way for Yellow Rock. Road to the- County..
County Attorney Crook noted he had two (2) matters involving
litigation for closed session discussion later in the meeting.
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Chairman Bradshaw called for Old Business.
Supervisor Clark moved the Board direct staff to hire an appropriate
individual to overhaul the sound system in the Board Room. The motion
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was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud votirig in favor of the motion (5-0) and no Supervisors voting against
the motion.
Supervisor MacManus reiterated his request to Mr. Hartley for a status
- report of the grandfathering of existing residences in the new flood map
ordinance.
Mr. Hartley advised the matter would be placed on the agenda for the
Board's September 21, 2000 meeting.
Supervisor MacManus requested staff bring back a hurricane
preparedness action plan for the Board's consideration.
County Administrator Caskey noted he would have the Director of
Emergency Management ,provide an update for the Board'sconsideration at
its September 7, 2000 meeting.
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County Attorney Crook. reported to the Board of Supervisors from the
School Board that a joint meeting was suggested to the School Board to be
held on October 19, 2000 at 4:30 p.rn. and that this was only one and a half
hours, before the regular Board of Supervisors meeting which would not
allow time to discuss meaningfully all the items proposed for joint
discussion. He reported that the School Board requested .its meeting be held
at some other time when there would not be constraints of time on their
discussion. Chairman Bradshaw insisted the meeting be -held on October
19, 2000 and that .there was only one item for discussion, i.e., the Capital
Improvements Plan.
Supervisor Claud. moved the Board schedule a joint meeting between
the School Board and the Board of Supervisors for October 19, 2000 at 3:30
p.m., prior to the Board of Supervisors regularly scheduled meeting. 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 County Administrator distribute a
list of proposed items. for discussion to the Board and that a tentative agenda
(to include a Capital Budget process) be developed and presented to the
Board at its September 7, 2000 meeting.
Addressing the issue of mosquito control, Mr. Robertson provided .the
.Board with an update of information gathered since the last Board meeting.
He stated the most effective means of mosquito control that any locality can
have is in the area of an educational program for the citizens. He updated
the Board on the program .implemented by York County.
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Supervisor Clark requested Mr. Robertson obtain quotes on mobile
mosquito control spraying (i.e., how it is accomplished, the cost and, what
the spray kills in addition to mosquitoes). He further. directed that Mr.
Robertson arrange for a speaker to address the Board's questions only on
mosquito control and. that a report from York County be included in the
Board's September ?, 2000 meeting.
Chairman Bradshaw advised he attended a presentation on
redistricting and noted next month information will be made available from
the Census. Bureau on the topic. He requested the County Administrator
pass along this information to the County Attorney and advise the Board on
the process.
//
Chairman Bradshaw called for New Business.
Supervisor MacManus noted he attended the meeting of the VACo
Steering Committee for Community.:Development and Planning and he
distributed information pertaining to the.legislative position being taken. He
noted developers have received preliminary approval .regarding overriding
local ordinances as it concerns the manner or type of construction for
particular building features, buildings and equipment.
Supervisor MacManus moved the Board direct staff to look. at the
impact .and advise the Board accordingly so appropriate action can be taken
with the County's General Assembly delegation to respond to the proposed.
change. 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 advised the VACo Board of Directors took
actions dealing with 1) taxing issues, 2) requested that a percentage of
personal income tax go to localities. and, 3) encouraged localities to support
distribution of having 10% of the .personal income distributed across all
localities. He requested the County Administrator forward information to
the Board concerning these issues.
/I
Chairman Bradshaw called for Appointments.
There were no appointments offered by the Board.
//
1
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T•.
i
County Attorney Crook requested a closed session under Section 2.1-
344 A7 of the Freedom of Information Act concerning advice of counsel on
a potential litigation matter. and on an actual litigation matter.
Mr. Small requested a closed session under Section 2.1-344 AS of the
Freedom of Information Act concerning two (2) matters involving
prospective businesses and under Section 2.1-344 A3 concerning
negotiations for acquisition of real estate.
Supervisor. MacManus 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:
CERTIFICATION OF CLOSED MEETING
1
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,
WI~REAS, 2.1-344:1D 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
1
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.
17