11-16-2000 Regular Meetingf:
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF
NOVEMBER IN THE YEAR TWO THOUSAND
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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
County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Bradshaw called the meeting to order at 5:00 p.m. The
invocation was delivered by Supervisor Bradby.
The Pledge of Allegiance was conducted
Chairman. Bradshaw noted the meeting was being held one hour
early in ,order to begin preliminary discussions on the Comprehensive
Plan.
Supervisor Clark moved that . at the .conclusion of the Planning.
Commission's .review and the Board of Supervisors' review that joint
meetings be scheduled, as necessary,. to compare notes, opinions and
beliefs on the Comprehensive Plan. The meetings are to take. place
after the Planning. Commission completes its review, but prior to the
public hearings on the Comprehensive Plan.. Mr. Hartley is to
coordinate the meetings. 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.
Jonathan W. Hartley, Director of Planning and Zoning,. was
requested by the Board, members to do the following:
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Under Introduction, Chairman Bradshaw requested the County's
Mission Statement be incorporated.
Under Chapter 1, Page l .1 and 1.2, Chairman Bradshaw
addressed regional development .trends and noted .that Surry
County is now part of the Hampton .Roads. Planning District and
Partnership. The third paragraph does not. mention. Surry County
and data should be included as part of Table 1-1. Supervisor
MacManus requested that the Eastern Virginia: Transport Study
be recognized as being underway.
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. Under Chapter 1, Page 1.5, under County .Population and
Development Trends, Supervisor MacManus requested
"significant" be inserted before the word "concentration" in the
first line of the. bottom paragraph after the graph. On Page 1.6,
Supervisor MacManus noted the first paragraph at the top of the
page should recognize the Western Tidewater Water Authority..
Under Chapter 1, Page 1.3, Chairman Bradshaw noted -under
"Regional Economy" it does not mention the County being
involved in the Hampton Roads Economic Development
Alliance. He recommended. both the Hampton Roads- Partnership
and the Hampton Roads Economic- Development Alliance be
included as part of this section.
Under Chapter 1, Page 1.7 and 1.8, Supervisor MacManus noted
there is recent demographic data that shows some of the generic
age shifting trends and- a reflection of that would provide some.
good information.
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Under Chapter 1, Page 1.16, Supervisor MacManus noted the
middle paragraph does not have an accurate description in its
references to the school system. Under Development Trends,
Supervisor Claud noted the figure of 7,000 seems high and he is
interested in anything containing ten (10) or more residential lots.
Supervisor MacManus recommended the inclusion of a map.
Chairman Bradshaw requested that a map be developed showing
what has been developed and the zoning.
Under Chapter 1, Page 1.17, .Chairman Bradshaw. requested the
word "commercial" be defined in the first paragraph, second
sentence. He further requested that "Union Camp" be changed to
"International Paper" in the second paragraph, next to last line.
Under Chapter Two, Page 2.1, Natural Resources and - '
Environmental Quality, where it references wetlands and
floodplains, Supervisor MacManus noted that in the Newport
District there have been developments built where the soil was an
impact on development and he would recommend that staff' note
that there are .some subdivisions that have been zoned already
where this comes into play (i.e., shrink-swell soils). Supervisor
Clark recommended "can" be replaced with "should" in the
second paragraph, third line.. On the map, #2-l, Natural
Development .Constraints, Chairman Bradshaw requested that
Mr. Hornbaker develop a separate visual map by district with
both categories defined. Supervisor Clark requested that on Page
2,1, second paragraph, the last sentence after. the word "should",
insert "at least" before the word "meet" and after the last word in
the .sentence "protection" continue .with "and .where at all
possible strive for maximum performance standards far
environmental protection."
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Under .Chapter Two, Page 2.5, second paragraph, the sentence
beginning with "Soils .with development limits ....." needs
clarification as it seems to be contradictory. Chairman Bradshaw
noted reference is made that the map for the 100 year flood plain
is available. Chairman Bradshaw recommended that the 1999
flood and. the County's response to the flood of .establishing the
disaster relief committee and the emergency response committee
be mentioned.
Under Chapter Two, Page 2.9, Table 2-2, .Supervisor MacManus
requested the inaccurate figures be corrected as the Pagan River
contains only five docks and piers.
Under Chapter Two, Page 2.10, the last paragraph, Supervisor
MacManus requested that the last two sentences which. speak to
improvement of water quality be changed to reflect actual results.
Under Chapter Two, Page 2.12, Supervisor MacManus requested
that the last two sentences in the first paragraph be corrected to
reflect recent results where it references coliform levels.
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Under Chapter Two, Page 2.15, Supervisor Clark asked Mr.
Hartley if he could find out which of .these affects Jones Creek,
Carrollton Branch and Titus Creek where reference is made to
"73 of these sites involve on-site sewage deficiencies."
Under Chapter Two, Page 2.17, underTidal Marshes, Chairman
Bradshaw requested a map be developed depicting the 5,377
acres of tidal marsh. Supervisor Clark requested additional
research on regulation of non-tidal wetlands.
Under Chapter Two, Page .2.19, first paragraph, Supervisor
MacManus requested the sentence reflect that Blue Crabs are not
abundant in the lower James, the Pagan River system and Lawnes
Creek. .
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Under Chapter Two, Page .2.25, Supervisor Bradby requested that
the Tylers Beach Boat Harbor be added.
Under Chapter Two, Page 2.21, under Natural Heritage
Resources, Chairman Bradshaw requested a copy of the map.
Under Chapter Two, Page 2.22, Supervisor MacManus noted that
reference is made that natural heritage sites are in designated
development service districts and he does not think they should
be. Supervisor Clark requested a copy of a map illustrating
.where they are located.
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Under Chapter Two, Page 2.25, Table 2-4, Supervisor Bradby
requested that "limited parking" ' be reconsidered for Tyler's
Beach Ramp..
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Two, Page 2,27, Supervisor Clark requested -
language be included to ensure that the boat traffic is managed in
an ecologically sensitive way, mainly in the smaller creeks.
. Under Chapter Two, Page 2.28, .fourth bullet, Supervisor
MacManus requested. background basis for why the 200 verses
300 or more foot bufi'er.
. Under Chapter Two, Page .2.33, under Boat Wakes
Chairman
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Bradshaw noted there. are contradictions on the wake zones for
boats, (i.e. _ it states boat.. wakes create erosion and another
location states that it can not be proved that boat wakes do cause
erosion). Also .under Boat Wakes, Supervisor Clark requested
..that the last sentence be deleted.
Under Chapter Two, Page 2.37, under Setbacks, Supervisor
MacManus requested that the second paragraph be deleted as it
more appropriately belongs in the zoning ordinance.
Under Chapter Two, Page 2.38, under Density Standards and
Limits, last sentence, Supervisor MacManus requested more
definition in terms of application.
Under Chapter Two, Page 2.41, last paragraph, Chairman
Bradshaw requested the County Administrator provide a copy to
the Board. and Planning Commission. of the groundwater study
report in 1996 with the City of Franklin as it relates to the issue
of groundwater levels.
Under Chapter Two, Page. 2.39, under Subdivision Regulations,
Supervisor MacManus requested "can" be replaced with "should"
on the second line. Under Deed Disclosure, replace. "can" with
"should" in the first sentence.
Under Chapter Two, Page 2:40, under Education, Supervisor
MacManus requested "could " be replaced with "should" in the
first sentence..
Under Chapter Two, .Page. 2.41, under Groundwater Resources
and Protection .Issues, Supervisor- MacManus noted there is no
reference to water agreements with the City of Suffolk under the
Western Tidewater Water Authority. He further noted under
paragraph two, the fluoride issue is not current information.
Under Chapter Two, Page 2.43, fourth paragraph, fourth line,.
Supervisor Claud requested that the Town of Windsor and the
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Western Tidewater Water Authority should be added after
"Franklin."
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Supervisor MacManus requested copies of the notes be provided
to the Board to ensure what was taken as notes matches what the
Board is trying to state.
Supervisor Claud moved the Board take a five (5) minute break
before continuing with the regular meeting. The motion was adopted
unanimously (5-0).
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Chairman Bradshaw called for Special Presentations.
Chairman Bradshaw recognized the members of the Isle of Wight
County Fair Committee.
Supervisor Bradby moved the Board adopt .the following.
resolution recognizing the Isle of Wight County Fair Committee:
RESOLUTION TO RECOGNIZE THE
ISLE OF WIGHT COUNTY FAIR COMMITTEE
WHEREAS, in September, .2000, the. Isle of Wight County Fair
Committee produced the seventh annual County Fair in Isle of Wight
County; and,
WHEREAS, the Isle of Wight County Fair Committee has shown
significant determination in recreating the County Fair in the wake of
Hurricanes Dennis and Floyd; and,
WHEREAS, the 2000 Isle of Wight County Fair has surpassed all
recent fair attendance records; and,
WHEREAS, the Board of Supervisors of the County of Isle of
Wight wishes to recognize the Isle of Wight County Fair Committee for
its contributions to the quality of life of the citizens of Isle. of Wight
County.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED
that the Board of Supervisors of the County of-Isle of Wight recognizes
and appreciates the contributions of the Isle of Wight County Fair
Committee to the citizens of Isle of Wight 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.
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Chairman Bradshaw crowned Ms. Brittney Shea Cobb as Miss
Isle: of Wight County Fair 2000.
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Chairman Bradshaw indicated the following Consent Agenda
included Items 2, A through D, and asked if there were any items for
removal:
A. FY2000-01 Financial Plan
B. Commonwealth Transportation Alliance
C. Delinquent Real Estate Tax Collection Monthly Report
D. October 19, 2000 Regular Meeting Minutes
Supervisor Claud moved .the Board adopt the Consent
Agenda with the following amendments to the, minutes:
Page 7, change"Julian" to "Julia"
Page 8, after "$40 or $50 per year", add "on average per
household"
Page l 0, change "James Brown' ;III to James P. O'Briant
Page 13, change "West" to "Willis"
Page 41, change"VIM'S" to "Virginia Institute. of Marine
Science (VIMS)"
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 themotion.
Supervisor MacManus moved the Board move the
Commonwealth Transportation Alliance item from the Consent Agenda
to New Business. The. motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, ,Clark and Claud voting in-favor of the
emotion (5-0) and no Supervisors voting against the motion.
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Chainman Bradshaw called for Transportation Matters.
County :Administrator Caskey advised that the next quarterly
meeting with the VDOT District Administrator is scheduled for
Monday at .10:00 a.m. He requested the Board relay any concerns to
him for discussion at the meeting.
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Chairman Bradshaw called for Citizens Comments.
Pat Clark advised that a grave has been located on the Springfield
Farm and that the Historical Society does not need to be involved. He
.distributed pictures to the Board. of the .204-year-old grave, noting that
this is not the grave Mr. Lawson had previously advised was located on
the property. He advised that Mr. Lawson has agreed to help locate the
other grave in that area.
Thomas Finderson reported that Tony Siebert had spoken at a
recent Isle of Wight Citizens :Association meeting regarding flooding in .
the James River area. Mr. Finderson noted that Mr. Siebert indicated
that the 1933 hurricane was at .eleven (11) feet mean sea level and .was
a Class 1 hurricane. He noted that John Cash, meteorologist, advised
that the County should be designing for no less than eleven (11) feet
above mean flood level.
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Chairman Bradshaw called .for. the Community Development
report.
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Jonathan W. Hartley, Director of Planning and Zoning, noted for
the Board's information that Chairman Bradshaw had requested. staff to
prepare an Action List following Planning Commission meetings for
the Board's perusal. He distributed an Action List from the .Planning
Commission's meeting of November 14, 2000 and indicated future lists
would be forwarded to the Board within a week of the Commission
meetings.
Supervisor Claud requested the status. of having additional copies
of the County maps produced.
Mr: Hartley advised that he would have a request for funding to
have additional County maps printed for the Board's consideration at
its December 7, 2000 meeting.
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Chairman Bradshaw called for the Public Utilities report.
E: Wayne Rountree, P.E., Director of Public Utilities, referenced
a report contained in the agenda on water pressure in the Gatling Point
Subdivision.
Mr. Rountree noted staff had previously requested.. that $25,000
be transferred in the Capital Budget from renovations of a pump station
to the fluoride line item so that staff could obtain some assistance in
dealing with the upcoming fluoride situation. He stated the Board
requested that a copy of the RFP be supplied to the Board prior to
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considering the transfer of the $25,000. He noted the draft RFP is
included in the agenda for the Board's consideration.
Supervisor MacManus moved the' Board approve the reallocation
of $25,000 from sewage pumping # 10 repairs to the .fluoride study. 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 appoint a subcommittee
consisting of Supervisors MacManus and Claud to further review
fluoride issues. 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.
Mr. Rountree, in the absence of the Director of Parks and
Recreation,. stated a portion of the Camptown Park property needs to be
acquired by VDOT for the construction of the Route 260 Connector.
He stated staff is recommending the Board. approve the new proposal
from VDOT with the condition that VDOT include a vegetative buffer
between the existing park property and the proposed Route 260
alignment. He further recommended the .Board authorize the. County
Administrator to make a formal request to the Virginia Department of
Conservation and Recreation (VDCR) for their review of this
conversion of property.
Supervisor Bradby moved the Board accept the new proposal
from VDOT, with the condition that VDOT include a vegetative buffer
between the existing park property and the proposed Route 260
alignment. The buffer should be in the form of Leland Cypress trees
planted in a formation that will provide a natural screen and will offer
an aesthetic buffer between the park amenities and the roadway. 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 authorize the County
Administrator to make a formal request to VDCR for their review of
this conversion of property as per the imposed conditions. 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.
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Jane March presented a request by the South Hampton Roads
Habitat for Humanity seeking the donation of two (2) building lots in
the County.
Chairman Bradshaw requested staff. investigate if there are any
available lots in the County and advise Ms. March accordingly. In the ,
meantime, County Administrator Caskey suggested Ms. March also
make contact with the Town of Windsor.
Sheriff C. W. Phelps .requested the Board fund a request for a
Live Scan Automated Fingerprint System for use in his department.
Supervisor MacManus inquired if this equipment could be
utilized by the .County's school system for employee background
checks and by the Smithfield. Police Department.
Sheriff Phelps advised "yes."
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Supervisor Bradby moved the Board fund the Sheriffs Office
request.. and appropriate $10,156 plus installation of equipment.
necessary for. the system. and its monthly maintenance .costs. Funding
is to be appropriated 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:
Debbie J. Sivertson, Administrative Analyst, requested that the
Board sponsor an individual for the 2001 Leadership Program.
Supervisor Claud moved the Board allocate $750 to sponsor an
individual for the 2001 Leadership Isle of Wight Program. Such
individual is to be selected by-.the County Administrator. 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.
Donald T. Robertson, Assistant County Administrator/Director of
Human Resources, presented the issue of a proposed 2001 Legislative
Priorities for the Board's consideration.
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Chairman Bradshaw requested that transportation funding,
unfunded mandates, taxing powers, growth .derived revenue system and
the removal of the. cap on the E-911 tax be grouped as .financial issues.
He further noted growth issues should be grouped as .well (adequate
public facilities, limitations on .the use. of special exemptions, vested
rights and downzoning of certain residentially zoned .properties.) He
requested that the issues of the regional reporting center, vehicle decals
exemption, local tobacco tax and the tax exemption for, churches be
sponsored locally.
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Supervisor MacManus requested local priorities be listed at the
top of the list for emphasis, followed by secondary issues.
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Based on the hour of 7:00 p.m., Supervisor Claud moved the
Board amend the 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 The application of Elsie S. Griffin for a change in zoning
classification from RAC to Conditional Rural Residential
of approximately five (5) acres of land.. Said property is
located. at 16200 Griffin Lane, Smithfield in Hardy
Magisterial District.: The purpose of the application is to
create one single-family residential lot around an existing
single family residence.
Chairman Bradshaw called for persons to speak in favor of or in i
opposition to the proposed application.
Clay. Griffin requested the Board approve the change in zoning
classification.
.County Attorney Crook advised that the County's ordinance
requires that septic lines be located on the same lot as the residence and
.the Board has in the past. granted variances to this requirement,
conditioned on the easement being platted, recorded and conveyed by
deed with the residential lot.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Clark moved the Board approve the application of
Elsie S. Griffin, with the condition as stated by the- County Attorney
that the easement be .platted, .recorded and conveyed by deed with its
residential lot. The motion was adopted with Supervisors MacManus
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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. The application of Edwina R: Watson Byrum for a change
in zoning classification from RAC to Rural Residential of
approximately twenty (20) acres of land.. Said property is
Located on the .east and west sides of Sand Pit Road at
21556 Sand Pit Road, Zuni, in Hardy Magisterial District.
The purpose of the application. is to subdivide the parcel-for
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a total of two (2) single family residential lots, as
conditioned.
Chairman. Bradshaw called for person to speak in favor of or in
opposition to the proposed application.
John T. Byrum requested the Board approve the change in zoning
classification for financial reasons.
Chairman Bradshaw closed the public hearing and ,called for
comments from the Board.
Supervisor Clark inquired if proffers were associated with the
application.
Mr. Hartley replied- that the only proffer is dealing .with the
further subdivision of the property.
County Attorney Crook advised that if the Board rezones the
property it should be to Conditional Rural Residential with the written
proffers of the owner as a condition. Mr. Byrum indicated that is what
is now being requested..
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Supervisor Clark noted that while he is .sympathetic to the
Byrum's circumstance, he believes that with every parcel, regardless of
the hardship, there needs to be a cash proffer offered because the Board
must take into account the impact on the County's public facilities.
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Chairman Bradshaw stated these are individuals in a hardship
situation and could not control what happened during Hurricane Floyd.
He noted that the `Federal Government could not respond to all
individuals that were displaced to meet their needs.
Supervisor Bradby moved the Board approve the application of
Edwina R. Watson Byrum, Conditional Rural Residential with the
proffered written condition that it can not be resubdivided. The. motion
was adopted with Supervisors MacManus, Bradby, Bradshaw and
Claud. voting in favor of the motion (4-1) and Supervisor Clark voting.
against the motion.
C. The application of Mollie G. Turner Family Limited
Partnership for a Conditional Use Permit for a mining
operation (borrow pit) totaling thirty (30) acres of land
located on the west side of Turner Drive (Route 644)
adjacent to 14182 Turner. Drive, Smithfield, in Newport
Magisterial District.
Chairman Bradshaw inquired if the application had been sent to
CBLAD for review and comments.
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Mr. Hartley replied "no."
Chairman Bradshaw stated based on the past direction of this
Board, .all properties for rezonings in the Chesapeake Bay district are to
be sent to CBLAD before coming to the Board.
County Attorney Crook stated the Board can hold its .public
hearing, but it may wish to hold off on its decision until it receives
input from. CBLAD.
.:Chairman Bradshaw stated the Board's action. covered all
zonings, not just residential, and this should have been forwarded to
CBLAD.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed Conditional Use Permit. .
Jeff Gardy, attorney, Glasscox, Gardy. & Savedge, representing
the Mollie. G. Turner Family Partnership, stated the Bay Sand Company
has. been operating an adjacent sand pit for seven (7) years. with no
complaints issued regarding the Billy Yeoman pit by the Bay Sand
Company.: He stated once the area is dug out and the pond is recreated,
the pond will be used for the farming purposes and not for residential
uses. Regarding the intersection, he stated there have been no accidents
that are related to the operation of the existing sand pit. He stated the
.Planning. Commission voted unanimously to recommend approval of
...the application.
Chairman Bradshaw inquired if a traffic analysis was performed.
Attorney Gardy replied "no" because it was not felt there would
be an increase in trafl•ic because when the old pit is closed the new pit
will be opened and it will be pretty much the same traffic. He stated
there will be activity at the old pit for approximately another year while
it is being closed.
Thomas. Finderson, Newport District, stated the Board approved a
borrow pit some months ago near Longview Acres which residents
complained about. He expressed - concern with the location of the
proposed pit because of its proximity to the Smithfield High School.
He noted the location is in .the Northern Development Service District
and he would anticipate in the future that the land from the Smithfield
Shopping. Plaza to Berns Church will be .substantially developed as ~
residential properties.
Attorney Gardy pointed out that land was taken from the Mollie
Turner family for the Smithfield High School site. and they are
requesting approval of the borrow pit now because they do want to
keep the land on the other side to farm. He stated the land has been
beamed and there will be no traffic coming out on the school side. He
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stated the Turner family wishes to have an irrigational pond for fanning
purposes.
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Supervisor Clark stated he does not want the borrow pit marketed
once it is emptied out and filled with water as a future mitigation site
for other destroyed wetlands. He inquired if the applicants would be
willing to make this a condition on the permit for the zoning change.
Attorney Gardy replied "yes."
Chairman Bradshaw closed the public hearing.
Chairman Bradshaw noted his. concern that., the matter was not
sent to CBLAD for its comments, as well as a concern that a
transportation analysis has not been completed on this tract.
Chairman Bradshaw moved the Board table the matter until the
Board's December evening meeting and send the application io
CBLAD for its review and .comments. In the meantime, a traffic
impact analysis is to be prepared at the owner's expense. ,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.
D. The application of Tidewater Soaring Foundation, Inc. for a
Special Use, Permit to operate a glider-port. on
approximately twenty-two {22) acres of land located. on the
south side of Iron Mine Springs Road (Route 605) at Orbit,
in Newport Magisterial District.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed application.
William. E. Laine, Jr., requested the .Board approve the
.application to locate a building to house gliders and offer. security and
protection from the elements.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Clark moved the Board approve the .application of
Tidewater .Soaring Foundation, 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.
E. The application of Fleetwood Garner, owner and Tidewater
Soaring Foundation, Inc., prospective owner fora .change
in zoning classification from RAC to Community Center of
approximately one (1) acre of land. Said property is
.located on the north side of Iron Mine Springs Road (Route
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605) at Orbit, in Newport Magisterial District. The purpose
of the. application is to provide for a clubhouse. for the
Tidewater Soaring Foundation, Inc. glider-port.
Chairman. Bradshaw called for persons to speak in favor of or in
opposition to the proposed application.
William E. Laine, Jr., requested the Board approve the
application to provide for a clubhouse for the Foundation.
Chairman Bradshaw closed the public hearing and called. for
comments from the Board.
Supervisor- Clark moved the. Board approve the .application of
Fleetwood Gamer. 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.
F. Amendment to the 1991 Comprehensive Plan for the Isle of
Wight County Bicycle and Pedestrian. Facilities Plan.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed Amendment.
Mr. Hartley presented an amendment to the current 1991 Plan for
the Board's consideration.
Arthur E. Berkley spoke. in favor- stating approval of the Plan
_would provide ways for alternative means of transportation and support.
tourism and local businesses.
Lea Dempsey requested the Board approve the Plan.
Jane March requested that horses be included in the trails planned
for the County.
Cecil Rhodes of Windsor pointed out that in the past, he has
experienced problems with. some of the bikers. He stated some of the
roads along the proposed bike trails will not accommodate a bike trail
because the distance from the hard surface to the edge. of the ditch is in
some places only 15-24 inches which presents an unsafe situation. He
pointed out that there are a lot of low limit bridges along the back roads
and dirt roads that are unimproved which should be addressed as
priorities.
.Charles Rhodes. of Suffolk expressed concerns with safety of
bikers and -.motorists because of the narrowness of Everetts Road and
the current speed limit. He noted .log trucks and bikers are not
compatible on the same roadway.
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Johnny Butler of Butler. Drive expressed concern with the
narrowness of the road and the increased traffic.
Chairman Bradshaw .closed the public hearing and called for
comments from the Board.
Supervisor Claud noted a concern with the secondary roads for .
bicyclists that are included as potential candidates. He stated he has
received calls from concerned residents who expressed concern for the
safety of the bicyclist and the motorist. He noted farming equipment is
getting larger which should be taken into consideration when
developing the bike plans.
Supervisor Bradby noted support of the Plan, but requested that
staff do whatever necessary to make safety a factor.
Supervisor MacManus stated at present there are many roads that
bicyclists can legally use in the County and .this Plan provides she
framework to make these roads safer for people that can already use
them legally. He stated regarding funding, the group involved is
seeking grant money so they are not. looking to County tax dollars to
make these improvements for the citizens.
.Chairman Bradshaw referenced a letter of support of the Plan
which was distributed to the Board.
Supervisor Clark inquired if the County has sovereign immunity
on bike path construction.
County Attorney Crook stated some bike paths would be
constructed by the County and some by the State or developers. He
stated he does-not know at this point if VDOT will take these paths into
.the system and maintain them or if the County will have to maintain
them.
Supervisor Clark asked if VDOT has standards for adjacent bike
paths or is there a national standard.
Mr. Berkley stated there are specific construction standards
regarding widths for bike lanes depending on .the class of the bike lane
and where it is constructed.
Chairman Bradshaw asked if the Board is giving the Committee
.the authority to proceed with developing these plans.
Supervisor Claud stated, as written, the Committee will evaluate
it and make a decision as to whether or not it would be included and it
does not come back to the Board which is his concern.
15
eo~r 19 >,:.r536
Mr. Berkley stated he did not believe this is the intent of the
Committee. .
Supervisor Claud noted there is nothing included in the Plan that
states approval is given by anyone except the Committee.
Supervisor Clark :moved the Board table, the matter and request
staff, the Committee and Supervisor MacManus to address the safety
and procedural concerns expressed by the Board and report back to the
Board at its December 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.
G. An Ordinance to Amend the Chesapeake Bay Preservation
Area Ordinance, Appendix B-1, of the -Isle of Wight
County Code,. Article VI, Administrative Procedures, to
' Provide Fees, Public Notice and Public Hearing
Requirements for Requests for Exemptions
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed ordinance.
County Attorney Crook stated the Chesapeake Bay Preservation
Area Ordinance has requirements that the Planning Commission has to
make certain .findings and then make their recommendation to the
Board. He stated that the ordinance does not require notification to the
adjoining landowners, nor public hearings, and the issue came up
recently and. he recommended. the Board consider an amendment to
require. public hearings which also includes a notice to adjacent
landowners by statute. He stated the Board also suggested an
administrative fee in the amount of $200 which is the other part of the
amendment.
Pat Clark, speaking on behalf of the Carrollton Civic League, the
Rescue Community Association and the Isle of Wight Citizens
Association, noted .full support of the Ordinance with emphasis on the
public hearing requirements.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
. Supervisor Clark moved the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND .THE CHESAPEAKE BAY
PRF,SERVATION AREA ORDINANCE, APPENDIX B-1, OF THE ISLE
OF WIGHT COUNTY CODE, ARTICLE VI, ADMINISTRATIVE
PROCEDURES, TO INCREASE. PENALTIES AND ADD
ENFORCEMENT PROVISIONS FOR THE ZONING ADMINISTRATOR
1
16
~~+,,~ 1 n ,:.:~ 537
1
BE, IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that the Chesapeake Bay Preservation Area
Ordinance adopted by. the Board of Supervisors of Isle of Wight County,
Virginia, on November 15, 1990 as Appendix B-1 of the Isle of Wight
County Code, Article VI, Administrative Procedures, Section 6008, be
amended to read as follows:
.Section. 6008. Enforcement, Violation and Penalties.
I~
(a) The primary responsibility for administering and enforcing
this Ordinance shall be assigned to the. Zoning. Administrator or a ,
duly authorized designee. The Zoning Administrator or his duly
authorized designee, Planning Commission .members and Board
of Supervisors members including other persons designated by
the Board of Supervisors, shall have authority to conduct
inspections and surveys upon the property .affected by this
Ordinance to determine compliance -with this Ordinance. The
Zoning Administrator shall seek criminal or civil enforcement for
any provision of thin Ordinance and take any action on behalf of
the County to prevent or abate any violation or potential violation
of this Ordinance. The Zoning Administrator .shall render
interpretations, upon written request of an interested person
whose property may be affected, as to the applicability of this
.Ordinance to particular uses in its application to the factual
.circumstances presented. The Zoning Administrator shall design
and distribute applications and forms required for this Ordinance
and request information which is pertinent to the request of the
approval and. shall perform such other duties as are necessary for
the proper enforcement and administration of this Ordinance.
(b) In addition to any other remedies in paragraph (a) above,
the following penalties are incorporated in this Ordinance as
follows:
1
(1) .Any person who: (i) violates any provision of this
Ordinance or (ii) violates or fails, neglects, or refuses to obey
any Board of Supervisors' or .the Zoning Administrator's final
notice, order, rule, regulation, or variance or permit condition
authorized under this Ordinance shall, upon such finding by an
appropriate Circuit Court, be assessed a penalty not to exceed
$5,000 for each day of violation.
(2) With the consent of any person who: (i) violates any
provision of this Ordinance or {ii) violates or fails, neglects, or
refuses to obey any Board of Supervisors' or Zoning Official's,
notice,. order, rule,. regulation, or variance or permit condition
authorized under this Ordinance, the Board of Supervisors. may
provide for the issuance of an order against such person for the
one-time payment of civil charges for each violation, in specific
sums, not to exceed $10,000 for each violation. Such civil
17
aoe~ ~9 :.:~ 538
charges shall be paid into the treasury of Isle of Wight County
for the purpose of abating environmental damage to or restoring
Chesapeake Bay Preservation Areas in the County except that.
where the violator is the County or its. agent, the civil charges
shall be paid into the state treasury., The civil charges shall be
in lieu of any appropriate civil penalty imposed under
subdivision (1) of this subsection. 'Civil charges may be in
addition to the cost of any restoration required or ordered by the
Board of Supervisors or Zoning Administrator.
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 revert back to the
regular agenda upon return from a five (5) minute recess.. The motion
was adopted unanimously (5-0).
.Chairman Bradshaw called for the continuation of the County
Administrator's section of the agenda.
Supervisor Mach-anus moved the Board direct staff to work with
the County's Delegates .and Senators on the four (4) local items
(vehicle decal, cigarette tax, church exemption tax, regional daily
reporting center) to try and find sponsors. 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 that staff prepare two (2) major
categories (financial concerns of the County, i.e., .the County has for the
past years experienced the loss of revenue due to unfunded mandates
and list those oppositions). He directed the same thing be done for
growth, i.e., the County is a high growth community and involved. in
the `High Growth Coalition throughout the State and the County
supports the. Coalition's needs and those positions and list the issues
that could impact the County. He requested a statement be listed up
front introducing those two (2) major positions.
Supervisor MacManus recommended the Board take the VACo
.position on education and use it in lieu of any input .from the. School ,
Board since the School Board has not provided the County with any
positions. Chairman Bradshaw directed Mr. Robertson to include this
as a third category identified as school issues.
Supervisor Claud recommended staff use the language of VACo
for the removal of the cap on the E-911 tax.
1
~
1
18
J
Chairman Bradshaw. directed Mr. Robertson to list the CSA
position under the financial request and for Social Services list as a
separate category. (four categories: financial, growth, schools and
social services).
Sheriff C. W. Phelps noted the Virginia Sheriff's Association is
currently seeking a sponsorship to improve the retirement benefits for
-the deputy sheriffs.
Chairman Bradshaw requested the Sheriff provide the .Board with
a Sheriffs Association position statement on the retirement benefits for
deputy sheriffs so that it may be incorporated under the financial
.category.
Supervisor Claud moved the Board support the Sheriff s
Association for enhanced retirement benefits for deputy sheriffs. 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 offered to meet with Mr. Robertson and
draft up the list before the next Board meeting.
1
Supervisor Bradby moved to direct staff to develop the legislative
package that will include the four (4) categories (financial, growth,
schools and social 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.
County Administrator Caskey requested the Board establish a
date for its annual Town Meeting.
Supervisor Clark moved the Board set Saturday, February 10,
2000 from 10:00 a.m. until 12:00 noon as the Board's Town x~leeting
date. The location is the Carrsville Elementary School. 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 recommended the Board authorize
him to proceed -with securing modular units for utilization by the
GIS/data processing staff
Supervisor Clark moved the Board .authorize staff to acquire up
to two (2) modular units, not to exceed $15,000 in costs. 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.
19
+~t
so2~ 1~ ,.;~~~p
,Patrick J. Small, Director of Economic Development, distributed
a Resolution of Support to Endorse the Implementation by~ Verizon
South Inc. of Expanded Local Calling Between Isle of Wight County
Exchanges and Certain Adjacent Exchanges which he recommended
the Boazd adopt.
Supervisor Claud .moved the Boazd .adopt. the following k
resolution:
RESOLUTION OF SUPPORT TO ENDORSE THE
IMPLEMENTATION BY VERIZON SOUTH INC. OF EXPANDED
LOCAL CALLING BETWEEN ISLE OF WIGHT COUNTY
EXCHANGES AND. CERTAIN ADJACENT EXCHANGES
WHEREAS, on July. 21, 2000, Verizon South and Verizon
Virginia jointly filed.- with the .State Corporation Commission to
implement additional expanded local calling routes, as .ordered by .the
.Commission in approving.. the merger of GTE South with Bell Atlantic-
Virginia, that -will result in the elimination of hundreds of long distance
routes throughout the Commonwealth; -and
WHEREAS, the merger is now complete and the new company -
Verizon Communications, has begun the process of expanding local
calling areas and is now considering exchanges. in Isle of Wight
County; and
WHEREAS, the Board of Supervisors of Isle of Wight County,
its staff and constituents were actively involved in advocating the
expansion of local calling .areas preceding. and during the merger
discussions because of its, conviction that restricted calling areas results
in undue financial hardship. being placed on local businesses and,
residents; and
WHEREAS, it has been confirmed by a special committee
commissioned by the Board of Supervisors of Isle of Wight County
that the current proposal to expand local calling areas ..between
exchanges in Isle of Wight County and certain adjacent~exchanges will
benefit the businesses and residents of the County;.
NOW, THEREFORE, BE IT RESOLVED -THAT: The Isle of
Wight County Board of Supervisors does hereby support the
implementation of the plan proposed by Verizon South and directs that
this resolution be forwarded to Verizon South and the State Corporation.
Commission for their consideration; and
BE IT FURTHER RESOLVED THAT: The Isle of Wight
County Board of Supervisors directs its committee to undertake
necessary efforts to ensure that the businesses. and residents of Isle of
Wight County receive timely and accurate information regarding the
expansion of local calling areas.
20
.:
9~~r 1~ -;-:~-.541
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 stated the Board previously
adopted a motion relative to funding four (4) dispatch positions. to be
located at the Smithfield Police Department dispatch center and provide
an approximate sum of $18,000 for funding the development of the
extra console needed for extra dispatching. He distributed a fax
received from the Smithfield Town Manager referencing that the Town .
has been provided a cost estimate which has increased from the original
estimate of $17,600 to $21,650. He requested the .Board provide
direction to staff if it wishes to fund beyond the original $18,000 to
cover the additional cost designated by the Town. He stated there is
additional information listed regarding personnel relative to the Town's
proposed staffing:
Mr. Robertson stated . he inquired from the Smithfield Town
Manager today if the upgrading of the position was one (1) of the (4)
that the County designated for that. Mr. Robertson stated he inquired
of the Smithfield Town Manager if the change of funding for the full-
time employee in lieu of part-time is one of those to be picked up by
the County and his response to him was "yes."
Supervisor MacManus noted it was his understanding that the
Town of Smithfield was picking up the fifth person.
[]
Supervisor Claud moved the Board approve the revised .estimate
of $21,650 and that staff get clarification as to how these positions are
being hired and if it is the intent of the Town of Smithfield to go to the
fifth position, that should be the first position that is hired and not the
first one that is paid by the County. It is the Board's understanding that
the Town of Smithfield will do this. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw,.Clarkand.Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey noted that due to .the Governor's
announcement, the County's .upcoming holiday schedule has been
revised to reflect that offices will close at 12:00 noon on Wednesday
(11122) and remain closed on Thursday (.11/23) and Friday (11/24).
Offices .will also be closed at 12:00 noon on Friday, 12/22 and remain
closed on Monday, 12/25 and Tuesday, 12/26 for the Christmas
holidays.. In observance of the New Year holiday, offices will be
closed on Monday, 1/1/O1 and Tuesday,.1/2/01, he stated.
Sheriff Phelps stated he received infonmation that implementation.
of the wireless 911 must be completed by July 1, 2002. He stated there
is the possibility of 100% funding if -the Sheriff's Department makes a
request to the Wireless Board by December 1, 2000. He requestedthe
21
ri
BO~F ~~ ~„~;'S4~
Board authorize staff to work with him to get the request to the
Wireless Board. by December 1, .2000 so that the County can begin to
qualify for grant funds that are available.
Supervisor Clark moved the Board authorize staff to work with
SheriffPhelps to get this request to the State by December 1, 2000 and
qualify for .the grant. 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 the County Attorney's report.
County .Attorney Crook requested the Board to advise him of
their individual comments before the next committee. meeting on the
guidelines for the use of Boykin's Tavern which he distributed to them.
He then presented to the Board the following proposed resolution for
their consideration::
RESOLUTION FOR LOANS TO COUNTY
FOR BOYKIN'S TAVERN AND OTHER DISPLAY
WHEREAS, the County of Isle of Wight: has restored Boykin's Tavern
for use for County offices: and tourism; and
WHEREAS, individuals have offered antiques, artifacts and other items
of historical value for display in Boykin's Tavern; and
WHEREAS, the County of Isle of Wight deems necessary to adopt a
policy relative to accepting loans of such items for display for the protection
of the individual owners and. the County of Isle of Wight.
NOW, THEREFORE, be it resolved by the County. of Isle of Wight
that. loans for display of antiques, artifacts and other items of historical note
will be accepted upon the following terms and .conditions:
1. Any valuations or prices shown as stated by the lender are not to
be considered as appraisals by the County.
2. The County will not alter, repair, or clean any objects loaned
without the lender's permission.
3. Should any loss, damage, and/or deterioration be noted,-the
lender will be notified by the County.
4. Unless noted in an agreement, it is understood that the object
listed may be photographed or reproduced for promotional, educational and
catalogue purposes.
22
fl
~~_~~ 1~ .,:::~5~3
5. If the lender has knowledge of special conditions governing the
objects listed such as copyright, lien, custom bonds, ownership, etc., the
lender must inform the County in writing at the time of the loan.
6. All costs of insurance, packing, crating, transportation and
custom formalities will be borne by the County. Should the lender withdraw
the object from the County prior to the end of the loan period the lender will
be responsible for those costs.
7. Value is to be determined by lender and. stated in writing at the
time of the loan.
8. The County may have an appraisal done of the value of the item.
9. The loan period must be stated in writing at the time of the loan.
and must be definite.
10. Any use of the items loaned will be limited to in-house display or
storage unless special permission is given in writing by the lender.
11. In order to pick up the item, lender must give the County at least
two (2) weeks notice in writing.
12. Although the County will use its best efforts to preserve,
maintain, and secure the item for the benefit of the lender, the County will
not be responsible for any loss, theft or damage incurred to said item while in
the possession of the County pursuant to the loan.
Following discussion, Supervisor Claud moved the Board adoptthe
resolution. 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 presented a release of easement for the
construction and maintenance of a utility water and/or sewer pipe
system involving Billy B, and Kathleen Sizemore for the Board's
consideration. He explained to the Board that the utility easement was
recorded, but not used by the County and the Sizemores have requested
it be released and have returned to the County. the funds they received
for. the easement.
u
Supervisor .Clark moved the .Board authorize the Chairman to
sign the deed of release on behalf of 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.
County Attorney Crook notified the -Board that a meeting with
- Frank Staley, General Manager, Charter Communications, has been set
for December S, 2000.
23
B08a 1=~ .,::''S4't
County Attorney Crook: notified the Board that a meeting with
representatives of AES has been set for December 4, 2000.
County Attorney Crook noted he .had two (2) matters .for closed
session later in the meeting.
//
Chairman Bradshaw called for Old Business.
Supervisor- Clark inquired about the status of Yellow Rock. Road.
County Attorney Crook notified the -Board that the owner has
indicated his willingness to deed the right-of-way to the County, but he
has another matter he wants. to resolve with VDOT and the County
first.
//
Chairman Bradshaw called for New Business.
Chairman Bradshaw .called for the Board's consideration of a
financial contribution to the Commonwealth Transportation Alliance
(CTA).
Supervisor MacManus moved the Board provide a financial
contribution of .$500 to the CTA with the Chairman as the point of
contact for all information associated with the CTA. and their progress
as they move .forward. 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 recommended that staff investigate the
issue of the TEA-21 grant for bikeways on a generic basis so that the
County gets its fair share for appropriate use of such grant funds.
Supervisor MacManus moved the Board direct .staff to support
the TEA-21 grant for bikeways to see what funds are available to 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 moved the Board direct staff to look into
building a handicapped accessible ramp at the front entrance of the
Real Estate Office and that staff also be authorized to replace the carpet
in the building. The matter. should first be sent to the Historical
.Architectural Review .Committee for their review and then to Public
Works. The motion was adopted with Supervisors MacManus, Bradby,
24
f•,
! ^
ao~~ 1~ ;r~-545
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
1
Chairman Bradshaw moved that the Board direct the
CPMT/CSA, WTCSB and Social Services to provide a written
quarterly report to the Board. 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 suggested that the School Superintendent
meet with the Board on a quarterly basis to discuss what is happening
in the schools. County Attorney Crook advised the Superintendent
plans to attend the first meeting of the Board of Supervisors each
month.
Chairman Bradshaw suggested that the Board begin having an
annual breakfast .meeting with the Constitutional Officers to discuss
areas that are impacting their respective offices.
Chairman Bradshaw-moved the Board send a letter to the School
Superintendent requesting the .School Board encourage the Virginia
School Board Association to formally support the State's. position on
SOQ funding. 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 staff to investigate the
.possibility of increasing the Writ tax. 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 recommended that the Board and Planning
.Commission hold an annual one (1) day retreat to continue a good
working relationship.
Supervisor MacManus moved the -Board include as an agenda
item for the Board's retreat all the different boards and groups to set up
a calendar for the year. of when to approach. those groups. 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.
D
//
Chairman Bradshaw called for Appointments.
Supervisor MacManus moved the Board appoint Florine Moore
representing the Smithfield District to the Redistricting Committee.
The motion was. adopted unanimously (5-0).
25
+v,
a~~~ 1~ .:~:f54~
Supervisor Bradby moved the Board appoint Herman Jones
representing the Hardy District. to the Redistricting Committee.. The
motion was adopted: unanimously (5-0).
Supervisor Bradby moved the Board appoint .Herb DeGroft
representing the Hardy District to the Redistricting Committee. The
motion was adopted unanimously (5-0).
Supervisor Clark moved the Board appoint Mike .Alexander
representing the Newport District to the Redistricting Committee . The
motion was. adopted unanimously (5-0).
Supervisor Clark- moved the. Board appoint Robin Land
representing the Newport District to the Redistricting Committee . The
motion was adopted unanimously (5-0).
Chairman Bradshaw moved the Board appoint Glen Gaskins
representing the Carrsville District to the Redistricting Committee. The
motion was adopted unanimously (5-0).
Chairman Bradshaw moved the Board appoint Phil Hardison
representing- the Carrsville District to the Redistricting Committee. The
motion was adopted unanimously (5-0).
Supervisor Bradby moved the Board accept the noted resignation
and appoint Judy Begland to the Beautification Committee.. The
motion was. adopted unanimously (5-0).
//
County Attorney Crook requested a closed session under Section.
2.1-344 A3 of the Freedom of Information Act- concerning discussion
with counsel. and staff and consideration of disposition of publicly held
real property where disclosure could adversely affect the bargaining '
position of the County; under Section 2.1-344 AS and A7 concerning
discussion with counsel of sensitive contract negotiations progress
concerning a prospective.industry locating a facility in the County; and,.
under .Section 2.1-344 A7 for consultation with legal counsel of a
probable litigation matter requiring legal advice.
Supervisor .Claud requested a closed session under Section 2.1-
344 A3 of the Freedom of Information Act concerning discussion with
staff and counsel on a matter .involving acquisition. of property for
public purposes where public disclosure could adversely affect the
County's. interest and under Section 2.1-344 A7 concerning a
contractual matter requiring advice of counsel.
Supervisor Claud requested a closed session under Section 2.1-
344 A l of the Freedom of Information Act concerning a personnel
matter.
26
11
1
1
Mr. Small requested a closed session under Section 2.1-344 A3
of the Freedom of Information Act concerning acquisition of real estate
and under Section 2.1-344 AS concerning a prospective industry
locating a facility in the County.
After inquiring as to specifics of the foregoing requests for closed
session, the County Attorney stated a motion to go into closed session
for the. following purposes: Under Section 2.1-344 A.1. for discussion
concerning employment performance of a County employee; under
Section 2.1-344 A.3. for discussion of the acquisition of three real
properties for public purpose where discussion in open session would
adversely affect the bargaining position or negotiating strategy of the
Board; under Section 2.1-344 A.S. for discussion concerning a
prospective business or industry or expansion of an existing business or
industry where no previous announcement has been made of the
industry's interest in locating or expanding in the County and under
Section 2.1-344 A.7. for .consultation with counsel regarding a matter
of probable litigation where .consultation in an open meeting would
adversely affect the negotiating posture of the County and for advice of
counsel on a specific legal .matter of contract negotiation requiring legal
advice.
1
Supervisor Bradby moved the Board enter closed session for the
reasons stated 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.
Upon returning to open session, Supervisor. Clark moved the
Board adopt he following resolution:
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,
1
WHEREAS, 2.1-344.1 D 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 thiscertification 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.
1
27
VOTE
AYES: 5
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 Claud moved the Board adjourn. The motion was
adopted unanimously (5-0).
"'"' p A. Bradshaw, Chairman