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04-19-2001 Regular Meeting.•, ,. ~~~f ~ 2~ :~.~~7 ..REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS. HELD THE NINETHEENTH DAY OF APRIL IN THE YEAR TWO THOUSAND AND ONE PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice-Chairman Stan D. Clark . Richard K. MacManus Phillip A. Bradshaw 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 Bradby called the meeting to order at .6:00 p.m. The invocation was delivered by Supervisor Bradshaw. The Pledge of Allegiance was .conducted. // Chairman Bradby called for Special Presentations. Chairman Bradby. recognized Alan V. Monette, Robert D. Harris, James M. Reynolds and Constance H. Rhodes and presented them with resolutions of appreciation. Mr. Monette recognized Supervisor Claud for his efforts in working with expanded local calling areas in the .County which will benefit. businesses and residents of the County. Supervisor Bradshaw moved the Board adopt the following resolution: Appreciation Alan V. Monette In Consideration of Service to Isle of Wight County Whereas, the merger of GTE South with Bell Atlantic-Virginia is now complete and she new company - Verizon Communications, has begun the .process that will result in the elimination of hundreds of long distance routes throughout the Commonwealth, including many in Isle of Wight. County; and, 1 ~. ,. ~~~~f 2~ :^:148 Whereas, it has been confirmed by the Board of Supervisors of Isle of Wight .County that the: expanded local calling areas. between exchanges in Isle of Wight County and certain adjacent exchanges will benefit the businesses and residents of the County; and, Whereas, Alan V. Monette was actively involved in advocating the expansion of local calling areas .because of his conviction that the restricted calling areas resulted in undue financial hardship being placed- on local businesses and residents; and, Whereas, he contributed substantially to the success of -the Committee's objectives through his professional insight, broad experience and strong leadership; and, Whereas, his contributions to Isle of Wight County have ,materially improved the quality of life for the citizens of Isle of Wight County; Now Therefore, Be It Resolved That: the Isle of Wight County Board of Supervisors does hereby recognize and commended Alan V. Monette for his outstanding service to the County and is presented .this Resolution as a token of their gratitude and esteem. .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 Bradshaw moved the Board adopt the following resolution: Resolution of Appreciation Robert D. Harris 1 1 In Consideration of Service to ...Isle of Wight County Whereas, the merger of GTE South with Bell Atlantic-Virginia is now complete and the new company - Verizon Communications, has begun the process that will result in the elimination of hundreds of long distance. routes throughout the Commonwealth, including many in Isle. of Wight County; and, Whereas, it has been confirmed by the Board of Supervisors of Isle of Wight County that the expanded local calling areas between exchanges in Isle of Wight County. and .certain. adjacent exchanges will benefit the businesses and residents of the County; and, 2 .•, B 9 f. l ~~ -,:: ~ 1t~1 Whereas, Robert D. Harris was actively involved in advocating the expansion of local calling areas because of his conviction that the restricted calling areas resulted in undue .financial hardship being placed on local businesses and residents; and, Whereas, he contributed substantially to the success of the Committee's objectives through his professional insight, broad experience and strong leadership; and, Whereas, his contributions to Isle of Wight County .have materially improved the quality of fife for the citizens of Isle of Wight County;. Now Therefore, Be It Resolved That: the Isle of Wight County Board of .Supervisors does hereby recognize and commended Robert D. Harris for his outstanding service to the. County and is presented this Resolution as a token of their gratitude and esteem. 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 Bradshaw moved the Board adopt the following resolution: Resolution of Appreciation James M. Reynolds In Consideration of Service to Isle of Wight County Whereas, the. merger of GTE South with Bell Atlantic-.Virginia is now complete and the new company - Verizon Communications, has begun the process that will result in the elimination of hundreds of long distance routes throughout the Commonwealth, including many in Isle of Wight .County; and, Whereas, it has been confirmed by the Board of Supervisors of Isle of Wight County that the expanded local calling areas between exchanges in Isle of .Wight County and. certain adjacent exchanges will benefit the businesses and residents of the County; and, Whereas, James H. Reynolds was actively involved in advocating the expansion of local calling areas because of his conviction that the restricted calling areas resulted. in undue financial hardship being placed on local businESSes and residents; and, 3 BO~a 2~ ,N.;. ~5~ Whereas, he contributed substantially to the success of the Committee's objectives through his professional insight, broad experience and strong leadership; and, Whereas, his contributions to Isle of Wight County have materially improved the quality of life for the citizens of Isle of Wight County; Now Therefore, Be It Resolved That: the Isle of Wight County Board of Supervisors does hereby .recognize .and commended .James H. Reynolds for his outstanding service to the County and is presented this Resolution as a token. of their gratitude and esteem. 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 Bradshaw moved the Board adopt the following resolution: Resolution of Appreciation Constance H. Rhodes In Consideration of Service to Isle of Wight County Whereas, the merger of GTE South with Bell Atlantic-Virginia is now complete and the new company - Verizon Communications, has begun 'the process that will result in the elimination of hundreds of long distance routes throughout the Commonwealth, including many in Isle of Wight County; and, Whereas, it has been confirmed by the Board of Supervisors. of Isle of Wight County that the expanded local calling areas between exchanges in Isle of Wight .County and certain adjacent. exchanges will benefit the businesses and residents of the County;.and, Whereas, Constance H. Rhodes was actively involved in advocating the expansion of .local calling areas. because of her conviction that the restricted calling areas resulted in undue financial hardship. being placed on local businesses and residents; and, Whereas, she. contributed substantially to the success of the Committee's objectives. through her professional insight, broad .experience and strong leadership; and, I i Whereas, her contributions to Isle of Wight County have materially improved the quality of life for the citizens of Isle of Wight County;. { 4 I _ 1 ~. 1 .. 1 3~~,~~ 2J - ;-~5~ 1 Now Therefore, Be It .Resolved That: the Isle of Wight County Board of Supervisors does hereby recognize and commended Constance H. Rhodes for her outstanding service to the County and is presented this Resolution as a token of their gratitude and esteem. The motion was adopted with S~.ipervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Walt Williams, a representative of PKF Consulting, presented the findings of the Hotel Feasibility Study to the Board for its information. He noted there is strong growth potential and the Smithfield Center would be significant stimuli for new demand in the marketplace, particularly as it relates to tourism. He stated one (1) of the voids in the marketplace is a shortage of first-class hotel rooms with restaurant, small meeting places, a lounge and associated amenities. He stated the Smithfield Inn and Smithfield Station were noted as favorable sites, but in both :instances, approximately forty (40) guestrooms and additional .infrastructure were recommended. He noted other sites reviewed in this area were too far from the .Smithfield Center and downtown Smithfield to be practical to market to the group market. and tourism market. He noted the returns should be adequate to provide for financing in today's market. // Chairman Bradby indicated the following Consent Agenda included Items 2, A and B, and asked if there were any items for removal: Delinquent Real Estate Tax Collection Monthly Report March 15, 2001 Regular Meeting Minutes Supervisor Claud moved the Board. approve 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. // Chairman Bradby called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, provided the Board with the status of Fire Tower Road (Route 644) as it relates to consideration of No Through Truck .restriction. .He noted included in the Board's agenda is information for :designating a road as a "No Through Trucks." 5 .. ~QQI~ 2~ r~+,,::152..... .. Supervisor Bradshaw suggested the Board take this matter under consideration. He stated in the meantime, he would work with staff and return to the Board with a recommendation. Mr. Hartley noted included in the Board's agenda is a summary of current road and highway projects in the County. { The Board made the following requests/recommendations.. to Mr, - Hartley regarding current road and highway projects: Supervisor Bradshaw .requested the status of the speed -limit signs installed on Route 58 Business. He specifically requested that VDOT take the appropriate steps to have_the speed limit reduced prior to approaching the church from the. direction of Suffolk. Supervisor Clark advised of the need for "No Thru Truck Traffic" and "Children At Play" signs in the Carisbrooke community. Mr. Hartley advised he would :contact the VDOT Resident Engineer on the traffic and stop signs, as requested. - He advised Supervisor Clark on the procedure required by VDOT for "Children At Play" signs. Supervisor Claud inquired about the status of South Johnson Road. and asked Mr. Hartley to set up a .meeting to include Supervisor Claud, County Attorney Crook and Durwood Scott in an effort to resolve this matter further. Supervisor Bradby inquired. about the status of "Children At .Play" signs in the Rushmere community. He specifically requested that a sign be installed on Holly Point Road. Mr, Hartley noted receipt of the following transportation issues: Letter from the VDOT Resident Engineer regarding installation of signs at Carroll Bridge and Woodland Roads: Letter from VDOT Operations Manager responding to inquiries about the storm water management basin on Route 10 at Lawnes Creek.. Letter from the VDOT Resident Engineer regarding turning lane markings at Bartlett in response to concerns raised. by the County's Traffic Safety Committee. // Chairman Bradby called for Citizens Comments. 1 1 1 6 .•. ~~~~. 2~ r:,:~1~3 Mike Alexander requested the Board facilitate a .proper kick-off of a performance audit being conducted by the School Board and that the Board request copies by its first October, 20.01 meeting. Margaret Whitley addressed the Board concerning damage that occurred to her residence during Hurricane Floyd. She briefed the Board on the events that have occurred during the last nineteen months. Supervisor Bradshaw stated he was under the impression that the Board had taken action to pursue this and other similar situations by County residents. Supervisor Clark suggested the Board take this matter up under Old Business. // Chairman Bradby called for the Community Development report. Mr. Hartley notified the Board that the Planning Commission would be holding its meeting on the Draft Comprehensive Plan on April 26, 2001 at 7:00 p.m. He noted copies of the Plan are available in his office and at the various libraries. J/ Chairman Bradby called for the Economic Development report. Brooke T. Hardin, Research Specialist, presented a resolution for consideration by the Board concerning the Shirley T. Holland Commerce Park. He requested the Board authorize a transfer of $651,733 from the industrial park project to the Shirley T. Holland Commerce Park project and adopt the resolution. Supervisor Claud moved the Board adopt the following resolution and authorize a transfer of $651,733 from the industrial park project to the Shirley T. Holland Commerce Park project in the Capital Budget: RESOLUTION TO APPROPRIATE ONE MILLION THREE HUNDRED FIFTY NINE THOUSAND SEVEN HUNDRED THIRTY THREE DOLLARS FOR THE DEVELOPMENT OF THE SHIRLEY T. HOLLAND COMMERCE PARK WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved funding for the development of the Shirley T. Holland Commerce Park to promote business and the expansion of commercial and industrial facilities located in the County of Isle of Wight; and, 7 90~r. ~~ ~~~~ ~5~ WHEREAS, the. funds in the total amount of one million three hundred fifty nine thousand seven hundred thirty three dollars ($1,359,733) need to be appropriated to the appropriate line item for the .development of the .Shirley T. Holland Commerce :Park in the FY 2000-01 Industrial Development Authority budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that. one million three hundred fifty nine thousand seven hundred thirty three dollars ($1,359,733) be appropriated for the development of the Shirley T. Holland Commerce Park in the FY 2000-0 I Industrial ~ Development Authority budget of the County of Isle of Wight. BE IT FURTHER.RESOLVED that the County Administrator of the County of Isle of .Wight,. Virginia is authorized to make the appropriate accounting adjustments in the budget. and to do all things necessary to give this resolution effect. The motion was. adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of -the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for the County Administrator's report. County Administrator Caskey presented a request from The Children's Center and requested authorization to work with The Children's Center to assist them in some of the identified areas. .Supervisor MacManus moved the Board direct staff to work with. The Children's Center to provide support in their .effort with the proposed Smithfield facility with items that would be of no cost to the citizens of the County beyond normal working efforts and setting aside fees where applicable. 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 request by the Southampton Assembly, Inc. for a variance of the County's Smoking Ordinance at the County's skating rink. .Alan S. Nogiec, Director of Parks and Recreation, recommended the Board not approve the request. He stated he did not believe it would have a detrimental impact on the bingo. games and that it would have a negative impact on the overall operations and use of the buildings. 8 f'. 8'~r~~. 2i~ -:.'1~5 Linda Porter, Southampton Assembly, Inc., requested the Board's favorable consideration of the request. 1 Steve Lidell, consultant, stated 92% of bingo players smoke. He advised that two (2) .other groups tried .holding non-smoking bingo games which were not successful in the Tidewater area. He noted the groups are required to make a certain percentage of money now and non-smoking . groups could not meet this requirement and went out of business. Rosco Brown, bingo game operator, stated one of .the most cost. significant cost .centers where organizations are able to gain a majority of their moneys is Instant Tabs which is played during breaks so that persons that have to use- their break time to take their cigarette breaks have an adverse effect on the sale of instant bingo, He stated this game would be a significant boost and help Southampton Assembly, Inc. to further help citizens of the surrounding area. Leo Hardy, Executive Director, Southampton Assembly, Inc., offered to check into air cleaners in an effort to remove the smoke from the building, along with exhaust fans placed near the doorway and any other preventive measure they can take to remove the smoke from the building. 1 Supervisor Bradshaw stated he does .not believe smoking belongs in public buildings and if an individual wishes to smoke he believes they should go outside and not infringe upon others. He noted his concern with the skating rink is that its primary purpose is to create a family atmosphere. Supervisor Bradshaw moved the Board deny the request for a variance or waiver of the Board's smoking ordinance to apply to.the.Assembly's use of the County's skating rink during the operation of their bingo games. 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 Casket' presented a contract with Blue Ridge Appraisal Company for 2002 appraisal services. Anne F. Seward, Director of Budget and Finance, noted that the County Attorney made certain modifications -and she would request these be incorporated into the Board's motion. Supervisor Claud moved the Board authorize the Chairman to sign the contract for assessment services with Blue Ridge Appraisal Company for the 2002 reassessment with the modifications made. 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. 9 ,. County Administrator Caskey recommended the Board appoint a Board of Assessors for the 2002 reassessment and set an ~ equitable compensation rate. Supervisor Bradshaw recommended that the Board of Assessors be .listed on the Appointments Page for consideration by .the. Board at a later meeting. Supervisor MacManus referred to the rates contained in the agenda package and inquired if staff had .performed any comparison at the last assessment that these rates are in line with other: jurisdictions. Ms. Seward replied that a comparison of rates was .performed for the last reassessment. Supervisor Bradshaw moved the Board accept the recommended compensation rate for the Board, of Assessors. 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 authorize a public ' hearing for the Capital Improvements Plan for FY02-06. He noted a copy of ..the recommended Plan from the Planning Commission is contained in the Board's agenda. Supervisor MacManus :moved the Board authorize a public hearing on May 17, 2001 to facilitate the adoption of the CIP and the incorporation of year one capital expenditures in the FY01-02 budget process. Staff was directed to provide the .Board with a copy of the details. associated with the CIP prior to the public. hearing. 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. Richard O. `Childress, Director of Emergency Management, requested the Board. approve a Resolution to Appropriate $30,000 From .the Unappropriated Fund Balance. of the E-91,1 Fund for Consulting Services: He stated the Central Dispatching Committee interviewed the top two (2} vendors and recommends approval of the. contract to cover. only phase one (1). He noted the phase includes the contractor's analysis of the County's . current system, gathering of other data and presentation of his proposals into a f nal report for a fixed. fee of $30,000. Supervisor Bradshaw noted the contract under consideration contains all phases and he would recommend that the Board consider a contract that contains only phase one (1). Mr. Childress explained the contract lists all the services the vendor can provide and. should the Board decide it wanted the vendor's further 10 oiit ~'iJ ;:-~~ I services, the.Board could do a change order to include one (1) of the other phases. County Attorney Crook advised he reviewed the contract when it was sent to the Committee and he did have suggested changes, but if the Board is approving just phase one (1) then the contract should contain only phase one (1). He stated if the Board decides it wants the vendor to perform phase two (2) then the Board will be looking at a standard rate sheet which he does not agree-with their reimbursement for travel. and living expenses that he addressed in his earlier. comments that have not been addressed in the standard rate sheet, as well as overtime concerns. He advised the .Board they could vote on the $30,000 for phase one (1) and suggested that the contract be subject to his approval which will enable him to make necessary revisions to it. Supervisor Clark moved the Board appropriate $30,000 for Phase I, subject to the County Attorney reworking the contract. 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 M. Long, Director of Public Works, presented a Resolution t~~ Appropriate $63,970 From the Unappropriated Fund Balance of the General Fund for the construction of the Carroll Bridge Convenience Center for. the Board's consideration.. He distributed a cost scenario of items needed to .make the center operational. Supervisor Bradshaw recommended the Board table. the matter and explore other options because the Board is in the middle of c nsidering a very tight budget for the upcoming year. Supervisor Claud reminded the Board that it has an agre ment at the Darden site that expires in June of 2001. He stated th t while he understands Supervisor Bradshaw's concern, he did not believe the Board's options would be any different some months from now. Mr. Long explained in June of 2001 the County is goin to lose the convenience center for that area and this is a replacement for th t center and partial replacement for the Courthouse center. Supervisor Claud moved the Board adopt the following RESOLUTION TO APPROPRIATE SIXTY THREE THOUS, HUNDRED SEVENTY DOLLARS FROM THE UNAPPRO FUND BALANCE OF THE GENERAL FUND FOR 7 CONSTRUCTION OF THE CARROLL BRIDGE CONVE CENTER lution: NINE TED CE 11 aOQ~ ~~ ~r~'~50 WHEREAS, the Board. of Supervisors of the County of Isle of Wight, Virginia has approved the use of funds for the construction of 'the Carroll Bridge Convenience Center site and, WHEREAS, .the. funds in the amount of sixty three thousand nine hundred seventy dollars ($63,970) need to be appropriated from the unappropriated fund balance to cover expenditures for the construction of the Carroll Bridge Convenience Center site in the FY 2000-01 Operating Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that sixty three .thousand .nine hundred seventy dollars ($63,970) from the Unappropriated Fund Balance of the General .Fund be appropriated to the 2000-01 Operating Budget of the County of Isle of Wight.. BE IT FURTHER RESOLVED .that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted (4-1) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion and Supervisor Bradshaw voting against the motion.. // At 7:00 p.m., Supervisor Clark. moved the Board amend its agenda in order to conduct the public .hearings. The motion was adopted unanimously (5-0). // Chairman Bradby called for a public hearing on the following: A. Proposed Budget for the County of Isle of Wight Schools, for Fiscal Year July 1, 2001 Through June 30, 2002. . Chairman Bradby called .for :.persons to speak in favor of or in . opposition to the proposed School Budget.. Diane.. Scott, appearing on behalf of Parents and Friends of Exceptional Students, requested,. the Board adopt the proposed budget as presented .without any reductions. Dr. Patricia Torrence, School Superintendent, stated .the .top program priorities are in the instruction category, teacher retention and teacher. recruitment. She stated meeting State and Federal mandates are r I 12 .. D ~nr~r.~ 2~) ~;:: ~~1J expectations that must be addressed. She stated included in the proposed budget is the inclusion of all Federal program expenses within he Operating Budget. She stated new regulations under the Standards of Le rning (SOL) and Standards of Accreditation (SOA) have increased the . immensely.. She stated her main focus continues to be to pr chool's cost vide the best quality education to our students and to be the best ste ards of the taxpayers' funds. She requested full support of the proposed udget in the amount of $43,131,477. Ravin Wilkerson, President of Isle of Wight Educationa Association, requested the Board approve the proposed School budget an allocate the necessary funds for increases for teachers salaries, even if it means a tax increase in the County. Melia Hellman of Carrollton requested the Board approve the proposed School budget. She noted the applicant pool for tea hers .has not been optimal in the last few years because these positions a e the lowest paid position for college graduates. -She requested the Boar allocate the necessary funds for increases for teachers salaries. Robin Land of Longview Acres spoke in opposition to the proposed. School budget. She stated this is an issue. of fiscal responsi ility with the County's school system. She stated the County's School oard is not owning up to its responsibility of financially governing its s hool system. She stated the proposed budget is a reflection of a School Boa that. spends money without regard to costs .and quality service. She ecommended teachers receive a step plus four (4) salary increase, two Nandi apped buses; additional part-time teachers aides; funding to come ,in co pliance with special education regulations; consolidate 50% to 60% of exis ing in-house vocational programs at Pruden and consolidate the- remainder at one (1) of the high schools; reduce all overhead costs by approximately 10%; reduce current technology costs by 25%; and, reduce athletic costs by 0%. Tom Walters of Smithfield spoke on behalf of the residen s who live in the County on fixed incomes.. He stated these people .are not i a position to face any tax increase. He stated the economy is not in goods ape and this is not a good year for a tax increase. He stated when the Cou ty's tax. base is not generating the revenue, the Board needs to cut back until it does. .Nancy Guill of Rescue -spoke in support of Robin Land s comments. She stated she also supports taxes, but this. is a rural County a d the Board should support a good solid basic education for the children. S e asked why the schools have all this technology when the children are no utilizing the computers. She stated the School budget is not addressing ba ics as much as it should be. Chairman Bradby closed the public hearing and called r comments from the Board. 13 R~ 80~r, 2V ~a~:~ ~60 County Attorney Crook advised the Board that the statute requires .the Board wait seven (?) days .after the public hearing before taking action on the School Budget which should be adopted by May 1st. Supervisor Bradshaw requested. the County Attorney review the fiscal responsibility of the Board. with regards to the School. budget. County Attorney Crook advised the Board does not have line item control over the School budget and that it is a matter of appropriating a certain amount of local. funds. He stated the State has. not increased the funds for the County significantly at this time and the increase in funding is falling on the Board. .Supervisor Clark .requested the County Attorney review the Code of Virginia to determine if it allows the Board to designate amounts of money to certain categories and that these budgetary constraints are binding within those categories.. Supervisor Claud noted the Board would be having another work ..session on the Operating. Budget at which time the School Board budget will be reviewed. He noted this would be done in time for the Board to approve the School Board budget in May.. Chainman Bradby called for a public hearing on the following:. B. An Ordinance to Amend the Enhanced Emergency Telephone Service Tax Ordinance to Set the Fee at $3.00 Per Month Chairman Bradby called for persons to speak in favor of or in opposition to the proposed Ordinance. Angelo Sustaire of Carrollton spoke in favor of the tax increase for the ' 911 funding fee. He stated he was in favor of whatever it takes to generate the necessary revenue to have 24 hours, .seven (7) days a week ALS response teams for the residents of the County. He briefed the Board. on a recent medical emergency in which he was having a heart attack and did not receive an ALS team. Supervisor Clark informed Mr. Sustaire that his situation was addressed by the Board at a recent meeting wherein the Board requested the Director of Emergency Management .bring back to the Board a recommendation on how the County can incorporate 24 .hours ALS. Jenny Outright, VLS Technician at the Isle of Wight Rescue Squad, addressed the Board concerning Mr. Sustaire's recent need for .emergency medical attention. She stated that while a heart attack is a ALS call and ALS technicians should. have been dispatched to his call, but VLS i E 14 i a o ~~, . 26~ ~,:._ 161 technicians are allowed to administer oxygen and call for ALS. i route.. She stated VLS personnel are also allowed to shock a patient if nec ssary. She stated VLS crews can contact hospitals to advise they are in ro to which is much better than a patient driving to the hospital in a car. Sh .stated that just because a citizen calls 911 does not mean that the itizen .will necessarily receive a ALS technician, even if the County hire additional ALS personnel because there may be several calls simultaneous) . Chairman Bradby closed the public hearing and called fo~ comments from the Board. Supervisor Claud moved the Board adopt the following Ordnance: AN ORDINANCE TO AMEND THE ENHANC D EMERGENCY TELEPHONE SERVICE TAX ORD ANCE TO SET TI-IE FEE AT 3.00 PER MONTH WHEREAS, the Board of Supervisors of Isle of Wight ounty, Virginia. adopted an Ordinance to amend the Enhanced Emergency Telephone Service ~i~ax Ordinance on January 26, 2001, to set the fee at $3.00 per month and, WHEREAS, the amendment to said Ordinance was not cle r as to the actual setting of the fee and thus it is necessary to adopt this amend ent to clarify the amount of the fee being assessed so as to avoid any ambiguity co cerning same. NOW, THEREFORE, be it and it is hereby ordained by the Board of Supervisors of Isle of Wight County, Virginia, that Section 15-1 .2 of the Code of Isle of Wight County, Virginia, is amended effective January 26 2001, to read as follows: Section 15-16.2. Imposed; amount purpose. There is .hereby imposed and levied upon every consu er of local telephone service, or services provided by any corporations subject to the provisions of Title 58.1, Chapter 26 (§ 58.1-2600, et seq.), a monthly fee of $3.00. Any subscriber to individual teleph ne services who resides in a nursing home or similar adult care facility is exempted from the payment of the tax. The motion was adopted with Supervisors MacMan s, Bradby, Bradshaw, .Clark and Claud voting in favor of the motion (-0) and no Supervisors .voting against the motion. Chairman Bradby called for a public hearing on the followi C. Renewal of the Knoxville Agricultural District. 15 8041 `~~ ~;,~ ~62 Chairman Bradby called for persons to speak in favor of or in opposition to the proposed renewal. Mr. Hartley briefed the Board ` on the purpose of an agricultural district. He advised that the Johnny Spivey Family Trust is requesting that it be removed from this district at this time. He stated the Planning. Commission. and the Agricultural Forestall Advisory Committee and both t recommend approval. Chairman Bradby closed the public hearing and called- for comments from the Board. Supervisor Bradshaw moved the Board approve the renewal, with the exclusion of the Johnny Spivey Family Trust property. 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 Bradby called for a public hearing on the following: D. The application of Windsor Woods, LLC to amend NC-C-R l , Conditional Residential Limited Zoning of the Windsor. Woods Subdivision located on the east side of Courthouse Highway (Route 2S8) between Five Forks Road (Route 606) and Court Street (Route 610) in Windsor.Magsterial District. The purpose of the request is to increase the number of single family lots in the subdivision from 78 lots to no more than 121 lots, as conditioned. Chairman Bradby called. for persons. to speak in favor of or in apposition to the proposed .application. William Riddick, Attorney, representing the applicant, stated per the Board's direction at its July 20, 2000 meeting. the applicant has, on two (2) occasionsmet with the residents of Windsor Woods at the Windsor Town Hall to addresstheirconcerns with larger and fewer lots and to maintain to the greatest extent possible the origina178 lots design. He stated as a result of the September 6, 2000 meeting the .plans were redesigned which eliminated one (1) cul-de-sac, leaving 121 lots versus 124 lots, and created a common area at the entrance to the subdivision to place a monument sign to be designed by the residents. He stated also proposed is an additional common area if the Town of Windsor or the homeowners association will maintain it, or it .not, it will be added to an adjacent lot. He stated this design was presented at a community meeting on .October 25, 2000 and although they liked the design better and larger lots. in the front, they still objected to the number of lots because they would prefer. to see 110 lots. He stated the .new lots have been designed in strict accordance with both the 1 D 16 a~~~~. 2~ ~~;163 1 1 Town of Windsor Subdivision and Zoning .Ordinances, as well as the County's ordinances. He stated the applicant has voluntarily .proffered $2,000 per lot for the 33 additional lots over and above the 78 lots that were previously approved. He stated the only reason that more lots were shown when the property was originally rezoned because the applicants knew the front portion of the property did not perk. He stated. the HRSD sewer system. will :make it possible for the property to now be developed. He~ stated as a result of the redesign, there is now better traffic flow, larger and fewer lots,-improved signage and it is a good project. John Wright, managing member of Windsor Woods, LLC, stated all that can be done has been done to satisfy the concerns .of the residents. He further stated economics drive. the decisions made and by reducing. the number of lots, gross revenue on the project has been reduced in excess of $100,000. He stated in development work, the risk must be limited with the reward, and sewer will be brought into. eleven (11) lots that currently do not perk that can not be built on without sewer. He stated it is an economic issue for him as a developer in .order to be able to afford sewer in and the 121 lots overall in the development make the reward worth the risk. He stated without being able to do it, it creates a hardship on the developer and a hardship on the .residents located there who want it developed. He stated he believes he has .provided the residents what they thought they wanted when they bought in the subdivision. He stated he sold lots to approximately seventeen (17) of the residents in the subdivision and he can not control the information supplied to the other half of the residents that. live in the neighborhood. He requested the Board approve the application so that sewer can be brought in and the development completed. He stated if the Board can not approve the application, he .would ask the Board to suggest to him what he can do with a vacant piece of land that can never be built on under its current zoning. Responding to questions by Supervisor Clark on whether a plat was put to record and the developer knew the lots in the front did not perk, Mr. Wright replied that what was originally platted, all soils perked in 1988. He stated under the current law, these lots can not be built with any type of septic system. 1 Darrin Stouffer, resident of Windsor Woods, stated he believes that promoting a greater exceleration of residential growthat this time would be unwise and not in the best interest of the County or the community. He asked if by adding an additional 43 lots, equating to $86,000 in proffers and a $5,000 sign at its. entrance is going to help alleviate the already under- funded County's fiscal needs. He stated at a time that the Board is already considering raising taxes, why would the Board consider allowing something that .would have an even greater negative impact on constituent's pocketbooks? He stated the .Town of .Windsor is being presumptuous in saying what they want in an area that is currently. the County and currently resides. County residents. He said the residents have made very clear their 17 ~~,t 2~ -~:~1fi4 idea of what that subdivision was when they bought into it and .what they want itto remain. He stated larger lots would add to the character of a small town which is already smi-rural and lead to the ..quality. of life already enjoyed in the County. Clint Osborne, resident of Windsor. Woods, .stated the developers have done everything possible up .until now to meet ,with the. residents and come to a compromise. He stated reducing the 124 lots to 121 lots is not a compromise. He stated ..the residents have more than "just for profit" concerns and they put their families' futures on the line. based on what they were told. He presented a brochure which was shown to his family before they bought their lot depicting the 78 lots.. He stated growth is good and he does want his. neighborhood completed, but. uncontrolled development is not what he wants. He stated it must. be supported by logistics, government, finances, industrial growth and cash proffers. He stated a $2,000 -cash proffer is substandard and recommended a more appropriate amount of $10,000. He stated the difference of $8,000 on a 43 lot increase is approximately $344,000, notwithstanding the $150,000 to $175,000 required for a street light due to the higher impact.of traffic on Route 258 which already has the highest accident rate in the County. He stated this adds up to a $500,000 burden for. the taxpayers.. He requested the .Board to send the. developer a clear message to do what he said he was going to do the first time and if you make a plan, plan on sticking to it. William .Saunders, a resident of Windsor Woods, .stated the developer did .not make a sufficient compromise.. He expressed. a concern with driveways that open up onto Windsor Way which will hold parked cars. He stated Mr. Wright is concerned about the eleven (11) lots in the. original 78 not being able to be developed without running sewage to .them, however, .the next public hearing is for him to vacate those lots, .which is confusing. He stated the resident's desire is for a total of 110 lots, no driveways backing out onto Windsor Way and minimum half-acre lots: Michelle Harper, a resident of Windsor Woods,: requested those in opposition to the proposed application stand. She stated she built her home in 1999 and 78 lots were. represented to them through Waverton Builders. She advised that the majority. of the. residents do not approve of the proposed 121 lots and the overall density .and size of the lots: She also noted safety issues, but agreed that most residents believe Mr. Wright has proposed a better configuration.. She noted most residents desire at least ahalf--acre minimum lot size.. Chairman Bradby closed- the public hearing and. called for comments from the Board. Chairman Bradby .expressed a concern with the application because the developer represented there would be 781ots in the subdivision, not 121 lots. 1 ,18 ,•. ao~.~~. 2J ~r:.-165 1 Supervisor Clark agreed with Chairman Bradby. He stated he understands that regulations can change in mid-stream during development, however, the developer did not request the rezoning when the requirements changed and lots were continued to be sold to residents with the representation that it would be a 78 home subdivision. Supervisor Bradshaw thanked the citizens of Windsor Woods for the professional manner in which they addressed this issue and their work. with the .developer in this regard. He stated the residents are not against growth and they want this property developed. and he commends them for this. Supervisor MacManus stated there is a desperate need for homes. in the Windsor area and the developer was requested last Fall to work with the citizens to come up with something acceptable for the citizens of Windsor and this County.. He stated he does not think this is a good deal for the citizens of this County, nor the citizens of Windsor. He stated there has not been sufficient compromise to put a good project in front of the Board for the people of the County. 1 Supervisor Claud reiterated a need for homes in the Windsor area. 1-le stated that -while he feels the developer has returned with a better plan than originally proposed, the direction from the Board was for the developer to try to reach a 'compromise .with the citizens. He stated the parcel was rezoned and proffered that there. would only be 78 lots and there has to be a plan worked out that the citizens can live with and the developer can work with and without this he can not support the application. Supervisor Clark moved the Board deny the application. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion Chairman Bradby called for a public hearing on the following: 1 E. An Ordinance to Vacate Certain Lots, Rights of Way and Easements. Shown on a Plat of Subdivision Entitled "Subdivision Plat of Windsor Woods Windsor Magisterial District Isle of Wight County, Virginia. Scale: 1" = 100' March 28, 1990" Made by Art-Ray Corporation, and Recorded in Plat Cabinet 2, Slide 26, Pages 16 and 17 in the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia on or About September 26, l 995. Chai:nman Bradby called for citizens to speak in favor of or in opposition to the proposed Ordinance. 19 aoc~f. 2tl .~~266 William Riddick, Attorney, stated .the reason for the filing of a vacation for the lots is .that no matter what the decision on .the previous application, lots 35 through 56 .need to be vacated. He stated had the application been approved, these lots would have to be reconfigured, but now that the Board has denied the application, he is requesting: that the :.Board adopt this ordinance to permit the lot lines to be vacated. He stated what happens with it will be determined at a later date,. but they can't be sold as building lots or developed and the developer will be taxed on them as building lots. Darrin Stouffer suggested the developer could dedicate the property to the public for a park which would also serve as a_ tax write-off for the developer. He further suggested that the developer could still rune sewage and develop those lots. He said if it is the cost that matters, the developer could pass that cost along to the consumer. Michelle Harper stated .the plat vacation does not serve. as an advantage to the current residents except for the potential of the developer being able to reconfigure the lots. She noted that the vacation would allow the developer in the future to redraw the lines as he wishes. She expressed. a concern. with the Board. approving. the vacation .and a similar application being presented by the developer to the Town of Windsor. William Saunders stated he understands there are -two (2) .ways to vacate a lot, one (1) of which is to adopt an ordinance. He stated by asking the Board. to adopt an ordinance could be a way by .which the- developer could avoid the adjacent property owners. He stated once the lines are able to be redrawn, the developer could be able to minimize the size of the lots in those areas in the original 78 plat. He stated the neighborhood covenant does not stipulate the sub-dividing ofthe original 78 lots. Clint Osborne stated .the vacancy requested is for 38 through 56 and join with lots 37 and 57 through 62, otherwise. known as residents. He recommended the developer seek the .help. of tax experts to resolve his. tax concerns. Chairman Bradby closed the public hearing and called. for comments from the Board. .Supervisor Clark asked Attorney Riddick if the reason for the request for vacation is for tax issues. Attorney Riddick replied that the lots are being taxed as a per lot building lot and as acreage, it will be taxed at a lower rate.. He stated the developer's next option may be to downzone the ..property because if he is never going to be able to develop the property, there is no need to keep it in its current zoning condition. 20 1 3~~~f 2~ :.: ~fi7 Supervisor .Claud stated the Commissioner of Revenue recently informed him that if a developer. had. a lot that did not perk and he received. documentation from the Health Department that the lot would not perk then the lot can be reverted back and taxed as acreage and not as a platted lot. He stated there is no financial loss to the developer from that standpoint. He stated when a vacation of a plat is requested he questions the real intent of the owner concerning the land. He stated if the owner of the land can't build on it and his intent is to convert it to agricultural use, then he would like to see the vacation of the plat and the application of what he plans to do with the land at the same time so that he knows. what exactly will happen to the property. Supervisor MacManus inquired if there are maintenance .differences for platted versus non-platted land. LJ County Attorney Crook stated the owner is .required to keep the grass cut on subdivided lots.. He further stated it use to be that if a platted subdivision was .used for agricultural purposes. and not developed, then it was not taxed as a subdivision, it was taxed as agriculture use. He stated this has been changed by the General Assembly so that if a subdivision is zoned residential then taxing of individual residential lots kicks in. He noted in summary, there is a tax and maintenance advantage to vacation cif lots. Chairman Bradby stated the developer did not seem to have an answer. for the. future plans of the property which concerns him. Supervisor MacManus moved the Board deny the request and not adopt the Ordinance. 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 Bradby called for a public hearing on the following application: 1 F. The application of M. D. Spivey, owner and Sandy Bottom Materials, operator to amend a Conditional Use Permit approved for the excavation of eight acres off the east side of Longview Drive on Spivey Lane, Windsor, in Newport Magisterial District. The amendment is to enlarge the excavation area from eight acres to eighteen acres and extend the life of the permit for five years from the date of this approval. Chairman Bradby called for persons to speak in favor of or in opposition to the following application. Joshua Pretlow, Attorney, representing the owner, stated the request is to enlarge the existing pond which will also be used for irrigation once it is 21 complete. He stated the Planning Commission approved the application, subject to three (3) conditions. He stated this. produces: taxes, however, requires no new services from the County, improves the farm capability for agriculture and also provides a needed service for industries.- Phi:1 Gorsey of Oliver Drive stated since the Board mandated three (3) conditions of the permit that was granted January 20, 2000, he has not received .any complaints of any personal vehicles being forced into a ditch by a dump truck or any school buses being forced off the road. He stated, .consequently, the safety issues have been: resolved -and he would .ask that these three (3) conditions continue to be reiterated ~so that the safety of the .residents in that area can be maintained. Mr. Hartley stated. the Planning Commission also recommended that some. additional. information be provided before bonds are issued as recommended by the Environmental. Planner. He advised that the three (3) conditions established in the 2000 application were as follows: 1) the hours of operation are from 7:00 a.m. until 5:00 p.m., Monday through Saturday, 2}all trucks will enter and exit on the southerly route as shown on the sketch and any hauling truck access by way of Oliver Drive shall be prohibited and " 3) no tractor trailers are permitted to use the pit. He stated staff. further recommended delineation of the flood plain and delineation of the resource protection area and the Planning Commission recommended that the site not be used for a wetlands mitigation-site. Chairman Bradby closed. the public :hearing and called for comments from the Board. Supervisor Bradshaw stated he has never supported the expansion of borrow pits because they. do not bring revenues to the County and the General Assembly. did not support the County's request for additional taxation to be able to tax depletion of sand removal from. the County. Supervisor Clark moved the Board approve the application of M. D. ..Spivey,. with the six (6) conditions, as referenced. The motion was adopted (4-1) with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion and Supervisor Bradshaw voting against the motion. Chairman Bradby called for a public hearing on the following: G. The application of G&L Partnership for a change in zoning classification from RAC to Conditional General Commercial of 3.86 acres of land. Said land is located on the south side of Brewer's Neck Boulevard (Routes. 258 & 32) east of New.. Towne Haven Lane (Route 7I 1) and west of Deep Bottom Drive. (Route 662) in Newport Magisterial District. The purpose of the application is for wholesale/retail sales and an antique shop as conditioned.. 22 .. Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed application. Mitch Wilcox, Engineer, Commonwealth Engineering, stated the Planning Commission, after being presented with additional information on wetlands, soil testing, BMPs and a rendering of what .the site would look like, voted for approval. Supervisor Clark stated he has. received calls on the type of buildings the County is approving along its major thoroughfares. Mr. Wilcox stated the building is heavily landscaped and set back eighty (80) feet from the road. He stated he doubted if by driving by the metal side of the building would be visible. He offered that if there arc additional trees the Board would like placed that the Board thought would: screen the building better he did not believe the applicant would ha~~e a problem planting them. Supervisor Clark asked Mr. Hartley if the applicant could proffer that some additional trees of a certain height could be planted to soften the view of the metal. Supervisor Bradshaw recommended that Mr. Hartley work with. the applicant to satisfy the concerns of Supervisor Clark. Mr. Wilcox noted there would be in excess of thirty (30) trees planted which reach a height of 60-70 feet. He offered to plant some type of Cypress tree if Supervisor Clark thought they might screen the view better. Supervisor Clark noted this would be agreeable to him. He recommended Mr. Wilcox work with Mr. Hartley in this regard. Charleston Heiker of Carrollton referenced the types and condition of -the existing businesses already in the area and inquired about the type of antique shop proposed. Chairman Bradby closed the public heating. and .called for comments from the Board. 1 Supervisor Clark moved the Board approve .the application of G&L Partnership. 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 Bradby called for a public hearing on the following: . 23 eo~~ 2~ ~M.r17~ H. The request of Carrollton. Baptist Church for an exemption to the Highway Corridor Overlay District Requirement of the Zoning Ordinance, specifically Section 4209 C 7 (paving) at 14007 .Carrollton Boulevard, Carrollton. Newport Magisterial District. Tax Map/Parcel Number 34-01-003B. Chairman Bradby called for persons to speak in favor of or in opposition to the proposed request. John Zukosky, Architect, stated the request is for the addition of five (5) classrooms. He requested the Board approve the Church's request for an exemption for paving of the parking lot. He .stated in lieu of paving, a strip will be landscaped which will provide screening from -all directions. He stated the reason for the request for exemption is that the master plan for the church has not been finalized and the parking lot may not stay in its present location. Al Harrup of Carrollton Baptist Church advised the .Board that there ..are three (3) phases, the first of which are the classrooms and bathrooms, followed by family .life center and sanctuary. He stated as the original budget was prepared, an allocation of $30,000 was not included for pavement, which is the reason for the exemption. He stated the Church is . aware of its obligation to the County to keep the property attractive and presentable to everyone, and the Church will do so. He stated the Church would like to pave the parking lot in the third phase. Phil Balsoms, member of Carrollton Baptist Church, stated the Church has already expended a great deal of funds for gravel and site preparation. He stated the expenditure for the parking lot and curb and gutter, required by the County, equals the amount of funds the Church was discussing spending in the first phase and the Church was .hoping the proposal of the screening would be satisfactory. to meet the intent of the Highway Corridor Overlay District in its appearances. ' Chairman Bradby closed the public hearing and called for. comments from the Board. Supervisor Bradshaw stated he is in support of the request, however, in the past, he has taken the position that he does not agree with exemptions regarding the Highway Corridor Overlay District because he does not understand the purpose of it. He stated he would not vote in favor of or in opposition at this time. He stated he would not vote against such a worthy cause. Supervisor Clark moved the Board approve the request of Carrollton Baptist Church. The motion was adopted (4-0) with .Supervisors MacManus, Bradby, Clark and .Claud voting in favor of the motion; Supervisor 24 +. 1 1 ~~~~~. 2J ~~-..171 Bradshaw abstaining from voting on the matter; and, no Supervisor. voting against the motion. Chairman Bradby called for a public hearing on the following: I. The application of James Paul & Carol L. Ellis for a Conditional Use Permit to occupy an existing mobile home for two years . while constructing a single family residence located on one acre of land at 32309 Jenkins Mill Road, Franklin, in Windsor Magisterial District. Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed application. Carol Ellis of Jenkins Mill Road requested the Board's approval of the application to allow her to occupy an .existing mobile home during construction of a single family residence. Chairman Bradby closed the public hearing and called for comments from the Board Supervisor Bradshaw. moved the Board approve the application of James Paul & Carol L. Ellis. 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 take a five (S) minute recess. The motion was adopted unanimously (5-0). // Chairman Bradby 'called for the continuation of the County Administrator's report. Mr. Robertson presented for the Board's consideration information pertaining to a Victim & Witness Assistance grant.. Supervisor Clark moved the Board approve .the grant and accept and appropriate said. funding for the Victim & .Witness Assistance 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 Bradby called for. the County Attorney's report. 25 ao~~ 20 . ~~-172 County Attorney Crook notified the Board. about. two ~(2) flood reclamation properties (Stubbs. and West) that were ready for closing. He recommended. the Board approve. the acquisition of these properties and authorize the Chairman to sign the deed and settlement statement. Supervisor Bradshaw moved the Board approve the acquisition. of these properties and authorize the Chairman. to .sign the necessary documents. 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 he motion. County Attorney Crook advised the Redistricting public hearing is scheduled for. the Board's May 17, 2001 meeting. He stated the Electoral Board is requesting that the Board hold. its public hearing earlier in May. He recommended the Board authorize him to advertise the five (5) member district plan and the seven (7) member district plan and make any variations at its hearing. Supervisor Clark moved the Board set May 3, 2001 at .5:00 p.m. and authorize the County Attorney to advertise the two (2) redistricting plans. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and: no Supervisors voting against the motion. Regarding the issue of the Windsor Special Election, Supervisor Claud advised the House heard the matter yesterday and is awaiting the signature of the Governor at this time. // Chairman Bradby called for Old Business. Regarding the issue of hazard mitigation, County Attorney Crook ,advised that Mr. Andreu has :revised the .specifications which were put out ...for bid immediately. He stated he would have something for the Board's consideration at its next meeting. Supervisor Bradshaw moved the Board direct Mr. Robertson to verify the- funding which has. been proposed to the City of Norfolk and to pursue additional funding and establish a meeting with mitigation personnel in Richmond. Supervisors Macmanus and Bradshaw indicated a willingness to' be present at such meeting, in addition to Margaret Whitley.. 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. 26 .. 1 representative of Charter and express the Board's concern over the :second raising of rates. within a year's timeframe. Supervisor MacManus requested staff to bring back an anticipated .response to the State's survey on how the County is utilizing cash proffers. I/ Chairman .Bradby called for Appointments. Supervisor MacManus moved the Board reappoint Ronald H. Pack to the Industrial .Development Authority. The motion was adopted unanimously (5-0). Supervisor MacManus moved the Board reappoint James .Wesley Brown to the Weflands Board. The motion was adopted unanimously (5-0). Board of Assessors: Supervisor Claud moved the Board appoint James Wesley Holland to the Board of Assessors. The motion was adopted unanimously (5-0). Supervisor MacManus requested additional information regarding he background on the specific attributes needed for such appointments (i.e., time required, general knowledge, etc.) The County Attorney responded to his questions. // 27 a~~~~. ~ ~J ~-; :-.1.73 The Board discussed the need for an additional budget work session and set Wednesday, Apri125, 2001 at 2:00 p.m. for its next work session.. // Chairman Bradby called for New Business. Supervisor MacManus moved the Board direct the County. Attorney to make recommendations so as to narrow the possible exceptions to the County's Smoking Ordinance. 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 direct the Director of Planning and Zoning to encourage the Planning Commission members to participate in the Certification Program and report back to the Board on any member not willing to pursue such certification. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor MacManus requested the County Attorney to meet with the