07-05-2001 Regular MeetingREGULAR ,MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF JULY 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.
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Chairman Bradby called for Special Presentations.
Chairman Bradby presented the following County employees with
plaques of appreciation for their respective years of service:
Arthur E. Berkley/Ten Years
Karen Stowe/Ten Years
Karen Casey/Five Years
Thomas Davis/Five Years
Dinah EverettlFive Years
Sharon FrixlFive Years
E. Wayne Rountree/Five Years
Marian Sowers/Five Years
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Chairman Bradby indicated the following Consent Agenda included
Items 1, A through E, and asked if there were any items for removal:.
A. Zoning Ordinance Update
B. Resolutions Requesting Watch for Children Signs on
Whippingham Parkway and Holy Point Way
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C. Resolution to Appropriate $230,600 From the Economic
Development Reserve Fund Balance of the General Fund to the
Industrial Development Authority
D. May 31, 2001 Continued Meeting Minutes
E. June 7, 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.
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Chairman Bradby called for Regional .Reports.
Regarding the Southside Mayors and Chairs, Chairman. Bradby
reported that Route 460 and what is going to happen. in the near future was a
primary topic of discussion. He noted a scoping meeting is scheduled for
Monday, July 30, 2001 at the Wakefield Conference Center and extended
an invitation to the other Board members to attend. He noted the study
would take approximately 42-46 months to complete. He noted the location
of Route 460 is important in relation to the impact on the Town of Windsor.
He also noted high-speed rail was also discussed. He advised that the July
meeting of the Southside Mayors and Chairs has been cancelled.
Regarding the Southeastern Public Service Authority, .Supervisor
MacManus reported that SPSA approved its budget at its meeting last
Wednesday which incorporated a further reduction in the tipping fee budget
proposal from $74 to $57.
Supervisor MacManus moved the. Board direct the County
Administrator to write a letter of appreciation to the Virginia Beach City
Council for Wade Kyle's vital part in the reduction of the tipping fee on
behalf of all communities in Hampton Roads. 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 Western Tidewater Regional Jail Authority, Supervisor
Clark noted routine business was discussed..
Supervisor Claud noted that Supervisor Clark had been elected as Vice
Chairman of the.Jail Authority.
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Chairman Bradby called for Transportation Matters.
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Jonathan W. Hartley, Director of Planning and Zoning referred to the
following correspondence received pertaining to transportation efforts:
A. Letter dated June 25, 2001 from Mac Neblett regarding the
request for a speed study on Route 58 Business (Carrsville
Highway) and modification of the size of the speed limit signs.
Supervisor Bradshaw requested Mr. Hartley provide Herbert Boone a
copy of Mr. Neblett's letter.
Supervisor MacManus requested Mr. Hartley provide a copy of Mr.
Neblett's letter to Sheriff Phelps, highlighting. the .62.35 mph percentile
speed recorded.
B. Letter from James S. Givens dated June 21, 2001 advising the
County of changes in State law that affect secondary roads.
Mr. Hartley advised he would provide the Board with a summary of
the status of VDOT projects discussed at the recent quarterly meeting with
the VDOT District Office and Resident Engineer.
.Chairman Bradby requested that the entire section of Holly Point Road
(Route 675) be completed in conjunction with Route 10 improvements.
Supervisor Bradshaw moved the Board direct staff to meet with
VDOT representatives and request that the remainder of Holly Point Road
be added to the primary road project for Route 10 . 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.
Following an inquiry from Supervisor Claud on the County's
procedure for grass height violations along. VDOT rights-of--way, County
Attorney Crook requested an opportunity to review the matter further and
report back to the Board at a later date.
Grace Keen addressed traffic on the James River Bridge citing the
number of accidents, as well as the high speed of trucks traveling across the
bridge. She requested that her previous request regarding the diversion of
trafFic on the bridge be re-examined..
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Chairman Bradby called for Citizens Comments.
C. W. Lawrence of Chuckamuck Restaurant requested citizens have
access to a gravesite on privately owned property dating back to .the 1880s
which has been fenced in. County. Attorney Crook stated he had a conflict.
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of interest as he is representing the owners of the property in a boundary line
case against Mr. Lawrence.
Supervisor Clark moved the Board .direct staff to meet with Mr.
Lawrence. and other concerned citizens to determine if there is a public
access .issue or other statutory violation with regard to the cemetery and to
report back to the Board in 30 days. 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.
William Carter spoke to the Board on the history of the same cemetery
in question which has been denied public access.
Grace Keen requested that any quarterly meetings which may be
planned between the Board and the Peninsula Housing and Builders
Association be open for citizen participation. She also noted the
Beautification Committee is reviewing sites for future Crepe Myrtle
plantings in the County and invited Board members to attend a tour on July
1 l , 2001.
Pat Clark requested the Board's support of Ragged Island Creek being
designated as an exceptional waterway. He further requested that the public
be invited to attend all quarterly meetings between the Board and the
Peninsula Builders and Housing Association.
Teresa Johnson of Carrollton urged the Board to support the
designation of Ragged Island Creek as an exceptional waterway.
Russ Holleman urged, .the Board to keep the County in control of
Ragged Island Creek and not support the designation of it becoming an
exceptional waterway.
William Riddick, read a letter on behalf of Branch Lawson and East
West Partners urging the .Board to fully consider the potential impacts of
supporting the designation of Ragged Island Creek as an exceptional
waterway. .
Thomas Finderson noted his opposition to the Board meeting quarterly
with the Peninsula Builders and Housing Association. He further urged the
Board to support the designation of Ragged Island Creek as an exceptional
waterway.
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Chairman Bradby called for the Community Development report.
Mr. Hartley presented the issue of the nomination of Ragged Island
Creek as an exceptional waterway for the Board's consideration..
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Supervisor Claud commended the citizens who worked on this project
as it shows that they are concerned with the quality of the waters in the
Creek, as he is. He stated the decision to approve the designation is under
the control of the State Water Control Board. He stated the Board does not
know the pros and cons of this issue and they will not know until the
policies are finalized as to what impact they will have on this County. He
stated there are a number of things in place today whereby the quality `of
Ragged Island Creek can be protected and he does not believe this Board
would be doing the proper thing to recommend that the Board approves and
supports the application when the long-term effects are not known.
Supervisor Clark stated if the Board does not support legislation that
guarantees clean water for today and in the future, then the Board is stating
that clean water is negotiable. He stated if the Board has passed a
Comprehensive Plan that is not consistent with the highest quality of water,
then the Board has failed in one (1) of the basic .things to be done as a
Board. He stated with this designation, the County can have respc,nsible
growth.
Chairman Bradby stated it is the. Board's responsibility and .duty
whatever can be done to assure that the quality of water is maintained to
protect our natural resources.
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Supervisor MacManus stated the letter received from DEQ requested
the Board's comments only and he believe
s the Board should provide
comments to reflect its concern. He read a draft response to DEQ's letter to
the Board for its consideration.
Supervisor Bradshaw stated he is not in opposition to the nomination,
however, he does have a concern when the Federal government tells the
County what it can do. He stated where the environment is concerned, he
takes a second approach because it is so important to protect the
environment for future generations. He stated DEQ is requesting only
comments and he does believe the Board should send comments reflective
of not only this Board, but of the entire County.
Supervisor MacManus moved the Board submit the fallowing
comments to DEQ in response to Jean Gregory's letter: "As documented in
Isle of Wight County's recently approved Comprehensive Plan, the Board of
Supervisors strongly endorses the protection and maintenance of the
County's environmentally sensitive areas and the Board, therefore, endorses
the protection of Ragged Island Creek. The designation of Ragged .Island
Creek as an exceptional waterway would, therefore, be consistent with the
existing philosophy currently supported in the County's ordinances. The
Board is concerned, however, with the potential that the designation of
Ragged Island Creek as an exceptional waterway would significantly impact
or preclude future development in the watershed areas of Ragged Island
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Creek. If this designation may result in such restrictions, then the Board
would be opposed to the nomination of Ragged Island Creek as an
exceptional waterway." Staff is to present a draft of the letter to the Board
for its review at its next meeting prior to forwarding same. The motion was
adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud
voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
Mr. Hartley distributed a letter from DEQ
concerning the wetlands impacts on Founders Points.
Chairman Bradby called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, presented the
Board with an update on fluoride. He stated staff has been invited by the
State Health Department to meet with its officials on July 18, 2001
regarding some type of funding from the Virginia Revolving Loan Fund. He
requested permission to begin. the work on transitioning ownership of the
Obrey water system to C&P and Queen Anne's Court from C&P .back to the
County so that compliance with the fluoride requirements can begin.
Supervisor Claud moved the Board authorize the County Attorney to
prepare a deed conveying the Obrey .water system to C&P Isle of Wight
Water Company and to .accept and record the deed conveying the Queen
Anne's Court water system to the County. The motion was adopted with
Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor
of the. motion (5-0) and no Supervisors voting against the motion.
Mr. Rountree stated staff received bids for the sewage pumping station
to serve the Shirley T. Holland Commerce -Park. He stated an economic
development block .grant has been awarded to fund this project in the
amount of $433,000 and the low bid submitted by Peters and White
Construction Company was $267,000.
Supervisor MacManus moved the Board adopt the following
Resolution to Accept and Appropriate Funding From the Virginia
Department of Housing and Community Development in the amount of
$433,301 and approve the low bid of Peters and White Construction
Company in the amount of $267,340 and authorize the Chairman to sign the
construction contracts .after review and approval by staff and the County
Attorney:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FROM
THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
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WHEREAS, Isle of Wight County has received a grant award from the
Department of Housing and Community Development to assist with the
construction of a sewage pump station and force main to be located in the
Shirley T. Holland Commerce Park; and,
WHEREAS, funds in the amount of four hundred thirty three thousand
three hundred one dollars ($433,3.01) or as much as shall be received needs
to be accepted and appropriated to the appropriate line item in the FY 2001-
02 budget of the County of Isle of Wight.
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia accepts
and appropriates funds in the amount of four hundred thirty three thousand
three hundred one dollars ($433,301) or as much as shall be received from
the Virginia Department Housing and Community Development to the FY
2001-02 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 and to do all things necessary to give this resolution
effect.
The motion was adopted with Supervisors MacManus, Bradshaw,
Bradby, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Mr. Rountree stated in July of 1999 the Board authorized the
engineering firm of Gannet Fleming to begin design work on water
improvements in the southern end.. He stated he has received a change order
from Gannet Fleming in the amount of $40,000 for .approximately nine (9)
different items, as listed in the agenda, some of which are related to this
project specifically and some are related to other efforts. He stated the
Board has already awarded the construction contract to Peters and White
Construction Company for $300,000 and as part of the change order, staff
has been working with them and modified .some design that will result in
sufficient savings to pay for the change order. He suggested unencumbering
$30,000 for Peters and White and authorize the payment to go to Gannett
Fleming.
Supervisor Bradshaw noted there are discrepancies in the change
order. He pointed out that if items 1-9 are added up on the. change order, the
amount is $26,000 with no clarification for the $14,000 added at the bottom.
Supervisor Bradshaw moved: the Board direct the Director of Public
Utilities meet with the Director of Budget and Finance to review the amount
of the proposed change order and come back with a recommendation to the
Board at its next meeting.. The motion was adopted with Supervisors
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MacManus, Bradshaw, Bradby, Clark .and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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Chairman Bradby called for the Economic Development report.
There was no report offered for discussion by the Board.
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Chairman Bradby called for the Parks and Recreation report.
There was no report offered for discussion. by the Board.
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Chairman Bradby called for the Emergency Management report
Richard O. Childress, Director of Emergency Management, reported
.that the Committee the Board previously selected to meet with. the Isle of
Wight Volunteer Rescue Squad representatives met Sunday evening.
Supervisor MacManus noted situations were discussed where there
was no coverage within the IOW Rescue Squad because volunteers do not
show up, as well as a number of situations where the overabundance of calls
has overwhelmed the staff on duty. at the time. He noted there are a number
of different issues that were agreed upon to be pursued and which should be
.followed up with as part of discussions in the Intergovernmental Committee
between the County and the Town of Smithfield.. He stated currently there
is a need for ambulance service in the Carrollton area and the volunteers
have to come in to pick up the ambulance at the IOW rescue facility and
drive it back to the Carrollton area. It was suggested locating the IOW
Rescue ambulances in a temporary facility in the Carrollton area for
immediate access in that area until the building is expanded at the Carrollton
Volunteer Fire Department.. Secondly, it was suggested that incentives for
existing volunteers be investigated as currently Windsor has a level of
incentives for their current volunteers in their rescue squad that do not exist
with the IOW rescue squad. Thirdly, a promotion for recruitment of new
volunteers to beef up the existing members, i.e., newspaper ads,. spots on
television with Prime. Media where community coverage is offered. The
potential for additional ALS coverage on weekends was discussed, including
the potential for hiring a level of coverage for ALS on the weekends. The
concept of investigating the fee for service was also supported by the IOW
Rescue Squad to reduce potential nuisance calls, as well as create a revenue
stream.
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Mr. Childress stated. on July 2, 2001, Nansemond/Suffolk Volunteer
Rescue Squad began staffing an ambulance at the Chuckatuck Volunteer
Fire Department. He stated Monday through Friday, during daylight hours,
there is a paid ALS provider located there and they have offered him that
unit as a mutual aid asset to the County. He stated on Monday evening,. the
Captain of the Isle of Wight Rescue Squad tendered his. resignation effective
August 1, 2001. He stated he spoke with the Carrollton Volunteer Fire
Department Assistant Chief who is interested in locating an ambulance at
that location, if desired.
Mr. Childress presented an update on citizen involvement in disaster
preparation. He advised that the local chapter of the American Red Cross
would be conducting a training session on July 21, 2001 at the Courthouse
Complex.
Mr. Childress .presented a request for. funding from the Tidewater
Emergency Medical Services Council (TEMSC) for a fee assessment in the
amount of $625 for the- Board's consideration.
Supervisor Clark moved the Board approve the request for funding in
the amount of $625 for the fee assessment as requested by the TEMSC. The
motion was adopted with. Supervisors MacManus, Bradshaw, Bradby, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
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Chairman Bradby called for the County Administrator's report.
Donald T. Robertson, Assistant County .Administrator/Director of
Human Resources, briefed the Board on a session sponsored by VACo
concerning mosquito control, with emphasis placed on surveillance and
testing. He stated officials from the Cities of Suffolk and Chesapeake have
indicated a desire to provide staff from their own departments to assist the
County if the County would cover them at cost.
County Administrator Caskey presented a request by the Peninsula
Housing and Builders Association. regarding scheduling of quarterly
meetings between staff and elected officials and representatives from the
Association's membership.
Debra Darr, Peninsula. Housing and Builders Association, stated the
concept is to have two (2) parties involved so that issues don't arise down
the road that are confrontational
Supervisor Clark inquired if the public could be in attendance. He
stated if general principles are discussed there is no reason the general
public can not have full access to discussions.
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Ms. Darr stated in theory this is a meeting to educate each other and
work within various regulations, however, she would be willing to take the
issue of an open forum back to the Association for its consideration.
Chairman Bradby stated he had a problem when the general public. is
deprived of attending a meeting that may have an effect on them as citizens
of the County. He requested Ms. Darr explain this to the Association.
Supervisor Bradshaw moved the Board direct staff and the County
Attorney to review this request :and.. provide they Board with additional
information to bring back at a later meeting. The County Attorney is to
provide his legal opinion as far as the requirements of a meeting and staff
report on the James City County and York County and their discussions with
those ,respective staff. The motion was adopted with Supervisors
MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the
motion (S-0) and no Supervisors voting against the motion.
Anne F. Seward, Director of Budget and Finance,. presented a contract
to purchase appraisal software in the amount of $27,000 with an annual
renewal fee of $3,500.
Supervisor Clark moved the Board approve the contract pursuant to
the review and recommendation of 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.
Mr. Robertson distributed correspondence from FEMA indicating the
Federal Government's commitment to obligating the funds necessary to
cover the cost over-runs for the flood elevation project. He stated it appears
all of the funding pieces are in place. He noted he had also spoken with the
Project Manager today who advised overall things are looking good with the
elevations. Supervisor .Bradshaw advised that. the Thompson home in
Colossee underwent elevation this week.
County Administrator Caskey distributed an agenda for the upcoming
LGOC Conference in Charlottesville for the Board's information. He noted
he .would be contacting each Board member relative to their interest in
attending the conference. He stated in anticipation of this, staff has already
made the necessary lodging arrangements.
County. Administrator Caskey requested Board members interested in
receiving. the Town/Ciry magazine published by VML advise staff so that
their name can be placed on-the subscription list. Supervisor Clark noted he
currently receives the. publication.
Supervisors Bradshaw, MacManus and Claud requested subscriptions.
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated he distributed to the Board a Disclosure
Ordinance amendment prior to the meeting in which the applicant for a
special exception, special use permitor amendment to the Zoning Ordinance
or variance make complete. disclosure of equitable ownership of the real
estate to be affected including the .stockholders, officers and directors of a
corporation and requires .all owners and their agents to state under oath
whether any member of the Planning Commission or governing body has
any interest in such. property.
Supervisor Claud stated he believes this implies that a person is trying
to cover something up .and he does not think there have been any incidences
in the County to cause him to believe this is needed. He stated this sends a
bad message to the citizens and he could not support it.
Supervisor MacManus stated he believes this is saying. that the
County's current disclosure requirements are not being met and he could not
support it either.
Supervisor Bradshaw moved the Board .send the ordinance to the
Planning Commission for public hearing. The motion was adopted (3-2)
with Supervisors Bradby, Bradshaw and Clark voting in favor of the motion
and Supervisors MacManus and Claud voting against the motion.
County Attorney Crook presented an agreement between Norfolk
Southern and the County for a public pedestrian walkway crossing for
Jamestown/Camptown. He stated requested changes were made on the
indemnification by limiting it to what is allowable by law and he believes
paragraphs 1 and 2 and all the indemnification language are contrary to law
and public policy.
Responding to an inquiry from Supervisor Claud if there is currently a
sidewalk in place or is it to be constructed based on approval of this permit,
Beverly Walkup, Senior Planner, advised the sidewalk has been constructed
thirteen (13) feet from- the centerline of the track. She stated the contract
extends the crossing gate eight (8) feet to protect the pedestrians from
crossing when there is a train. coming.
Supervisor Bradshaw moved the Board approve the contract as
presented by the .County Attorney. The motion. was adopted with
Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the
motion (4-0); no Supervisors voting .against the motion; and, Supervisor
Clark absent for the vote.
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County Attorney Crook distributed copies of the delinquent tax
collection contract between James L, Windsor and the County. He advised
the contract is for a two 2
Oyear period and he discussed Mr. Windsor's
request for an increase in the rate per hour with him and Mr. Windsor is
willing to continue the tax collection at the same rate that he agreed to in the
past.
Supervisor MacManus moved the Board approve the two (2) year
contract as presented by the County Attorney. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (S-Q) and no Supervisors voting against the motion.
County Attorney .Crook presented a release of a utility easement from
Robert C. Claud, Sr. and Jean J. Claud for part of the sewer project in the
Town of Windsor. He stated the easement was not needed and he has
prepared the release for Board approval and signature of the Chairman.
Supervisor Claud stated he would abstain from voting and discussion
on the matter.
Supervisor Clark moved the Board authorize the Chairman to sign the
release. The motion.. was adopted with Supervisors MacManus, Bradby,
Bradshaw and Clark voting in favor of the motion (4-0); no Supervisors
voting against the motion; and, Supervisor Claud abstaining from discussion
and voting on the matter.
County Attorney Crook stated he received a call from a member of the
Electoral Board concerning the Congressional Redistricting public hearing
expressing a .concern that all but one of the proposed congressional
redistricting plans would split the County's districts and precincts.
Supervisor Clark moved the Board .authorize the County Attorney to
attend the public hearing on .behalf of the County and represent that the
County is supportive of being in one (1) congressional district. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
County Attorney .Crook advised he had two (2) matters for closed
session later in the meeting.
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Chairman Bradby called for Old Business.
Supervisor MacManus moved the Board direct staff to reiterate to the
General Manager of Charter Communications his previous request for a
build-out map of the County and that same be provided at the Board's July
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19, 2001 meeting. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
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Supervisor MacManus moved the Board direct the County Attorney to
meet with. the appropriate law enforcement officials to advise that there is an
exception for music emulating from churches and synagogues, but this does
not apply to the noise occurring at the recent gathering of the Pagans. 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 direct the County
Administrator to send a letter to all jurisdictions in South Hampton Roads
requesting them to support the County's request for this Blackwater
drainage. area because it does impact the evacuation route of Route 460 and
requesting them to convey their support to VDOT. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (S-0) and no Supervisors voting against the motion.
Supervisor Claud moved the Board direct staff and the County
Attorney prepare a ,reply to the Town of Windsor regarding use of -the
County utility easements for VDOT equipment for the cleaning of ditches.
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 commended the County Attorney, the County
Administrator and the Director of Planning and Zoning on their efforts in
having Yellow Rock Road conveyed.
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Chairman Bradby called for New Business.
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Supervisor MacManus moved the Board direct staff to send a copy of
the information from Mr. Shuemaker concerning rates received from the
YMCA for school uses of the pool, if constructed as planned, to Dr. Decker
and the School Board members. 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 staff to set up a
meeting of the Intergovernmental Committee between the County and the
Town of Smithfield regarding financial information and other pertinent
issues. A meeting with the Town of Windsor is not necessary at this time
unless there is a need by County staff or the Town. of Windsor, he added.
The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,
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Clark and Claud voting in favor of the motion (5-0) and no. Supervisors
voting against the motion.
Regarding a letter sent to County officials concerning the new MAPS
process, Supervisor MacManus inquired. as to who would be attending on
the County's behalf. He requested that this item be placed under .Regional
Reports for updates to the Board.
Supervisor MacManus requested the Director of Planning and Zoning
provide the Board with an update on the activity at 106 Watch Harbor
(Gatling Pointe). He noted there might be some questions with regard to the
RPA boundaries of this lot.
Supervisor MacManus moved the Board direct staff and the County
Attorney to research and provide the Board with an update on what
agreements may have existed for use of the Town water system in support of
Gatling Pointe and Gatling Pointe South, as well as an explanation of the
drop-off in water usage between the Town of Smithfield: and the County in
the Gatling. Pointe, Gatling Pointe South and the Battery Park area. He
.requested this be a part. of the agenda for the meeting when the Board
representatives meet with the .Town of Smithfield (Intergovernmental
Committee). 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.
Concerning the Zoning Ordinance update listed under the Consent.
Agenda, Supervisor Bradshaw moved the Board direct staff to respond to
concerns with having no emphasis placed on the DSD and the feasibility of
setting up the zoning and using the GIS system to provide the Board with
visual display capabilities. 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 Bradby called for Appointments.
Supervisor MacManus moved the Board appoint Tom Hearn to the
Economic Development Committee. The motion was adopted unanimously
(5-0).
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:Grace Keen thanked staff for trimming the boxwoods located at the
front of the Courthouse complex. She also noted that there is a break in the
bench in honor of Joel C. Bradshaw and requested that the company who
supplied the bench be notified. County Administrator Caskey noted he
would look into having the bench repaired.
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Teresa Johnson of Carrollton thanked the Board for considering that
any meetings between the Peninsula. Builders and Housing Association be
open to the public for citizen input.
County Attorney Crook requested a closed session under Section 2.1-
344 A3 of the Freedom of Information Act for advice of counsel and staff
regarding negotiations for acquisition of real property where public
disclosure would adversely affect the County's bargaining position; under
Section 2.1-344 A7 for advice of counsel on a legal matter requiring specific
advice of the County's legal attorney; under Section 2.1-344 A7 for advice
of counsel on an actual litigation matter and a probable litigation .matter; and.
under Section 2.1-344 A 1 concerning two (2) matters of personnel
evaluation.
Supervisor Clark requested a closed session under Section 2.1-344 A3
of the Freedom of Information Act for advice of counsel concernir-g a
property matter.
Supervisor Claud requested a closed session under Section 2.1-344 A7
concerning advice of counsel and under Section 2.1-344A7 concerning a
matter of potential litigation.
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County Administrator Caskey requested a closed session under
Section 2.1-344 A l of the Freedom of Information Act concerning two (2)
personnel matters.
Mr. Small requested a closed session under Section 2.1-344 A3 of the
Freedom of Information Act concerning property acquisition for public
purposes.
Supervisor Clark moved the Board enter closed session for the reasons
stated. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no
Supervisors voting against the motion.
Upon returning to open session, Supervisor Bradshaw moved the
Board adopt the following resolution:
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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,
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;
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NOW, THEREFORE, BE TT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: MacManus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark .and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Concerning the change order for Gannett Fleming addressed under the
Public Utilities report earlier in the meeting, Supervisor. Bradshaw moved
the Board .approve the change order in the amount of $40,000 with Gannett
Fleming. 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 continue its meeting until July
19, 2001 at 5:00 p.m, to discuss personnel 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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Henry H, radby, Chairman
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