07-17-2003 Regular MeetingeooK ~ 21:a:;~7U3
REGULAR •MEETING OF THE ISLE OF WIGHT- COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF JULY IN THE
YEAR TWO THOUSAND AND THREE
PRESENT: Richard K. MacManus, Chairman
Stan D. Clark, Vice-Chairman
Fhillip A. Bradshaw
Henry H. Bradby
Robert C. Claud, Sro
Also Attending: Jacob P. Stroman, IV, County Attorney
W. Douglas Casket', County Administrator'
Donald T. Robertson, Assistant
County Administrator/Director of
Human Resources
Carey Mills Storm, RecordingSecretary
Chairman MacManus called the meeting to order at 6:00 p.m.
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Supervisor Bradshaw delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman MacManus called for approval of the agenda.
County Attorney Stroman requested that Item (H) on the Consent
Agenda be removed as this item would be considered at a future meeting.
He further requested that the Board add to Item 10 of its agenda, Closed
Session, eight (8) closed sessions items as follows: two (2) personnel and
legal matters under Sections 2.2 3711.A.1 and A.3; an economic
development item pursuant to Section 2.2-3711.A.5; a contract. matter
pursuant to Section 2.2-3711.A.6; two (2) legal matters pursuant to Section
2.2-3711.A.3; and, .two (2) legal matters requiring advice of counsel
pursuant to Section 2.2-3711.A.7.
Supervisor Claud movedthe. Board approve the Agenda, as amended.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Clark recognized Jonathan Gwaltney for attending the
public meeting tonight as part of his completion of his Eagle Scout award.
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Chairman MacManus indicated the Consent Agenda (Item 2) included
the following items:
A. Planning Commission. and Board of Zoning .Appeals Action
Lists °
B. DEQ/Public Notices for June 30, 2003
C. Letter to the Town of Smithfield on Mallory Pointe
D. Resolution in Support of Virginia's Students
E. Resolution to Approve the Resolution of the .Western Tidewater
Regional Jail Authority Amending the Agreement of November
1, 1990
F. Resolution to Authorize the Submission of a Grant Application
and to Accept and Appropriate Funds for the Triad Program
G. Carrollton Fire Station
H, Donation of Surplus Equipment to Chuckatuck Volunteer Fire
Department
I. Delinquent Real Estate Tax Collection Monthly Report
J. June 19, 2003 Regular Meeting Minutes
Chairman MacManus asked if there were any items for removal.
Supervisor Bradshaw moved the Board adopt the above Consent
Agenda, with the deletion of Item (H), Donation of Surplus Equipment to
Chuckatuck Volunteer Fire Department, as requested by the County
Attorney, The motion was adopted by a vote of (5-0) with Supervisors.
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman MacManus called for Transportation Matters.
James A. Randolph, Planner, presented the summary report of current
transportation. projects for the Board's discussion. He noted the VDOT
Resident Engineer is present for his quarterly appearance and he would
address any concerns of the Board.
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Supervisor Claud noted that the Maple Lane/Town of Windsor and
Blue Ridge Trail projects should be done by the early part of this fiscal year
as the funding is available. He noted that these projects were top priority
and VDOT should make an effort to complete them as soon as possible:
MacFarland Neblett, VDOT Resident Engineer, noted that the Maple
Lane project is a 90-day process and much of its progress will be dependent
upon the weather. He noted that construction on the Blue Ridge Trail
project may be started by the Spring of .2004 and its progress will also be
dependent upon the weather.
Supervisor Claud requested clarification on the Route 460 project:
Mr. Neblett noted that the Town of Windsor would like to extend the
length of the project if at all possible, and because of the time that has gone
by, the information VDOT currently has may need. to be updated.
Supervisor Claud stated there has been no progress over the last
sixteen (16) months with VDOT acquiring the remaining seven (7) right-of-
ways on Muddy Cross Road. He .inquired what VDOT's plans are with
respect to proceeding with acquiring these remaining right-of--ways.
Mr. Neblett offered his assistance, as well as that of his staff, in
conjunction with Supervisor Claud, to set up a meeting within the next 30-
60 days with the remaining landowners who have not dedicated the
necessary rights-of--way to see if they are willing to dedicate.
Supervisor Claud noted that the second phase of Four Square Road
should not be a part of the Muddy Cross project.
Supervisor Bradshaw requested the status of the environmental
approval for Ballard Road.
Mr. Neblett noted that there are a number of agencies involved with
respect to environmental. approval, and VDOT is attempting to obtain the
necessary permits at this time.
Supervisor Bradshaw inquired about the status of Whispering Pines
Trail project.
Mr. Neblett noted that the project is almost complete.
Supervisor Bradshaw notified Mr. Neblett of drainage concerns in the
Camptown area, specifically between Washington and Pocahontas Streets.
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Supervisor Bradshaw requested that Mr. Randolph find out which road
a citizen was referring to when a comment was made that the road was
narrowed when it was repaved.
Supervisor Bradshaw inquired about the status of Dukes Lane.
Mr. Randolph noted that staff is in the process of securing final turn
around,
Supervisor Bradshaw requested that Mr. Neblett contact Mr. Randolph
to establish a date that he can meet on-site at the flood area of the river.
Supervisor Bradshaw inquired about the status of the ditches along the
Carrsville Highway.
Mr. Neblett reported that work has begun.
Supervisor Claud requested the status of the drainage efforts at the
intersection of Five Forks Road and Everetts Road..
Mr. Neblett advised that he was not sure what the plans are to correct
the drainage problem, but that he would discuss it with his staff in the
morning.
Supervisor Bradby thanked staff for the work performed recently at the
Rushmere Volunteer Fire Station. He requested that Mr. Neblett investigate
the drainage problem occurring at Allendale Estates.
Supervisor Clark thanked Mr. Neblett .for the sidewalk work
performed in Battery Park. He requested a status report on the striping of
Reynolds Drive.
Mr. Neblett advised that the road surface must be eighteen (18) feet
wide before edge-line striping can be performed and some of the areas along
Reynolds Drive do not meet this criteria. He offered to see what else can be
done to make this roadway safer for vehicular traffic.
Supervisor Clark requested that Mr. Neblett investigate the drainage
problem still occurring on Merritt Cove. He offered to meet with Mr.
Neblett on-site, if necessary, to see what can be done to alleviate any
standing water.
Supervisor Clark advised that the contractors working at the Eagle
Harbor Subdivision are performing work on the access points on Smith's
Neck Road between the hours of 4:00 p.m. and 6:00 p.m., and it is causing
traffic congestion.
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Mr. Neblett noted he would speak with the. contractors .and request
that this work be done during off-peak traffic hours.
Supervisor Clark inquired about the status of the traffic calming
measures for Gatling Pointe South.
Mr. Neblett advised. that VDOT staff has requested that .the
Homeowners' Association develop. a plan based on certain criteria provided
by VDOT.
Supervisor Clark requested that VDOT coordinate this effort with both
the Gatling Pointe South and Gatling Pointe Subdivisions.
Chairman MaclVlanus inquired about the timetable for the Church
Street/Center Lane improvements.
Mr. Neblett noted that the study should be completed by the end of the
Summer.. He encouraged the Board to continue to bring this issue up with
the Commonwealth Transportation Board.
Chairman MacManus inquired about the timetable for the Benns
Church intersection.
Mr. Neblett offered to get back to the Board on the status of this
project.
Chairman MacManus thanked Mr. Neblett for addressing the concerns
of Mr. Jones with respect to drainage issues on Rattlesnake Trail
Supervisor Bradshaw noted that .the Airway Shopping Center is
currently flooded, and residents in the area have expressed concerns with
respect to the breeding of mosquitoes.
Mr. Randolph advised .that there is a meeting scheduled on Friday,
July 18, 2003 at 10:30 a.m. to address the drainage issue.
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Chairman MacManus called for Citizen's Comments.
Harold West, a resident of the Zuni community, expressed his concern
with deterioration of the water pressure throughout the day at his home. He
stated when the electricity goes off due to storms, the community has no
water because there is no tank. He requested the status of the .grant to
upgrade the Zuni water system.
Diane Stallings also expressed concern with the water pressure at her
home in Zuni. She noted that she is aware that staff is waiting for bids to
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come irr on replacing the water system, and inquired if anything could be
done in the interim to assist the Zuni residents,
Albert Burckard, representing the Isle of Wight Citizens Association,
addressed the Board with respect to the James River Reserve Ghost Fleet.
He noted in the event of an oil spill, it is the County's own shoreline that is
most threatened. In this regard, he requested that the County have an
.agency in the County as a point of contact for the disposal of these ships,
and that the County become more pro-active in the environmental issues,
County Administrator Caskey responded that the Board has gone on
record .and adopted_a resolution, in conjunction with the City of Newport
News, that has been forwarded to the County's Congressional Delegation
requesting that the Ghost Fleet be given attention by Congress .and be
funded for removal, He stated responses have been received from the
Congressional representatives, and he and the Director of. Planning and
Zoning attended a meeting last September sponsored by Congresswoman
Davis and other representatives from State and Federal agencies. He stated
staff is, and will continue to be, involved with this issue.
Chairman MacManus requested that the Director of Public Utilities
address the questions and concerns expressed with respect to the Zuni water
system,
E. Wayne Rountree, P.E., Director of Public Utilities, stated that the
Zuni water system has been awarded a partial grant to replace the water
distribution system. He stated the bids are anticipated to be received on
August 5, 2003, .and the work to complete the entire water distribution
system is scheduled to be completed by the end of January, 2004, which
should .solve approximately 85% to 90% of the pressure problems in Zuni.
He stated staff visited the home of Ms. Stallings this week. and found that
the pressure at the street is much better at the street. than the pressure is at
her home. He stated in this case, she needs to replace the service line from
the street into her home.
Supervisor Bradshaw stated he spoke with Ms. Stallings who
contacted a plumber who verified that there is no stoppage in the service
line.
Chairman MacManus recapped that the bids would be received by
staff by August 5, 2003 and the work completed by January, 2004. He
stated this work will ensure a consistent full pressure at the street. He
inquired if Zuni lost its power more than other areas of the County.
Mr. Rountree .advised that the Zuni water system has an alarm, and
when power is lost, staff is aware within ten (10) minutes, and crews are
dispatched to hook up a generator. He noted that none of the. other water
systems have alarms.
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Supervisor Bradshaw stated he has advocated the replacement of the
water distribution system since he came became a Board member. He stated
nothing has been done to the two (2) water distribution systems in his
district until recently when staff began replacing the water lines at the
Carrsville system. He noted the Zuni water system has been left to
continually declined. He stated the residents who utilize these systems have
been patient for many years and they do not want to wait until January. He
inquired what could be done in the interim for these residents.
Mr. Rountree advised that staff could work with the contractor to get
him. to approach the worst areas first. He stated staff increased the pressure
at the well this week by ten (10) pounds, although he is not aware if any of
the customers have noticed any difference. He stated the pressure can not
be increased much more or there will be serious leaks in the system.
Supervisor Bradby encouraged the Board to take whatever action is
necessary to correct this problem.
Chairman MacManus suggested that perhaps a booster pump could be
installed in the interim, although he is nat sure if this is feasible or if it could
even be installed before the system is replaced. He stated he is not sure if
the .County has a booster. pump available or how quickly one could be
procured, but perhaps staff could review that option.
Chairman MacManus moved that the Board direct staff to review and
report back to the Board at its August 7, 2003 meeting with a
recommendation on what technical options, i.e., a booster pump, that can be
utilized to provide better water pressure for those customers of the Zuni
community while the system is being replaced. The motion was adopted by
a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
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At 7:00 p.m., Supervisor Claud moved the Board amend the order of
its agenda in order to conduct the advertised public hearings. The motion
was adopted unanimously (5-0).
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Chairman MacManus called for a public hearing on the following:
A. An Ordinance. to Amend Chapter 14, Sewage and Sewage
Disposal, Article IX, Collections of Fees, Charges, Etc.. and
Chapter 1.6.1, Water, Article IV, Connections..
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County Attorney Stroman stated that contained in the Board's agenda
is an earlier draft of the Ordinance which omitted sections pertaining to the
amounts of the penalties and collection fee. He distributed copies of the
version adopted by the Board at its .June 19, 2003 and a copy of the properly
advertised Ordinance. He stated the correct version was made available to
the public for inspection: He stated State law requires that a matter be
properly advertised and that a correct version be available for inspection in
the Office of the County Administrator, both of which 'requirements were
met.
Chairman MacManus called .for persons to speak in favor of, or in
opposition to, the proposed Ordinance.
No one appeared.
Chairman MacManus closed. the public hearing and called for
comments from the Board.
Supervisor Claud moved the Board adopt the following Ordinance, as
amended:
AN ORDINANCE TO AMEND CHAPTER 14, SEWERS AND SEWAGE
DISPOSAL, ARTICLE IX, COLLECTION OF FEES, CHARGES, ETC.
AND CHAPTER 16.1, WATER, ARTICLE IV, CONNECTIONS
WHEREAS, the Board of Supervisors has established conditions of
service for. the provision of water and sewer service; and
WHEREAS, it appears that a number of accounts are uncollectable
and the County should adopt a procedure by which these accounts may be
administratively written off; and
WHERAS, it appears that the County should amend its water and
sewer ordinances to facilitate the collection of delinquent accounts which
are deemed collectable.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by
the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 14,
Sewers and Sewage Disposal, Article IX, Collection of Fees, Charges, Etc.
and Chapter 16.1, Water, Article IV, Connections, be amended as follows:
Water Ordinance
Sec. 16.1.17. Conditions of service.
All consumers of water shall be supplied upon the terms of and shall
comply with the following before water is supplied to the premises:
(a) The person desiring water service shall sign a contract
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prepared for that purpose prior to receiving water service.
A separate contract shall be required for each premises;
(b) When a water customer executes a contract for initial
water service, or moves water service account from one
.location to another, a fee of twenty dollars ($20.00) shall
be charged for establishing the new account and turning on
the water at the new location, except as exempted herein;
(c) All water service customers shall pay a deposit prior to the
initiation of water service, except those as exempted
herein. The person desiring water service shall deposit
with the County an amount equal to the average bill for
that category of water customer for which water service is
being requested, including charges for sewer service and
utility taxes based thereon, if any, for four (4) months. The
amount of said deposit shall be determined
administratively, and. adjusted from time to time, as
necessary;
(d) The contract and deposit may be transferred by the County
from the location for which it was initially requested to
.any other location to which the applicant may move, if
within the utility service area of the County;
(e) A customer may be exempted from .the payment of deposit
or new account fee if:
(1) The customer was on a private water system
acquired by the County, and the acquisition included
a deposit previously paid by the customer, which is
transferred to the County with the acquisition of the
water system;
(2) The customer was. on a private water system
acquired. by the County, and the former owner of
said system certifies to the satisfaction of the County
as to the customer's satisfactory payment record; or
(3) A customer has established a satisfactory credit
rating with the County via an existing or previous
water. account.
(t~ Any deposits paid by a water service customer and held by
the County shall be returned, upon request, without
interest, after said deposit has been held by the County for
six (6) consecutive billing cycles provided said account
has. not been delinquent during. this period. Should the
account become delinquent at any time during said six (6)
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consecutive billing cycles the deposit shall be retained by
the County until six (6) consecutive billing cycles have
occurred without any delinquency in payment. Upon the
satisfactory completion of the six (6) consecutive billing
cycles said deposits may be credited to the next bill,. or
returned in cash, provided all outstanding charges and
fees, if any, have been paid.
(g) In the event customer's account is placed for collection,
customer shall. be liable for, in addition to fees charged
for termination of service, an additional administrative
fee of $30.00 to cover costs associated with the
processing of collection of accounts and an additional
fee in the amount of one-third of the outstanding
balance for the costs of collection.
(h) On an annual basis, the Department of Public Utilities
shall prepare a list of accounts deemed to be
uncollectable in accordance with the collection
procedures adopted for the pursuit of uncollectable
accounts. Said list shall be reviewed and approved by
the Finance Department and the County
Administrator. Upon approval of .the County
Administrator these uncollectable funds shall be
administratively written off in accordance with
acceptable accounting methods.
Sewer Ordinance
Sec. 14-46. Collection of unpaid sums.
In the event customer's account is placed for collection,
customer shall be liable for, in addition to fees charged for
termination of service, an administrative fee of $30.00 to
cover the costs associated with the processing of collection
.accounts, and an additional fee in the amount of one-third of
the outstanding balance for the costs of collection. ~N~
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~I7LTIT~Ti4Ti~iGCGCr'"ITT- G'-77IL[TlT[G'1~7I'V~'ICZ
On an annual basis, the Department of Public Utilities shall
prepare a list of accounts deemed to be uncollectable in
accordance with the collection procedures adopted for 'the
pursuit of uncollectable accounts. Said list shall be reviewed
and approved by the Finance Department and the County
Administrator. Upon approval of the County Administrator
these uncollectable funds shall be administratively written
off in accordance with acceptable accounting methods.
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Sec.l4-47. Billing procedure-Generally.
The county shall cause the wastewater meter, where the sewer
rent is based upon metered wastewater discharge, to be read on a
regular basis and shall cause sewer rent bills to be mailed
forthwith following each reading. In the event a meter reading
cannot be obtained for a particular billing period, the sewer bill
may be based upon estimated water usage or wastewater
discharge, with an appropriate adjustment made upon
subsequent meter readings. Sewer rent bills shall similarly be
mailed on a periodic basis with respect to each property subject
to the flat-rate sewer rent. The first sewer bill following
connection to the sewer. system may cover a period longer or
shorter than: the regular billing period (but not for a period
longer than six (6} months),and shall be prorated accordingly, if
the County finds the same desirable in the administration of the
billing procedure.
Sec. 14-48. Same--Billingof sewer charges, etc., with water bill
The amount of any and all sewer charges imposed by the County
shall be shown as separate items from water charges on water
use billing statements and shall be .applicable to all such
statement of charges for water .service rendered on or after the
effective date of these regulations. Sewer payments required by
this article shall be due and payable at the same time as the
water bill. The County shall not accept payment for one service
without payment for the other. Unmetered sewer connections
shall be billed without water usage indicated.
Sec. 14-49. Same--Bills to be mailed to owner's address.
Bills for sewer rent and other services as provided herein shall
be mailed to the owner's address specified in the application for
permit to make the connection. Failure to receive a bill as a
result of incorrect address or otherwise, shall not excuse
nonpayment of the bill or extend the time of payment.
Sec. 14-50. Same--Second billing notice
A second billing notice shall be mailed if payment for all charges
is not received within ~~°°„ " ~` five (5) days from date of
original ma~li~-g due date on bill with a note added that water
service will be shut off if payment is not received in ten (10)
days.
Sec. 14-51. Unpaid charges, etc., to constitute lien.
Any unpaid sewer rent fees or other charges,. together with
penalties and interest thereon, may be collected in the manner
provided. by state law. In addition, the County may require .that
the .water supply be shut off to any property with respect to
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which any sewer charges imposed hereby are delinquent until all
such charges, together with interest, are paid.
The Ordinance was adopted (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman Maclvlanus called for a public hearing on the following:
B. Resolution Requiring the Prohibition of Through Trucks on Old
.Suffolk Road, Route 636.
Chairman MacManus called for. persons to speak in favor of, or in
opposition to, the proposed Resolution.
James A. Randolph, Campbells Chapel Drive, stated the Town of
Windsor has taken apro-active approach in attempting to restrict the
numerous through trucks that pass through the Town.. He recommended that
the Board endorse the request by the Town of Windsor.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Supervisor Claud moved the Board adopt the following Resolution:
RESOLUTION REQUESTING THE PROHIBITION OF THROUGH
TRUCKS ON OLD SUFFOLK ROAD, ROUTE 636
WHEREAS, the Windsor .Town Council has passed a resolution
concerning restricting through trucks, tandem axles and .larger on specific
streets within the Town of Windsor; and,
WHEREAS, East Griffin Street, Route 636 in the Town of Windsor
becomes Old Suffolk Road, Route 636 after leaving the corporate
boundaries of the Town of Windsor; and,
WHEREAS, Through trucks would be prohibited on Route 636
between the Windsor Corporate Limits and Route .460; and,
WHEREAS, The alternate route for through trucks would be Route
460 to Route 610; and,
WHEREAS, .Isle of Wight County through .its Sheriff Department is
willing to enforce the proposed restrictions.
NOW, THEREFORE BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that we request the Virginia Department of
Transportation and the Commonwealth Transportation Board to take all
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necessary actions to provide for the restriction of through trucks, tandem
axles and larger on Old Suffolk Road, Route 636, between Route 460 and
the Windsor Corporate Limits.
The Resolution was adopted (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Chairman MacManus called for a public hearing on the following:
C. The application of Sarah J. Garth et al. for a change in zoning
classification from RAC to Conditional Rural Residential of
approximately 30 acres of land .located on the east side of
Collosse Road .(Route 641),, .3 mile south of Walter's Highway
(Route 258) in the Carrsville Election District. The purpose of
the application is for a single-family residential lot as
conditioned.
Chairman MacManus called for persons to speak in favor of, or in
opposition to, the proposed application.
Durwood Scott, Real .Estate Broker representing the sellers of the
property, noted the property is owned by five (5) individuals who are elderly
and reside out-of-state. He stated the Planning Commission recommended
approval of the rezoning with the cash proffers of $4,000 being secured by a
Deed of Trust and that there would be no further subdivision, including
family member transfers.
Chairman MacManus closed the public hearing and called for
comments from the Board.
Supervisor Bradshaw moved the Board approve the application of
Sarah J. Garth, as conditioned. The motion was adopted (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
Chairman MacManus called fora public hearing on the following:
D. The application of Isle of Wight County Department of Parks &
Recreation to hold the "2003 :Isle of Wight County Fair" on
Thursday, September 11, 2003 through Sunday, September 14,
2003 on 43.9 acres of land adjoining the Courthouse Complex
which is located on the west side of Courthouse Highway (Route
258) in Windsor Election District.
Chairman MacManus called for persons to speak in favor of, or in
opposition to, the proposed application.
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Tom Baise, Chairman of the Isle of Wight County Fair, requested that
the Board approve the application for the County to hold its tenth (l0a')
annual County Fair.
Karen Casey, Department of Parks and Recreation, spoke in support of
the Board approving Mr. Baise's request to hold the tenth (l0a`) annual
County Fair.
Chairman MacManus closed. the public .hearing. and called for
comments fromthe Board,
Supervisor Claud moved the Board approve the application of the Isle
of Wight County Department of Parks and Recreation. The. motion was
adopted (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion, and no Supervisors voting against the
motion.
//
Supervisor Bradshaw moved the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0).
//
Chairman MacManus called for the County Attorney's report.
County Attorney Stroman advised that in the matter of Burckard v.
Board of Zoning Appeals of Isle of Wight County, a hearing. was held on
July 15, 2003 on the Board of Zoning Appeal's (BZA) Special Plea of Lack.
of Standing. He reported that the Court sustained the BZA's Special. Plea,
and this ruling effectively ends the case unless the petitioner seeks a Writ of
Certiorari from the Virginia Supreme Court.
County Attorney Stroman stated he has discussed with the Director of
Public Utilities certain revisions to the lien form that is used for delinquent
rates. He stated while. State law gives counties the power to take advantage
of these liens, the County's current ordinance does not address them
specifically. He recommended two (2) revisions be incorporated to Chapter
16.1 of the water section to add a subsection (c) to Section 16.1-11
providing that all-unpaid bills shall become a lien,
Supervisor Bradshaw pointed out that many farmers in the County rent
out homes, and he did not believe they would be expecting a lien to be
placed on their property should a renter not pay his bill. He stated he did not
disagree with the concept, but he is not sure how the County could educate
the public on this issue. He requested that the process be outlined on how a
lien would be secured, and how would the properly owner would be notified.
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County Attorney Stroman stated this revision is designed for situations
where the bills are significant and to ensure that the County can recover the
funds when the property is transferred.
Chairman MacManus suggested it would be helpful to explore how
this issue is addressed in the neighboring communities of Suffolk and
Chesapeake.
Supervisor Glaud moved the Board- defer action until the Board's
August 7, 2003 meeting. In the meantime, the County Attorney is to provide
the Board with a report on what other surrounding communities are doing
with regard to liens, and if there is similar language contained in their
ordinances. The motion was adopted (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
County Attorney Stroman reported that the renovations to the Isle of
Wight County Courthouse are significantly behind schedule.: He stated, in
addition, the contractor (All Pro) has repeatedly failed to comply with the
contract drawings and specifications. He advised that a Stop Work Order
was issued by staff to the contractor, and he has made a claim on All Pro's
Performance Bond.
//
Chairman MacManus called for the County Administrator's report.
Jonathan W. Hartley, Director of Planning and Zoning, presented a
request of Miller Oil and Artlite Sign Company, Inc. to replace the sign
faces in existing signs at the Miller Oil. Station located at 19417. Brewers
Neck Boulevard, Carrollton, in the St. Luke's Historic District.
Supervisor Bradshaw noted that this intersection is extremely busy
and the sign is in a potential area that VDOT may need to acquire in order to
address transportation concerns. He inquired if this would be an appropriate
time to request that the owner relocate the sign.
Mr. Hartley stated the .sign structure already exists and only the
message board is being proposed for replacement.
Chairman MacManus suggested that if the Board could impose
conditions on its approval, the request could be approved only for the
interim.
County Attorney Stroman stated the issue for approval is the
replacement for an existing sign and the .County's ordinance permits the
placement of existing signs provided that the owner does not attempt to
change the sign.
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Chairman MacManus stated it is a personal concern of his that the
County's .current Zoning Ordinance does not give the County the authority
to do more. He stated issues can be corrected in the future and he looks
forward to greater options when .the Board considers the revised Zoning
Ordinance.
Supervisor Claud moved the Board approve ' the request, as
recommended by the Historic Architectural Review Committee. The motion
was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion, and no Supervisors voting against
the motion.
Mr. Hartley advised the Board that with respect to the matter of the
request of Isle of Wight County for construction of the Administration
Building adjacent to the Courthouse Complex .which is located in the
Courthouse Historic District, the .applicant has advised that he will be
unable to attend the meeting and he recommends the Board table the matter
until the Board's first meeting in August, 2003.
Supervisor Clark moved the Board table the matter .until. the Board's
August 7, 2003 meeting. The motion was adopted (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion, and no Supervisors voting against the motion.
County Administrator. Caskey presented a Resolution of the Board of
Supervisors of Isle of Wight County, Virginia Establishing the County Cash
Proffer Policy which has been updated and which he recommends the Board
adopt.
Supervisor Claud made reference to the Methodology section under
Item B and inquired. if the Resolution should specify this.
County Attorney Stroman stated because the Resolution ties itself to
the Cash Proffer Study that it would not be necessary. He stated he has
noted Supervisor Claud's concern and will ensure that both his .and Mr,
Hartley's office are sensitive to this issue. He further stated under
Methodology there. is a reference to June, 2003 and he would suggest that
the Board amend it to reflect July, 2003°
Supervisor :Clark moved the Board adopt the following Resolution, as
amended changing "June" to "July":
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ISLE OF WIGHT. COUNTY, VIRGINIA ESTABLISHING THE COUNTY
CASH PROFFER POLICY
16
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WHEREAS, Section 15.2-2298 of the Code of Virginia and Section 10305
of the Isle of Wight Zoning Ordinance authorize the acceptance of cash proffers by
Isle of Wight County from rezoning applicants, provided, (i) the rezoning itself
gives rise to the need for the conditions; (ii) the conditions have a reasonable
relation to the rezoning, and (iii) all conditions are in conformity with the Isle of
Wight County Comprehensive Plan; and,
..WHEREAS, the Growth Management and Land Use Provisions of the Isle
of Wight County Comprehensive Plan establish the overall objective of requiring
that future growth pay its fair share of the associated costs for additional public
facilities and services for which new development generates demand; and,
WHEREAS, the Board of Supervisors of Isle of Wight County finds that
rezoning and development of properties for residential use may result in increased
population and a commensurate increase in the. need for capital improvements
required to maintain the levels of service provided by the County; the costs of
certain of the capital improvements which .are reflected in the Capital
Improvements Program and Community Facilities Chapter of the Comprehensive
Plan have been calculated on the basis of a typical new residential unit and the
contribution of each such residential unit to funding of capital improvements
through the tax rate has been calculated; and,
WHEREAS, the Board finds that rezoning and development of properties for
commercial and industrial use may result in more intense use of certain public
facilities and also in increased tax revenue and other economic benefits to the
County; and,
WHEREAS, .the .capital improvements related to new commercial and
industrial development may be analyzed and determined on a site specific basis;
and,
WHEREAS, the Board recognizes that each development proposal presents
circumstances requiring particularized evaluation, with regard to the resulting cost
and benefits accruing to the County.
THEREFORE, BE IT RESOLVED by the Board of Supervisors that the
following shall be the general guidelines for consideration and acceptance of cash
proffers and will be considered by the Board in conjunction with other land use
factors applicable to particular development proposals, and other proffers offered
by rezoning applicants;
I. APPLICABILITY
These guidelines shall be applicable to all rezoning applications.
Amounts set out in this Policy, representing the cost of public facilities and public
capital costs for each typical unit of a development, are general guidelines only.
Individual rezoning applications present .circumstances, which are to be
17
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considered in evaluating applications and proffered conditions. Those
circumstances and factors include:
A. Proffers of dedication or construction of public facilities or land, or of
amenities or facilities available for use in connection with a proposed
development, which decrease the need for use of community facilities existing, or
planned by the County.
B. The economic benefits of industrial and commercial development and
the contribution of a .development proposal to the goal of development properly
apportioned between residential, industrial, and commercial types.
C. The scale of the proposed development and the minimal incremental
effect on community facilities of residential development consisting of only one
additional lot,
In considering voluntary proffered conditions, it is the intent of the Board of
Supervisors to apply this policy as equitably and fairly as possible under the law
and to avoid any greater or lessor economic advantage to any applicant fora
rezoning of property.
II. METHODOLOGY
A. General Considerations:
The impact of proposed developments on public facilities and the need for
capital improvements will be reviewed on a case-by-case basis.
The basis for analyzing the needs to be generated by proposed residential
development, and the economic contribution of the development, shall be
projected capital costs and tax revenues set out in documents referred to below,
Those costs and. revenues are established for typical County residential units.
In general, the revenue generated by commercial and industrial development
is expected to cover the capital costs of fire protection and emergency medical
services. Each proposed development will be reviewed to identify any unusual or
excessive requirement of that nature. No contribution for schools, parks, or
libraries is expected for commercial and industrial applications. The County's
policy with respect to cash proffers in commercial and industrial rezoning shall be
interpreted liberally in order to promote desirable economic development.
B. The cost of needed public facilities as described in Cash Proffer Study,
Isle of Wight. County, Virginia, dated July, 2003 as may be revised and updated
and applicable to each typical single family residential unit are summarized as
follows and shall, in addition to other factors described in this policy, be the basis
for consideration of cash proffers:
18
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Public Schools $9,641
Recreational Facilities 695
County Buildings 362
Fire Stations 437
Rescue Squad 54
TOTAL CASH PROFFER $11,189
C. The cost of needed public facilities for other forms of residential
development have been determined to be as follows, as more fully described in the
Cash Proffer Study:.
Multifamily $13,611
Mobile Home & Other $11,507
III. ANALYSIS OF THE FINANCIAL BENEFITS OF DEVELOPMENT
A. The contribution of a development to public improvements financed
through the tax rate. has been based on the percentage of the tax rate attributable to
debt service over the 20-year period of a general obligation bond, and is more
thoroughly described in the Cash Proffer Study,
B. Analysis of in-kind .donations, such as land or facilities, should be
based on the value set out in the written proffer, or a method agreed upon by the
staff and the applicanto
IV. ADMINISTRATION
Cash proffers when voluntarily submitted by the applicant and accepted by
the Board of Supervisors and made a part of the conditional zoning will be further
evidenced by a demand note to the County of Isle of Wight, without interest, in
the amount of the total aggregate of the proffers. The note will be secured by a
deed of trust of all of the property involved in the rezoning. Upon the payment of
the proffer to the .County on each lot, the lot will be released from the deed of
trust. The County further agrees that the deed of trust to secure the cash proffers
will be subordinated to deeds of trust for financing of development of the property.
V. CAPITAL IMPROVEMENTS PROGRAM.
Consistent with Section 15.2-2239, of the Code of Virginia, the Board of
Supervisors annually adopts the Capital Improvements Program, which
incorporates the Capital Improvements Plan of the School Board.
BE IT FURTHER RESOLVED by the Board of Supervisors that a copy of
this policy shall be provided by staff to all applicants for amendments to the Isle of
Wight County Zoning Ordinance during consultation on submitting an
application.
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The Resolution was. adopted (5-0) with Supervisors MacManus,
Bradby,. Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motione
County Attorney Stroman stated staff has prepared a Proffer Policy
and he is in the process of reviewing it in anticipation of bringing the Board
a report at its next meeting.
Chairman .MacManus moved that the Board direct staff to continue to
bring back to the Board recommendations regarding a Proffer Policy,
including non-cash proffer items that staff would recommend. The motion
was adopted (4-0) with Supervisors. MacManus, Bradby, Clark and Clark
voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Bradshaw absent for the vote.
County Administrator Casket' noted the Board may wish to set a work
session with the Towns of Smithfield and Windsor, their attorneys and
respective staffs to go over .the information contained in the Cash Proffer
Study. "
Chairman MacManus stated Judy Begland, Chairman of the Planning
Commission, has indicated an interest in forming a committee between the
three (3) Planning Commissions of the Towns of Smithfield and Windsor
and. the County on a quarterly basis. He requested that a presentation from
Loudoun County regarding its experience be presented at this meeting.
Supervisor Claud suggested that the Hampton Roads Planning District
Commission staff present the technical aspects of the data.
Supervisor Bradshaw moved the Board authorize staff to set up a
meeting for August 28`h at The Smithfield Center and that staff be directed
to amend the agenda to include, if possible, a presentation by Jim-Burton to
share the Loudoun County story, and to contact the Towns of Smithfield and
Windsor, as well as the Hampton Roads Planning District Commission. The
motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw,
Clark and Claud voting in favor of the motion, and no Supervisors voting
against the motion.
Karen Casey, Parks and Recreation, recommended the Board
adopt the Resolution To Submit The Application For Recreational Access
Road Grant Funds And. To Accept And Appropriate Grant Program Funds
From the Commonwealth Transportation Board.
Supervisor Claud moved the Board adopt the following Resolution and
authorize the County. Administrator to sign and submit the documents as
required by the. Commonwealth Transportation Board to request funding for
the program:
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RESOLUTION TO SUBMIT THE APPLICATION FOR RECREATIONAL
ACCESS ROAD GRANT FUNDS AND TO ACCEPT AND
APPROPRIATE GRANT PROGRAM FUNDS FROM THE
COMMONWEALTH TRANSPORTATION BOARD
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized the submittal of a grant program application
requesting funds from the Commonwealth Transportation Board as set forth
in Section 33.1-23 of the Code of Virginia: and
WHEREAS, the Board of Supervisors of Isle of Wight County has
designated 262 acres of county owned property for the creation of a public
park to be known as the Central County Park and Fairgrounds: and
WHEREAS, the right of way of the proposed access road is provided
by Isle of Wight County at no cost to the Recreational Access Fund: and
WHEREAS, THE Board of Supervisors of Isle of Wight County agree
to appropriate the sum of one hundred thousand dollars $100,000.00 as a
match to funds allocated by the Commonwealth Transportation Board for
the primary access road to the Central County Park and fairgrounds: and
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight hereby requests the
Director of the Department of Conservation and Recreation to designate the
Central County Park and Fairgrounds as a public park, and to recommend to
the Commonwealth Transportation Board that recreational access funds be
allocated for arr access to serve said park: and
BE IT FURTHER RESOLVED, that the Commonwealth
Transportation -Board is hereby requested to allocate the necessary
recreational access funds to provide a suitable access road as hereinbefore
described.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Mr. Robertson. stated for the Board's information that staff would be
developing a comprehensive. County safety policyJprogram to cover all
departments as part of its overall effort to compile and update County
policies.
21
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Supervisor Bradshaw .stated the VML report is negative on the
County, and the County is behind on its safety procedures. He .stated change
will not occur overnight and he requested that Mr. Robertson continue to
work on the programs.
County Administrator Casket' presented a Resolution to Establish a
Vehicle Use Policy for the Board's consideration. He stated the County
Attorney and staff have revised the Resolution and he' recommends the
Board approve it.
Supervisor Claud .moved that the Board adopt the following
Resolution, as amended, to include language "at the scene" where reference
is made to "not to admit responsibility:"
RESOLUTION TO ESTABLISH A
VEHICLE USE POLICY
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia desires to regulate the operation and use of County vehicles in
order to promote the safety and wellbeing of County vehicle operators and
the travelling public; and,
WHEREAS, the proposed Vehicle Use Policy establishes systematic
policies and procedures regarding authorized and unauthorized use, accident
procedures, driver licensing, records, standards, and training; and,
WHEREAS, in order toprovide adequate implementation time, such
policy shall be made effective sixty (60) days from adoption of this
resolution;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County,. Virginia, that the
proposed Vehicle Use Policy be adopted,
The Resolution was adopted (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
//
Chairman MacManus called for Old Business.
Chairman MacManus called for consideration of Item (1), Carrsville
Water System;
E. Wayne Rountree, P.E., Director of Public Utilities, presented
information pertaining to the Carrsville Water System for the Board's
22
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information. He noted that by this time next year, approximately 75% of the
110 customers would be metered.
Supervisor Bradshaw stated this County has taken no action on either
system for years except to maintain it. He stated his neighbor had a fourteen.
(14) section of pipe removed from his driveway that contained twelve (12)
patches. He stated the Board has increased the rates in the past, but it can
not guarantee these citizens that they can wash their clothes or take a
shower.
Chairman MacManus commented that the County has a quote for $1
million to be spent on the Zuni system .and the worst sections of the
Carrsville section have been repaired. He stated the sewage pump stations
are in the CIP for the future to be replaced.. He stated the Board has
recognized that these citizens have not been getting the service as these
residents are paying less than the lowest rate that anyone else in the County
pays.
Supervisor Claud moved that the Board authorize staff to advertise for
public hearing at the Board's August 21, 2003 meeting to increase the non-
metered rate from $16 to $20, effective January 1, 2004. The motion was
adopted (3-2) with Supervisors MacManus, Clark and Claud voting in-favor
of the motion, and Supervisors Bradshaw and Bradby voting against the
motion.
Supervisor Claud moved that the Board .authorize staff to begin
charging metered water rates as .individual portions of the distribution
system are replaced and meters are installed and that the Director of Public
Utilities be given discretion on how to handle customers that will be
changed from non-metered to metered customers January 31, 2004 through
June 30, 2004.. The motion was adopted (3-2) with Supervisors MacManus,
Clark and Claud voting in favor of the motion,. and Supervisors Bradshaw
and Bradby voting against the motion.
Mr. Rountree stated the County's original Water Ordinance contained
a provision that if a customer had a leak through no fault of their own and
fixed the leak on their own, the County had the authority administratively to
make an adjustment in the bill. He stated somehow this provision had
disappeared and he would .like to incorporate that language back in the
amendment considered at the Board's August meeting.
County Attorney Stroman advised that the Board would need a motion
to amend its agenda with a second motion to add this to the public hearing
for the Board's August 21, 2003 meeting.
Supervisor Claud moved that the Board amend the agenda.. The
motion was adopted unanimously (5-0).
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Supervisor Claud moved that the Board direct the Director of Public
Utilities to present the Board with appropriate language to be incorporated
into the Water Ordinance that addresses if a customer has a leak, and fixes
the leak, that staff is given administrative authority to make an adjustment in
that customer's bill for consideration at the Board's August 7, 2003. meeting
for possible inclusion in the public hearing at the Board's August 21, 2003
meeting.. The motion was adopted (4-0) with Supervisors MacManus,
Bradby, Bradshaw and Claud voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Clark absent for the vote..
Chairman MacManus called for consideration of Item (2) under Old
Business, the Archaeological Assessment Cost -Share Agreement and Scope
of Work.
County Administrator Caskey .requested that .the Board adopt the
Agreement, as previously approved. by the County, and appropriate the sum
of $1.0,000 from the contingency fund.
Supervisor Clark moved the Board authorize adoption of the
Archaeological Assessment Cost Share Agreement, as previously approved
by the County Attorney, and appropriate $10,000 from the Contingency
Fund. The motion was adopted (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
//
Chairman MacManus called for New Business.
Supervisor Bradshaw addressed the issue of the recent Perdue farm
closings. He requested that Glenn T. Rountree,. Extension Agent, be present
to address this issue at the Board's August 7, 2003 meeting.
Supervisor Bradshaw moved that the Board direct staff to prepare an
impact assessment and options on what can be done by the County with
respect to the recent Perdue farm. closings. The motion was adopted (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the .motion, and no Supervisors voting against the motion.
Supervisor Clark requested the status of the outfall ditches along
Brewers Neck Boulevard.
Mr. Hartley offered to review the matter and report back to the Board.
Supervisor Clark advised that Mr. Hammock has reported that curbing
in .the Gatling Pointe South Subdivision has never been completed by East
West Partners and he would like Mr. Hartley to list this matter as an action
item.
24
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t
Mr. Hartley advised that he spoke with Branch Lawson last week who
promised to check into the matter and report back.
Supervisor Clark moved that the Board request staff to obtain
information from. the Department of Historic Resources regarding sites and
potential use of maps for identification of historical and archeologically
sensitive sites. The motion was adopted (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Clark requested that staff advise applicants the County
would rather them hold off on any applications until the County's Zoning
Ordinance is adopted, so these applicants do not have to go before the Board
of Zoning Appeals for approval of setback requests.
County Attorney Stroman noted that applicants could also save time
and expense.
Supervisor Bradshaw noted with the change of the new Route 258
Connector to Route 58, signage in this area also needs to be changed to
direct trucks to use this route and also to discuss placement of signage
indicating "No Through Trucks" in the Camptown area. He noted that he
would meet with Mr. Hartley and Mr. Randolph to further discuss the
matter.
With respect to the VACo Awareness Campaign, Supervisor
Bradshaw noted that he would discuss with the County Administrator and,
staff a strategy to move forward, and he would bring back a report to the
Board.
Chairman MacManus moved .that staff provide a written summary to
the Planning Commission when the Board takes action on Planning
Commission actions, so that the Planning Commission will know how the
Board responded and what actions the Board took so that the Planning
Commission can gauge .where the Board is on such issues. The motion was
adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the. motion, and no Supervisors. voting against the
motion.
//
County Attorney Stroman requested a closed session, as follows: a
matter pursuant to Code of Virginia .Section 2.2-3711.A.1 for discussion and
consideration of a personnel matter; four (4) items under Section 2.2-
3711.A.7 concerning specific legal matters requiring advice of counsel, one
(1) item which qualifies under Section 2.2-3711.A.1 and A.4 as a legal
matter and as a personnel matter; a matter under Section 2.2-3711.A.5
25
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concerning discussion pertaining to a perspective business or industry where
no previous announcement has been made; and a matter under Section 2.2-
371`1.A.6 concerning the investment of public funds.
Supervisor Claud moved the Board enter closed session for the reasons
stated by the County Attorney. The motion was .adopted (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion..
Supervisor Bradshaw moved the Board reconvene its meeting. The
motion was adopted unanimously (5-0).
Supervisor Claud moved the Board adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS,. the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and, .
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which 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
Supervisor Bradshaw moved that the matters discussed. by .the Board
in closed session with respect to compensation for personnel be approved.
The motion was adopted (5-0) with Supervisors MacManus, Bradby,.
Bradshaw, Clark. and Claud voting in favor of the motion, and no
Supervisors voting against the motion.
26
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Supervisor Bradshaw moved the Board move its meeting time for its
August 7, 2003 from 2:00 p.m. to 4:00 p.m. and authorize staff to advertise
the change in time in the newspapers. The motion .was adopted (5-0) with
Supervisors. MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
Chairman MacManus moved that the Board direct the County
Attorney to discuss the status of the courtroom addition with the judges to
make them aware of the project status. The motion was adopted.(5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion, and no Supervisors voting against the motion.
//
At 10:15 p.m., Supervisor Claud moved the Board adjourn its meeting..
The motion was adopted unanimously (5-0).
Richard K. MacManus, Chairman
I 27e