01-20-2005 Regular Meeting~BbC~ ~~ rw~ .~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF .JANUARY IN THE
-YEAR TWO THOUSAND AND FIVE
PRESENT: Stan D. Clark, Chairman
Phillip A, Bradshaw, Vice-Chairman
.Henry H. Bradby.
Thomas J. Wright, III
Richard K. MacManus
Also Attending: Jacob P. Stroman, IV, County Attorney
Donald T. Robertson, Assistant
County Administrator/Operations
E. Wayne Rountree, P.E., Assistant County
Administrator/Development
Anne F. Seward, Assistant County Administrator/
Administration
Carey Mills Storm, Recording Secretary "
Chairman Clark called the meeting to order at 6:00 p.m.
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Supervisor Bradby delivered the invocation.
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The Pledge of Allegiance was conducted.
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Chairman .MacManus opened the floor for nominations for Chairman
for the year 2005.
Supervisor MacManus nominated Supervisor Bradshaw as Chairman of
the Board for the year 2005. Supervisor Bradshaw was unanimously elected
as Chairman of theBoard for the year 2005.
Chairman Bradshaw thanked .the Board for allowing him the.
.opportunity to serve. as Chairman. He opened the floor for nominations for
Vice-Chairman for the year 2005. t
Supervisor Bradby nominated Supervisor Wright as Vice-
Chairman of the Board for the year ~ 2005. Supervisor Wright was
unanimously elected as Vice-Chairman of the Board for 2005.
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Chairman Bradshaw opened. the floor. for appointment of Clerk to the
Board for the year 2005.
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Supervisor MacManus moved the Board appoint W. Douglas Caskey as
Clerk to the Board for the year 2005. The motion was adopted by a vote of
(5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in .favor of the motion, and no Supervisors voting against the motion.
Chairman Clark opened the floor for .appointment of the. Recording
Secretary for. the year 2005.
Supervisor MacManus moved the Board appoint. Carey Mills .Storm as
its Recording Secretary for the year 200.5. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no .Supervisors voting against the motion.
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Chairman Bradshaw requested the Board set its meeting schedule for
calendar. year 2005.
Noting aconflict -with the VACo/VML Legislative Day, Supervisor
MacManus suggested that the. first meeting in February be held on Tuesday,
February 8, 2005 at 4:00 p.m. Noting conflicts with his calendar, he
requested .the Board's consideration in changing the .Thursday, March 3,
2005 meeting to .Monday, .March 7, 2005, and the. Thursday, March 4, 2005
meeting to Monday, August 8, 2005. He noted. that the NACo Conference is
scheduled far July 21, 2005, and may also be a conflict. for any member
wanting to attend.
Supervisor Wright noted a conflict with the Thursday, June 2, 2005
meeting, and requested the Board's consideration irr .rescheduling that
meeting to Tuesday, May 31, 2005.
Supervisor Clark moved the. Board: adopt the following regular
meeting dates and times for calendar year 2005:
Thursday, January 20`" at 6:.00 pm.
Tuesday, February 8`h at 4:00 p.m.
Thursday, February 17`" at .6:00 p.m.
Monday, March 7`" at 4:00 p.m.
Thursday, March 17`" at 6:00 p.m. *
Thursday, April 7`" at 4:00 p.m.
Thursday, April 2151 at 6:00 p.m.
Thursday, May 5`" at 4:00 p.m.
Thursday, May 19`" at 6:00 p.m.
Tuesday, May 31st at 4:00 p.m.
..Thursday, June 16`" at 6:00 p.m. *
Thursday, July 7`" at 4:00 p.m.
Thursday, July 215` at 6:00 p.m. *
Monday, August 8`" at 4:00 p.m.
Thursday, August 18`" at 6:00 p.m.
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Thursday, September 1st at 4:00 p.m.
Thursday, September 15`'' at 6:00 p.m. *
Thursday, October 6"' at 4:00 p.m.
Thursday, October. 20`" at 6:00 p.m.
Thursday, November 3`d at 4:00 p.m.
Thursday, November 17`'' at 6:Q0 p.m.
Thursday, December 1 sc at 4:00 p.m.
Thursday, December 15``' at 6:00 p.m.
* Advertised public hearings will be scheduled at 7:00 p.m.
on these regular meeting dates.
The motion was adopted by a vote of (5-0) with .Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
Chairman Bradshaw called for consideration of appointments to .the
committees of theBoard for 2005.
Supervisor MacManus noted that the Fluoride .Committee is no longer
needed, as well as the Investment Committee, and Cablevision Committee.
The Board noted that the Fluoride Committee, the .Investment
Committee and the Cablevision Committee are no longer needed, and
made the following .adjustments to its committees for calendar year
2005:
BUDGET :AND .FINANCE/CIP COMMITTEE
Richard K. MacManus
Phillip A~ Bradshaw
BUILDING & GROUNDS COMMITTEE
Stan D. Clark -
Thomas J. Wright, III
PERSONNEL COMMITTEE
Phillip A. Bradshaw
.Henry H. Bradby
PARKS & RECREATION COMMITTEE
Henry H. Bradby
Stan D. Clark
INTERGOVERNMENTAL RELATIONS
COMMITTEE
Thomas 7. Wright, III
Richard K. MacManus
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.FRANKLIN COMMITTEE
Phillip A. Bradshaw
Thomas J. Wright, III
LAW ENFORCEMENT. COMMITTEE
Phillip A. Bradshaw.
Stan D. Clark
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Chairman Clark called for approval of the agenda.
.The County Attorney requested that. the following amendments be
made to the agenda:
Add an item to appoint Donald T. Robertson, Assistant County
Administrator/Operations as Acting Clerk in the absence of
County Administrator Casket'.
Under Consent Agenda, .remove Item (H) December 16, 2004
Continued Meeting Minutes.
Under Old Business, add Item (D), a Board Report entitled
"Convenience Centers and Unexpended Capital Funds-Refuse
' Containers."
Under New Business, add Item (A), a matter pertaining to
Charter. Communications.
Under the Closed Meeting, add one (1) additional .personnel
matter, for a total of two (2) personnel matters, for discussion
pursuant to Section 2.2-3711.A.1 of the Freedom of Information
Act.
Supervisor Clark. moved that the Board appoint Donald T. Robertson,
Assistant County Administrator/Operations as Acting Clerk in the. absence of
County Administrator Casket'. The motion was adopted by a vote of (5-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the motion.
Supervisor Bradby moved than the Board approve the agenda, as
amended. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby,. Bradshaw, Clark and .Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Clark indicated the Consent Agenda included the following
items:
A. Resolution to Reserve $500,000 for a Purchase of Development
Rights Program
B. Resolution to Appropriate $910,391 in Revenue Sharing Funds
from the General Fund Reserve Fund. Balance
C. Address Conflict - Wrenn's Mill Subdivision
D. DEQ/Public Notices dated December 13, 2004 and December 27,
2004
E. Planning Commission Action List of December 28, 2004
F. Resolution for Acceptance of Streets into the. State Secondary
Road System, Wrenn's Mill Estates, Section 4-B, C, D
G. Delinquent Real Estate Tax Collection Monthly Report
H. December 16, 2004 Continued Meeting Minutes
Chairman Clark. asked if there were any items for removal.
Supervisor MacManus moved that Items (A), (B) and (F) .listed above
be removed from the. Consent Agenda for further discussion. (Item (H) was
removed during Approval of the Agenda). The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Supervisor MacManus moved that the remaining items in the Consent
Agenda be approved.. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor MacManus moved the Board approve Item (A), per his
amendment to revise in the ..Resolution to designate the purchase of
development rights for agricultural and silvicultural purposes only. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor MacManus moved that the Board approve Item (B), as
provided. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Supervisor ~MacManus moved that the Board approve Item (F), as
presented. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
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Chairman Clark called for Transportation Matters..... '
Mr. Sandon Rogers, Transportation Planner, requested the Boazd's
direction with regard to participation in the VDOT Revenue Sharing Program
for Fiscal Year 2005-2006.
Supervisor MacManus moved that the Board endorse the County's
intent to participate in the Revenue Sharing Program in a local match amount
of $500,000, and that. staff be directed to coordinate with VDOT on
establishing~a preliminary priority project list that incorporates the .interests
of the Town of Windsor. The motion was. adopted by a vote. of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
. Mr. Rogers referred to the VDOT responses contained in the agenda
with respect to County action items through the month of December,' 2004..
He inquired if the Board had any comments on the listed projects.
With respect to the James River Bridge and an advance warning system,
Mr. Rogers advised Supervisor MacManus that better communication
between the bridge tender and VDOT personnel at the area headquarters in an
effort to begin rerouting traffic as soon as possible is one (1) short-term
solution that VDOT has indicated it is willing to initiate.
Supervisor MacManus requested that Mr. Rogers invite the VDOT
individual in charge of tunnels and bridges, as well as the VDOT District
representative, to address the Board, and that they be prepared to offer a
simple near-term solution to keep motorists from being stuck on the James
River Bridge.
Supervisor Wright inquired about the emergency lights in the Town of
Windsor for rescue purposes.
Mr. Rogers informed Supervisor Wright that he is currently working on
setting up a meeting.
Supervisor Wright referred to a problem. on Routes 258/32/10 at Benn's
Church, specifically motorists who aze traveling from Smithfield towazd
Suffolk who turn diagonally- into the Benn's Church parking lot in an attempt
to beat the red light and thereby cut the motoristsoff from the Suffolk side.
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He recommended a "No U Turn" sign be installed, or that VDOT use the
shoulder of the roadway to create adouble-lane left turn.
Mr. Rogers. stated that VDOT previously performed a study to
determine the feasibility of adding.a split/shared lane; however, it was cost
prohibitive.. He stated that he would continue to work with VDOT in an
attempt to find a solution. He noted it is against the law for motorists to do
that, and it may be a law enforcement matter.
Supervisor Bradshaw noted that Duck Town Road is being advertised
for a third time. He inquired if Mr. Rogers knew the reason why bids were
not be received on the project.
Mr. Rogers advised that only one (1) bid was received last time, and he
did not know .the reason. that contractors have not been bidding on the
project.
Supervisor Clark inquired about the status of the .drainage problems at
Kings Cove Way..
Responding to Supervisor Clark, Mr. Rogers advised that the final
letter is being prepared, which will be delivered to VDOT within the week.
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Chairman Clark called for Citizen's Comments.
Lewis R. Harris of 4664 Old Stage Highway, and Earnest B. Poole of
8621 Colonial Trail in Surry, expressed concern with the $500 fee charged to
individuals who. do not reside in the County, and who use Tyler's Beach Boat
Harbor. He advised that Mr. Poole sh®uld not be charged a fee as he has paid
for all electrical power used at .the harbor since 1987. Messrs. R. Byrd,
Rodney Bennett and Richard Brown joined. Mr. Harris and Mr. Poole at the
podium in a show of support for Messrs. Harris' and Poole's concerns.
Supervisor Clark moved that the Board direct Mr. Robertson and staff
to meet with the above individuals, clarify .the issue, and bring back a
proposal to resolve the matter. The motion was adopted by a vote of (S-0)
with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in
favor of the motion, and no Supervisors voting against the .motion.
Supervisor Clark .also moved that staff be directed to not take any
action against any of the watermen who moor their boats at Tyler's Beach
until a report is provided back to the Board. The motion was adopted by a
,vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
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Mitchell Wilcox of 12196 Red House Road in Windsor made reference
to Item (G) under the :County Administrator's report. He presented a request
of Design Engineering Services to use Route 17 as the front of the lot for
setback purposes because the building faces Route 17 and the entrance is
from Route 17. ~ He also requested -that corner lot restrictions .under the
Ordinance not be strictly adhered to because Butterfield Lane can not be
used.
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Chairman Bradshaw called for the County Attorney's report.
County Attorney Stroman presented a contract for repair of the Tyler's
Beach Boat Harbor pier for the Board's consideration.
Supervisor MacManus inquired when the project is anticipated to be
. complete.
Andrea Clontz, Accounting Manager, answered approximately. 120
days.
Supervisor Clark moved that the Board authorize the Chairman to enter
into the Agreement on behalf of the County. The motion was adopted by a
vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no .Supervisors voting against the
motion.
County Attorney Stroman presented the f rst amendment to the
Reciprocal Land for Tower Space Agreement between the Board of
Supervisors and American Tower, which will allow for improved technology.
Supervisor Wright moved that the Board authorize the Chairman on
behalf of~ the County to execute the amendment which provides for a
complete inventory of equipment upgrades. The motion was adopted by a
vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the motion, and no Supervisors voting against the
motion.
County Attorney Stroman presented a supplement to .the Agreement
between the Isle of Wight County Board of Supervisors and OSSI, which will
allow for astand-alone records management system to be included in the
Sheriff s Office.
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Supervisor Clark moved that the Board authorize the Chairman on
behalf of the County to execute the amendment for the implementation of the
stand-alone records management system to be included in the Sheriff s
Office. The motion was adopted by a vote of (5-0) with Supervisors
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MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
With. respect to the issue of ambulance billing, County Attorney
Stroman advised that: there needs to be additional discussion with staff
regarding specific decisions to be made by the Boazd regarding disposition of
funds. He noted that staff would come back to the Board with a report at the
Board's February 8, 2005 meeting.
Following a recommendation by County Attorney Stroman, Supervisor
Clark moved the Board direct, the County Attorney to advertise for public
hearing the proposed Ambulance Transportation Fees Ordinance with the
following changes for the Board's February 17, 2005 meeting: Variations in
fee levels based on the consultant's recommendations, and that the ground
transportation mileage is $8.25 per mile. Staff will be reporting back to the
Board regarding specific decisions that need to be made concerning the
disposition of funds at .the Board's February $, 2005 meeting. The motion
was adapted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor MacManus requested confirmation ,that the County is
staying at the same level as neighboring communities.
Desponding to Supervisor Clark, Richard O. Childress, Director of
Emergency Management,. clarified for the public that insurance companies,
Medicaze and Medicaid would be billed directly for those persons for whom
the County has the correct insurance information.
County Attorney Stroman presented the COVA contract with Verizon
which allows the County to realize a savings .that the State has already
successfully negotiated in the telecommunications area.
Supervisor Clark moved. the Board approve the contract with Verizon
to take advantage. of service discounts provided under the established State
contract with Verizon. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
County Attorney Stroman advised that due to a change in recent law,
the Code of .Virginia now requires that between one (1) and three (3)
alternates be specified to serve on the Wetlands Boazd. He further advised
that members of the Wetland Board have expressed the desire that they need
only one (1) alternate.
County Attorney Stroman offered to change the bylaws, and Mr.
Robertson is to place the matter on .the Appointments Page far the Board's
February 8, 2005 meeting.
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.County Attorney Stroman noted there would be two (2) matters for
discussion in closed meeting .:pursuant to Section, 2.2-3711.A.1 of the
Freedom of Information Act.
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Chairman Bradshaw called for .the County Administrator's report.
Mr. Robertson presented a Resolution to Authorize the Submission of a
Grant Application to the Best Initiative and to Accept and Appropriate Grant
and Donated Funds for Youth Worker Training for the Board's
consideration.
Supervisor MacManus moved that the Board adopt the following
Resolution:
RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT
APPLICATION TO THE BEST INIATIVE AND TO ACCEPT AND
APPROPRIATE GRANT AND DONATED FUNDS FOR YOUTH
WORKER TRAINING
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has authorized the submission for grant funding from the
Alternatives, Inc, for youth worker training; and,
WHEREAS, the training identified in the .grant application will benefit
the Department of Parks -and Recreation in the County of Isle of Wight
through the training of employees; and,
WHEREAS, grant funds in the amount of three thousand dollars
($3,000) to be received from Alternative, Inc. need to be accepted and
appropriated to the appropriate line items in the FY2004-05 Operating
Budget of the County of Isle of Wight, Virginia.
NOW, BE IT RESOLVED by the Board of Supervisors of the County
of Isle of Wight, Virginiathat three thousand dollars ($3,000), or so much as
shall be received from .Alternative, Inc. be appropriated in the FY2004-OS
Operating Budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in .the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (4-0) .with Supervisors
MacManus, Bradby, Bradshaw .and Wright voting in favor of the motion; no
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Supervisors voting .against the .motion; and, Supervisor Clark absent for the
vote.
Mr. Robertson presented the proposed schedule :for review of the
Zoning Ordinance for the Board's consideration:
Chairman Bradshaw noted the absence of Supervisor Clark,. and
suggested the schedule be moved down on the agenda until Supervisor
Clark's arrival
Mr. Robertson presented a .change. order .for the Administration
.Building constructiorJrenovation for the Board's consideration.
Supervisor MacManus.moved the Board authorize the Chairman to
execute the change order. The motion was adopted by a vote of (4-0) with
Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the
motion; no Supervisors voting against the. motion; and, Supervisor Clark
absent for the vote. .
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At 7:00 p.m., Supervisor Bradby moved the Board amend the regular
order of the agenda in order to cohduct the public. hearings. The motion was
adopted. by a vote of (4-0) with Supervisors MacManus, .Bradby, Bradshaw
and Wright votingin favor of the motion; no Supervisors voting against the
motion; and, Supervisor Clark absent for the voter
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Chairman Bradshaw. called for a public. hearing on the following:
A. The application of Michael V. and. Catherine S. Edwards for a
change in zoning classification from Rural Agricultural
Conservation (RAC) to Conditional-General Commercial (C-GC) ~~
of approximately 32,200 square feet of land located at 18339 Bob '
White Road in the Windsor Election District. The purpose of the
application is for motor vehicle. repair and maintenance, not
including bodywork.
Mr. Hartley advised that the .Planning .Commission recommended
approval of the application to the Board by a (10-0) vote, with the proffers as
amended by the applicants® He further advised that the matter was properly
advertised. by staff, and that he had distributed a letter from Mary Griffin -in
support of .the application, as well- as a letter .from Bobby Edwards in
opposition to the application, o the; Board .prior to the opening of the public
hearing.
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Chairman Bradshaw called for persons to speak in .favor of, or in
opposition to, the proposed application.
William Riddick, Attorney, representing the applicants, stated the
applicant has been in business for sixteen (16) years and conducts an
operation that is of tremendous service and value to the community. He
stated the. applicants were unaware. that their operation was in violation until
it was brought to their attention by a County official. He advised that the
applicants have revised their proffers, as suggested by the County Attorney
and the Director of Planning and Zoning. He stated a favorable decision by
the Board. tonight would not do anything to change the .nature of the
operation or the neighborhood; however, a negative. decision would have a
negative impact on that community.
Bobby R. Edwards, 18335 Bob White Road, stated the reason. for his
appearance is to ensure that the rules and regulations are the same for.
everyone who lives in the County.
. Joseph L. Edwards, 15076 Courthouse Highway, stated the applicant is
a dedicated worker, and an asset to the community.
John T. Butler, Jr., 15654.Woodland Drive, stated the applicant runs a
good shop, comes from a good family, and provides a needed service to the
community.
Glen Music, 15534 Carrollton :Bridge Road, stated this is a family
matter that has developed into a community issue. He stated the applicant is
an .asset to the community, and. provides excellent mechanical services.. He
stated Mr. Edwards is fair, dependable and honest.
Dwight Doggett, Jr., 12452 Red House Road, stated he is friends .with
both the applicant and his brother. He stated he is a business associate of Mr.
Edwards with whom he has along-standing business relationship. He stated
he is also speaking on behalf of the Isle of Wight Academy, for which Mr.
Edwards provides the sole bus maintenance. He stated something is wrong
with. a process by which a man who is born within walking distance of the
Courthouse some fifty (50) years ago; who lives and- works in the County;
pays his taxes; has a County business .license; and, yet must come the Board
of Supervisors. to decide whether or not he can remain in business. He stated
County ordinances must not take the. place of common sense .and good
judgement.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Bradby stated he was amazed to see how well-maintained
Mr. Edwards keeps his business. He stated to see so many people present.
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Supervisor Clark stated when a parcel is out of compliance with the
Zoning Ordinance, this is the correct procedure to follow. He stated. this is a
successful process that works all over the County,. and if there is not. a zoning
process in place that is fair to everyone, then. there is disorganization in the
County.
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tonight in support of the application speaks well. of Mr. Edwards, and he has
no problem. supporting the application.
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Chairman Bradshaw stated that it is imperative that the Zoning
Ordinance is reviewed with respect to how it is applied to small businesses.,
He stated the purpose of the Ordinance is not to drive amall businesses out of
the County, but. to encourage and help them. prosper. He encouraged those in
attendance to write a letter to each Board member stating their position on the
ordinance with respect to small businesses, and that they request the Board to
take into consideration the needs of these businesses, and how helpful they
are'to the County,
Supervisor MacManus stated by approving the application, the Board
can address this administrative issue, but it can not solve the greater problem
of a split family. He asked the community to work towards bringing the
brothers back together as a family.
Supervisor Wright. moved that the Board approve the application of
Michael V. and Catherine S. Edwards, as conditioned. The motion was
adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw,
Clark. and .Wright voting in favor of the .motion,. and no Supervisors voting
against the motion.
.Chairman Bradshaw called for a public, hearing on the following:
B. The application of Smithfield Downs, LLC, Gerald E. LaBoone,
Gloria C. LaBoone and HHJV, LLC fore a .change. in zoning
classification from Rural Agricultural Conservation (RAC) to
Planned Development- Mixed-Use (PD-MX) and a Special Use
Permit for a Traditional. Neighborhood Development. (TND) of
128+ acres of land. Said properties are located on the .north side
of Brewer's Neck Boulevard (Route 258} and east of Benn's
Church Boulevard (Route 10) in the Newport Election District.
County Attorney Stroman advised that the Planning Commission
recommended denial to the Board with a request that the matter be referred
back to the Planning Commission for additional discussion.
Mr. Hartley advised that the Planning Commission would. welcome any
feedback from the Board on the .application.
Chairman Bradshaw called for persons: to- speak in favor of, or in
opposition to, the proposed application.
Brandon Currence, Architect, representing the developer, offered to
give the Board. a full presentation following the return of .the application to
the Planning Commission.
Thomas Finderson, resident of the .Newport District, stated he would
return with his comments following .the .return of the application to the
Planning Commission.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor MacManus commented that it is becoming a tradition that
the development community has been submitting a set of proffers different
from those originally submitted to the Planning Commission. He encouraged
the applicant to offer his best and final. proffers at the Planning Commission
level. He further encouraged the applicant to listen to the comments relayed
by the Commission .members and act accordingly, as the Board will be
looking to ensure that all concerns are addressed. He stated that there are soft
conditions for the age-restricted residential units, and he would encourage the
applicant to ensure that the County is protected against the impact of that
community.
Supervisor Clark moved the Board send the application of Smithfield
Downs, LLC, Gerald E. LaBoone, Gloria C. LaBoone and HHJV, LLC back
to the Planning Commission, keeping in mind the comments provided. by
Supervisor MacManus above,. and that a public hearing be held at the
expense. of the County. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
. of the motion, and no Supervisors voting against the motion...
Chairman Bradshaw. called for a public hearing on the following:
G Renewal of Skating Rink Lease Agreement
County Attorney Stroman stated the lease provides for a five (5) year
renewal.
Chairman Bradshaw called for persons to speak in favor of, or in
opposition to, the proposed Agreement.
Alan S. Nogiec, Director of Planning and Zoning, spoke on behalf of
Raymond Gary Askew, who could not be present. He offered. to answer any
questions that the Board may have,
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Chairman Bradshaw closed the public hearing anct caiieu ~~~ .,,,~~~~.~,,..~~
from the Board.
Supervisor Clark moved the Board approve the renewal of the skating.
rink lease agreement with Raymond Gary Askew for the sum of $250 per
month, with. the provision that .the lease may be renegotiated for successive
five (5) year terms. The motion was adopted by a vote of (5-0} with
Supervisors MacVlanus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Chairman Bradshaw called for a public hearing on the following:.
D. .Ordinance to Permit the Placing of "No Through Trucks" Signs
on the County-owned Road Known as Yellow Rock Road.
County Attorney Stroman advised that the matter has been duly
advertised with the wording in Section 11-53 to reflect that the Ordinance is
enforceable by the Sheriff's Office, Deputy Sheriff's, and all police officers
with the authority to enforce traffic laws within the County.
Chairman Bradshaw called for persons to speak in .favor of, or in
opposition to, the proposed Ordinance.
Ed Easter of Hideaway Lane, spoke in favor of restricting the traffic on
Yellow Rock Road ..which has experienced extensive damage from heavy
trucks that are hauling ..materials into Macklesfield for the building of new
homes. He presented a letter from Carl. and Marilyn Hill, also in favor of the
Ordinance. He stated none of the residents on Hideaway Lane have a
_ problem with individuals utilizing the roadway. that have right-of--way across
the property. He requested that the $oard approve the Ordinance.
Dave Sanders, 12254 Hideaway Lane, requested the Board approve the
Ordinance to alleviate the damage. heavy trucks. are causing to Yellow Rock
Road. He stated the residents have spent over $15,000 to maintain Yellow
Rock Road with gravel and asphalt to date.
Grace Keen of Benns Church Boulevard, speaking on behalf of Carl
Hill, spoke in favor of the Board adopting the Ordinance.
Chairman Bradshaw closed the public hearing and called for comments
from the Board.
Supervisor Clark .provided a brief history of Yellow Rock Road, a
private lane, which was. purchased by :the County prematurely to
accommodate the citizens so that it would be ready when VDOT was ready to
take it into the State's. system. He stated .normally roads are not taken into
County ov~~nership until VDOT is ready to take them into the State's system
because the County does not have any road maintenance equipment.
15 u
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Supervisor Clark moved the Board adopt the. following Ordinance with
the. revision that it is 'enforceable by the Sheriff's office, deputy sheriff's and
all. police officers with authority to enforce traffic laws within the County:
AN ORDINANCE TO AMEND CHAPTER 11.
MOTOR VEHICLES AND TRAFFIC, ARTICLE V. R
RESTRICTED TRAFFIC ON YELLOW ROCK ROAD
WHEREAS, the Isle of Wight. County Board of Supervisors
owns Yellow Rock Road; and
WHEREAS, through truck traffic causes significant damage to
.the road adversely affecting the safety and welfare of citizens using the
road; and
WHEREAS, the Board of Supervisors deems it appropriate to
prohibit through truck traffic on Yellow Rock Road.
NOW THEREFORE, BE IT RESOLVED by the Isle of Wight
County Board of Supervisors that Chapter 11. Motor Vehicles and
Traffic, Article V. Restricted Traffic on Yellow Rock Road be amended
as follows:
Article V. Restricted Traffic on Yellow Rock Road
Sec. 11-49. Authority; Purpose.
Pursuant to the authority granted the County. of Isle of Wight by
Section 46.2-1300. of the Code of Virginia, as amended, and in
accordance with Section 15.2-1200. of the Code of Virginia, as
amended, the County adopts the provisions of this Article V for the
purpose of securing and promoting the health, safety and- general
welfare of its citizens.
Sec. 11-50. Definitions.
For purposes of this Article V, he definitions of "truck",
"trailer", and "semitrailer" defined in Section 46.2-.100 of the Code of
Virginia, as may be amended from time to time, are incorporated. herein
by reference.
Sec. 11-51. "No Thru Truck" Sign.
The County of Isle of Wight shall have the right to erect or post
"No Thru Truck" signage as has been .designated or adopted by the
Commonwealth Transportation Board on the County-owned, private
roadway known as Yellow Rock Road. No provision of this Article V
16
II
relating to the prohibition of disobeying-.such sign shall be enforceable
against an .alleged violator if, at the time and place of the alleged:
violation, such sign is not properly positioned or sufficiently legible to
be seen by an ordinarily observant person.
Sec. 11-52. Prohibited Activity.
No person shall drive or cause to be driven a semitrailer, trailer or truck
upon Yellow Rock Road in direct violation of the posted signage authorized
under Section 11-51 of this Article V.
Sec. 11-53. Enforcement.
This Article V .shall be enforceable by the sheriff, deputy sheriffs and
all police officers with authority to enforce traffic taws within the County, all
of whom are hereby authorized and empowered to issue the summons or
notice of violations of this Article.
Sec. 11-54. Penalty
Any person convicted of violating this Article. V shall be guilty of a
traffic infraction punishable by a fine of not more than One Hundred Dollars
($100.00) for each offense.
This Ordinance shall be effective upon adoption.
.The motion was adopted by a vote of (5-0} with Supervisors
MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
//
Supervisor MacManus moved the Board return to the regular order of
the agenda. The motion was adopted by a vote of (4-0) with Supervisors
MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no
Supervisors voting against the. motion; and,. Supervisor Clark absent for the
motion.
//
Chairman Bradshaw., called for the continuation of the County
Administrator's report.
Mr. Hartley presented a proposed schedule for review of the Zoning
Ordinance for the Board's consideration.
17
Chairman Bradshaw commented that this is a work session of the
Board, and the Board will not open the floor for any comment by the
Planning Commission members.
Mr. Hartley noted that, depending on :the number of Planning
Commission members who attend, it may be necessary to formally recognize
that there is a quorum.
County Attorney Stroman offered to confer with Mr,. Hartley on any
pertinent issues relative to the Planning Commission members' .attendance.
.Supervisor MacManus requested that staff take appropriate action to
have sandwiches available at the work sessions.
Mr. Hartley commented .that today. was the deadline for receiving
comments on the Zoning Ordinance from the development community, and
he would be forwarding same to the Board in the near future.
Supervisor MacManus requested than Mr. Hartley .include any
comments alongside the applicable Zoning Ordinance section.
Supervisor Bradshaw requested staff ensure that there is a computer
.available for use by staff during the work sessions.
Supervisor MacManus moved .that the Board.. adopt .staff's
recommendation of dates, time and place for. the proposed work sessions
contained in the agenda, and that staff be authorized to advertise the public..
notice and notify other interested parties. The motion was adopted by a vote
of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright
voting in .favor of the motion, and rio Supervisors voting againstthe motion..
Beverly Walkup, Assistant Director of Planning and Zoning, briefed
the Board on staff's two. (2) attempts. to secure funding for the Hazard
Mitigation Grant Program (HMGP) for four. (4) elevations on Kings Cove
Way. She stated each attempt was denied based. on the cost of the project. not
meeting the benefit. She explained that .the affected homes ,are just slightly
below the base -flood elevation for the 100 year flood .plan, and in order for
the homes to be eligible, they need to have more damage. She stated if here
are other projects in coastal. flooding locations in the future,. these projects
may be included at that time. She advised that staff will advise the residents
that. the application has. been denied, and funding will be sought as it
becomes available in the future.
Supervisor MacManus moved the Board accept staff s recommendation
not to proceed with a written appeal of the decision.. The motion was adopted
by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and
Wright voting in favor of the .motion,. and no Supervisors voting against the
motion.
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Ms. Walkup was .requested to contact the residents by telephone to
advise that the application had been denied.
E. Old Point National Bank Highway Corridor Overlay District Site
Plan Review, Tax Parcel Number 34-01-00311
Mr. Hartley requested the Board advise him of any comments they may "
for above site plan.
Supervisor MacManus requested that Mr. Hartley relay to the applicant "
that he would. prefer the sign to to of brick at a height of six (6) feet with
white lettering; .terming to be accomplished consistent with that across the
street at the townhomes; and, that landscaping trees be of a mature-size.
Pamela Shaw, Environmental Planner, advised that the plans now
specify a caliper of 2-3.5 inches.
F. The request of W. C. Sawyer for exemptions to the Highway
Corridor Overlay District to allow work doors to face the highway
and a building with a "long monotonous facade for Sawco .Self
Storage .Expansion, Mini Warehouse, Carrollton Boulevard,
.Newport Magisterial District, Tax Parcel Number 34-O1-OSOB
Mr. Hartley advised that the Planning Commission recommended
denial of the request (9-1) .because it is not consistent with the requirements
of the Highway Overlay Corridor District. He stated the. applicant is
following what he did with a previous project, but the Planning
Commission's expectation is higher, even though this is an expansion of that
project.
Supervisor MacManus stated that he believes that the existing project
has created a negative impression in that vicinity, and he is not in favor of a
continuation of that type, of product, He stated he could be in .favor of
approving the: request if the new addition was placed on a 90 degree: rotation,
and provided the applicant rectified the situation with the existing property,
specifically installing brick with fencing, landscaping, and other things to
broaden the project. He stated a denial of the request would leave the County-
with the current eyesore, whereas if the Board. worked with the applicant for
a change of the product, landscaping and .fencing would address some of the
problems with the. existing property.
County Attorney Stroman stated if the Board ..desires the input of the
Planning Commission, the Board might wish to table the. request and refer the
matter back to the Planning Commission, and. allow staff to confer. with the
owner.
lg
Supervisor MacManus moved that the Board table the matter, and refer
it back to the Planning Commission so that it can work with the applicant
based on his recommendation that it be on a 90 degree rotation, and that the
applicant rectify the existing facility with brick, fencing, and other
landscaping to broaden the project. The motion was adopted by a vote of (S-
0) with Supervisors 1VIacManus, Bradby, Bradshaw, Clark and Wright voting
in favor of the motion, and no Supervisors voting against the motion.
G. The request of Design Engineering: Services for an exemption. to
certain provisions of the Highway Corridor Overlay District for. a
neighborhood shopping center, tax parcel. number 34A-02-001. -
Mr. Hartley advised that the Planning Commission recommended
approval of the request to the Board (10-0). He noted that this is the request
Mr. Wilcox addressed under Citizens' Comments. earlier in the meeting.
Supervisor MacManus noted he could approve the request subject to
the applicant agreeing that the sides will be brick; that the color on the back
of the building will be of a brick color; and, that trees will be planted to act as
a buffer.
Supervisor MacManus moved the Board allow the exemptions with the
condition. that the applicant provide the necessary correction of the -sides to
be brick; that the color on the back of the building be of a .brick color; and,
that trees be planted to act as a buffer. The motion was adopted by a vote of
(S-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
//
Chairman Bradshaw called for Old Business.
With respect o the issue. of the Olde Towne Curb Market in the Town
of Smithfield, Rachel Morris, Economic Development Manager, emphasized
staff's support for the agricultural community, noting that the farmer's
market is an`excellent venue fore local residents to sell their. products. She
confirmed that the viability of the agricultural industry. is staff s goal, and
staff is in the process of discussing the location of a farmer's market in the
Town of Windsor. She advised that staff feels the current request from the
Chamber of Commerce .for an additional $5,000 for the period of January,.
! ~ 2005 through June, 30, 2005 is excessive, and .therefore recommends that the
s request be denied. She stated staff does support a final appropriation for
FYOS-06 for $5,000 provided that the Chamber of Commerce can give. its
assurance that it will solicit private funding for FY06-07, thereby decreasing
the financial dependence on the County.
Supervisor MacManus moved that the .Board continue. the Chamber's
work by providing the Smithfield farmer's market with $5,000 covering the
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calendar year ($2,500 from the contingency fund) in total to provide the same
number of weekends held last year with some spring weekends, contingent
upon the Town of Smithfield providing equal funding of $5,000, and that Ms.
Morris is to work with the Chamber on the Smithfield market. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
Bradshaw, Clark and Wright voting in favor of the motion, and no
.Supervisors voting against the motion.
With respect to the issue of billing for ambulance services, Richard O.
Childress, Director of Emergency Management, stated included in the agenda
is information pursuant to the Board's discussion at its Retreat on January 8,
2005.
With respect to the issue of .the. Rosenwald School, Mr. Robertson.
advised the report in the agenda is for the Board's information.
Donald M. Long, Director of Public .Works, distributed information
pertaining to citizens' concerns relative to the proposed schedule .and plar_ for
the County's convenience centers. He stated it is the Committee's
recommendation that the Orbit site be relocated and .fully manned, as well as
open up a fully manned site in the Orbit area.. He noted that a fully manned
site had been open from 7:00 a.m. until 7:00 p.m., seven (7) days per week;.
however, the Board has adopted a schedule of Mondays from 7:00 a.m. to
7:00 p.m., Tuesdays. from 1:00 p.m. until 7:00 p.m., closed on Wednesdays,
Thursdays from 1:00 p.m. until. 7:00 p.m., Fridays and. Saturdays from 7:00
a.m. until 7:00 p.m., and- Sundays from 1:00 p.m. to 7:00 p.m. He advised
that the County is only one (1) of three (3) counties. which has unmanned
sites, all other localities provide service for three (3) days per week.
Chairman Bradshaw stated that the Board will address the hours of
operation. at a later date.
Mr. Long stated the. first step of the p an is to move forward to fully
man the Orbit and Crocker. sites. He noted that only one (1) of those centers
would have a compactor.: He stated the second. part of the plan is to request
another compactor in the. CIP, as well as request an additional employee and
truck replacement in FY06-07. He stated with respect to the.. request. for a
grinder in the FY05-06 CIP, he would also request-that staff. move forward.
with this purchase sooner.
Chairman Bradshaw stated also in the CIP is the .action to move
forward with the other unmanned sites in the -out years. He stated the Mill
Swamp and Walter sites will be considered when the land becomes available,
as well as address the need for a second site in the Carrollton area. He stated
the plan should identify that the County is focusing on the above needs. He
recommended that Mr. Long contact Ms. Seward with respect to the CIP.
21
Mr. Long notified .the Board that the Southeastern Public Service
Authority .has advised staff that it intends to stop the service. at the transfer
station on Sundays, effective July 3, 2005.
Supervisor MacManus discussed _ the "feasibility. of the County
purchasing land as opposed to leasing it. He spoke .against. the County
investing $100,000 in a site that. the County will not have control over in the
future..
Mr. Long indicated that longer-term leases could be negotiated. He
stated that the. individual who owns the site in the Orbit area is not interested
in selling any land. .
Supervisor Clark. recommended that the sites be leased for aperiod-of
at least 20 years. He noted that unmanned sites. are unacceptable in their
appearance, and he assured Mr. Long that the Board would ailacate the ..
necessary funds to see that the sites are. adequately maintained. He agreed
that the County should not be spending funds where. it can not have along-
term investment in the property.
ra s aw, ar an rig vo ing m avor ,
Supervisors voting against the motion.
Chairman Bradshaw further moved to authorize Mr. Long to expend
any unappropriated funds in the Capital Budget originally intended for the
purchase of a roll-off truck and .boom truck. to be used for the acquisition of
roll-off .containers. The motion was adopted by a vote of (S-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Chairman Bradshaw moved the :Board authorize the negotiation of a
long-term. lease in the amount of 20 years, or the acquisition of property, and
that Mr. Long is to .return to discuss the two (2) manned sites. The motion
was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,
B d h C1 k d W ' ht t' f of the motion and no
Chairman Bradshaw advised Mr. Long to place these plans in both the
Operating Budget and CIP so that they can be addressed, long-term. He
stated the Board is willing to appropriate the necessary funds to rectify the
problems that are being experienced by the County's citizens.:
Supervisor Wright stated the .only way. to stop illegal dumping is to
man the sites, and staff must treat incorporation of these plans in the CIP and
Operating Budgets as a priority.
//
Chairman Bradshaw called for New Business.
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Citing concerns with citizens advising of poor picture quality,
Supervisor MacManus moved the .Board direct staff to invite a local Charter
representative to address the Board at the ,next possible meeting regarding
picture quality issues, inadequate service, and incorrect phone numbers listed
in the phone book.-The motion was adopted by a -vote of (5.-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the. motion.
Supervisor Clark notified the Board that he has received numerous.
calls from citizens concerning Charter's failure to make timely service calls,
lines that have been laying out on thegroundfor months, and representatives'
promises to correct the situation, but never showing up. He noted that Charter
should have a local representative .that citizens. can contact for service
agreements.
Supervisor Bradby announced his intention not to run- again in the next
election to represent the Hardy District.
Supervisor Clark moved the Board direct. staff to request information
from HR.PDC concerning the proposed light rail routes, and present same
back to the Board within the next ninety (90) days for further discussion. The
motion was adopted by a vote of (5-0) with Supervisors MacManus, .Bradby,
Bradshaw, Clark .and Wright ~-oting in favor of .the ..motion, and no
Supervisors voting against the motion.
Supervisor Clark moved the Board direct staff to review the present
landscaping at Eagle Harbor, and report back to the Board within the next
ninety (90) .days. The motion was adopted by a vote. of (5-0) with Supervisors
MaclVlanus, Bradby, Bradshaw, Clark and .Wright voting in favor of the
motion, and no Supervisors voting against the motion.
County Attorney Stroman advised SupervisorBradshaw that the matter
of parliamentary procedures would. be placed in the February 8, 2005 .agenda
for the.Board's consideration.
.Supervisor Bradshaw moved. the Board direct staff to contact VDOT
and the Crocker brothers to discuss their concern with drainage on Route
620. The motion was adopted by a vote of (5-0) with Supervisors MacManus, ,,
Bradby, Bradshaw, .Clark and Wright voting in favor of the motion, and no 'I
Supervisors voting against the motion. !,
1
Chairman Bradshaw moved that the Board waive the permit fees for the
field house being constructed at the Windsor High. School, including any fees
have been paid in the past, as well as any fees that maybe required to be paid
in the future.. The motion was adopted by a .vote of (S-0) with Supervisors
MacManus, Bradby, .Bradshaw, Clark and Wright voting in favor of the
motion, and no Supervisors voting against the motion.
23
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//
Thomas Finderson addressed the Board concerning the hazard
mitigation at Kings Cove. He stated there is a clear history that this area: is
.located in a 64-year flood plain versus a .100-year flood plain. He stated it is
misleading if there is a low damage number.
R. L. Walker addressed the Board concerning the need for convenience
centers to be open. six (6) days per week. He advised, that the school
administration is desirous of installing additional pipe on Marilyn Avenue to
. assist buses as they turn around. He requested that the Board take into
consideration the .need for a fire department located in the center of the
County. ,
Supervisor Bradshaw advised that the .fire department is in the
proposed CIP, as well as the County's Strategic Plan of Action.
//
County Attorney Stroman requested a closed .session concerning two
(2) personnel matters related to assignment, .appointment, promotion,
performance, demotion, salaries and disciplining of specific public officer,
pursuant to Section 2.2-3711.A.1, and one (1) matter concerning consultation
with legal advice under Section 2.2-3711.A.7 of the Freedom of Information
Act.
Supervisor Clark moved. the Board enter the closed session for the
reasons stated. The motion was adopted by a vote of (5-0) with Supervisors
MacManus, Bradby, Bradshaw,.. Clark and Wright voting in favor of the
motion,. and no Supervisors voting against the motion.
Supervisor Clark moved the Board return to open session. The motion
was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby,
Bradshaw, Clark and Wright .voting in favor of the motion, and no
Supervisors voting against the motion.
Supervisor Wright moved the Board adopt the following Resolution:
CERTIFICATION. OF CLOSED MEETING
WHEREAS, theBoard of Supervisors has convened a closed meeting on
.this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WI-~REAS, 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;
24
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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 Wright
.NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING. MEETING: 0
Supervisor Clark moved the Board designate Supervisor MacManus as
the voting member and Supervisor Wright as the alternate on the Western
Tidewater Water Authority. The motion was adopted by a vote of (5-0) with
Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor
of the motion, and no Supervisors voting against the motion.
Supervisor Wright moved the Board approve the compensation. for
County staff, retroactive to July 1, 2004, as discussed in the closed meeting.
The motion was adopted by a vote of (5-0) with Supervisors MacManus,
Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and. no _
Supervisors voting against the motion.
//
At 10:00 p.m., Supervisor Bradby moved the Board adjourn .its
meeting. The motion was adopted unanimously (5-0).
~.
lip A. Bradshaw, Chairman
W. Dougl Ca key, Clerk
25