09-17-1987 Regular Meetingr'
Page 392
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF SEPTEMBER IN THE
YEAR NINETEEN HUNDRED EIGHTY SEVEN
PRESENT: Henry H. Bradby, Chairman
C. Fred Bailey, Vice Chairman
Joel C. Bradshaw, Jr.
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
Terry D. Lewis, Planning Director
Betty Scott, Secretary
Chairman Bradby called the meeting to order at 7e01
P.M. The invocation was delivered by Supervisor Bailey.
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As recommended by Chairman Bradby and on motion of
Supervisor Bradshaw the Board voted unanimously to amend the
agenda to consider Item IB, Frederick Carr rezoning, under
public hearings first.
The Chairman called for a public hearing on the
following rezoning application:
1. The application of Frederick Carr for
a change in zoning classification
from A-1; Agricultural Limited, to
Conditional M-2, Conditional In-
dustrial General, 5 acres of land
located off the south side of Route
644, between Route 460 and the
Norfolk & Western Railroad, in
Hardy Magisterial District. The
purpose of the application is for
a truck terminal.
Frederick Carr, owner of Carr Truck Line, stated he
would like to rezone approximately 5 acres of land to be
used as truck storage which was destroyed by fire. Mr. Carr
continued saying .the purpose of this application is to
rebuild same, which will be a 16' x 16' Butler building
constructed on a concrete foundation.
No one appeared in opposition. The Planning Commission
voted unanimously to recommend approval noting that the
terminal had been in operation for a number of years without
any apparent opposition from adjacent residents.
Supervisor Bradshaw moved the Board approve the
application of Frederick Carr for a change in zoning
classification from A-1, Agricultural Limited, to
Conditional M-2, Conditional Industrial General, 5 acres of
land located off the south side of Route 644, between Route
460 and the Norfolk and Western Railroad, in Hardy
Magisterial District. The vote in favor was unanimous.
The Chairman called for a public hearing on the
following request:
The request of the City of Virginia Beach
to construct a 60 inch diameter
pipeline to transmit up to 60 million
gallons per day of water from the
Pea Hill Creek branch of Lake Gaston
to the Norfolk Raw Water Facilities
located in the County of Isle of
Wight and the City of Suffolk.
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Richard Savage, attorney from Suffolk representing the
City of Virginia, appeared and stated there are two reasons
September 17, 198?
Page 393
why they are here today, namely: to make a ruling that this
project is in compliance with the Comprehensive Plan and to
ask for local consent under the State Code, Section
15.1-456.
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Mr. Savage continued stating the pipeline will enter
Isle of Wight County at the Southampton County line along
the Blackwater River, 60" in diameter and 3' underground
except where it crosses the rivers The pipeline will follow
the center line of the Norfolk and Western Railroad
from Brunswick across Greenville County to Jarrett and along
Sussex to Southampton and to Isle of Wight. The pipeline
will produce a considerable quantity of 'water stated Mr.
Savage. Mr. Savage stated there are four partners involved
in the proposed project which are City of Chesapeake, City
of Franklin, City of Suffolk and Isle of Wight County. We
wi l have all construction details when we come back for the
conditional use permit and explain how the project will
affect each and every landowner, stated Mr. Savage. Mr.
Savage further stated that probably only 50 landowners will
be affected by the pipeline in Isle of Wight County with
about 25 of them being farmers. The line will be three feet
deep with the original top soil put back on the pipeline and
the fill material will be porous material, said Mr. Savage.
Mr. Savage continued stating the replacement of top soil as
it should be will affect yields the first year and will be
reduced annually until non-existent. Mr. Savage also stated
that approving the request does not give his clients
permission to go on anyone's prc~erty until they have
received the landowner's consent. The County can have up to
one million gallons of the water free until the year 2000,
stated Mr. Savage. Mr. Savage reminded the Board they had
supported the pipeline and stated he hoped the Board would
look favorably upon this request.
Wayne Felts, civil engineer with the City of Virginia
Beach, showed slides of the proposed project.
Otis Eanes, County resident, said the City should have
approached the landowners before coming to the Board. It may
not impact the County, but it would make a big impact on my
little piece of property, .said Mr. Eanes. Mr. Eanes stated
he is opposed to the project at this time.
Brenda Stephenson, property .owner on Rouce 460, spoke
in opposition to the request. Mrs. Stephenson stated the
septic tanks are in front of the property and would present
problems. Mrs. Stephenson further stated she does not feel
the proposed pipeline will benefit the County citizens and
thinks alternate measures can be taken.
Following discussion, Supervisor Turner asked County
Attorney Crook to explain what the Board is voting on. Mr.
Crook replied the general route through the County and the
nature of the pipeline. Mr. Crook continued stating the
Planning Commission recommended denial and this is the City
of Virginia Beach's appeal which has to be acted on within
60 days by the Board of Supervisors. Mr. Crook further
stated that if the Board is in favor, the City of Virginia
Beach will go ahead with plans and come back to the Board
for the conditional use permit. Mr. Crook continued saying
that if the Board denies the request, the City will come
back with a different route.
Supervisor Bailey moved the Board table action on the
request of the City of Virginia Beach to construct a 60 inch
diameter pipeline to transmit up to 60 million gallons per
day of water from the Pea Hill Creek branch of Lake Gaston
to the Norfolk Raw Water Facilities located in the County of
Isle of Wight and the City of Suffolk until its November 5,
1987 Board meeting in order for them to review the proposed
pipeline .project and receive additoinal information. The
v~,te in favor was unanimous.
September 17, 1987
Page 394
Mr. Savage asked the Board to .inform. him exactly what
information they would like and he would try to provide
same.
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At 8:30 P.M. Supervisor Turner moved the Board have a
ten minute recess, which passed by unanimous vote. The
Board reconvened at 8:48 P.M.
//
Chairman Bradby stated several comments had been made
regarding whether Board motions should be seconded. .County
Attorney Crook replied stating that under the Statute of
Virginia no second on motions is required for the Board of
Supervisors proceedings.
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Madeline Folks., President of the Rushmere Civic League,
presented a copy of the League's by-laws to the Board
members and asked for the Board's help in seeing that the
buildings are demolished by enforcing the laws. Mrs. Folkes
continued stating they are ready to attack the problems, but
they need the Board's assistance. County Administrator
stated that he and the various department heads would meet
with the Civic League and discuss their problems and plans
in order to set their goals and meet their objectives.
The Board concurred with Mr. Standish's suggestion.
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Supervisor Turner presented a certificate of official
recognition for sponsorship of a "Plant A Living Legacy
Program" located at the Benns' Church Beautification Program
in honor of the Bicentennial of the United States
Constitution which was given by Grace Keen, Chairman of the
Benns' Church Beautification Committee.
Supervisor Turner moved the Board direct County
Administrator Standish to draft a letter of appreciation to
Mrs. Keen .for her outstanding community work. The motion
passed unanimously.
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Planning Director Lewis presented the following
conditional use permit for the Board's consideration:
The application of Battery Park
Contractors for a conditional use
permit to locate a business sign
one foot from the right-of-way
of Route 17, on .45 acre of land
located in Newport Magisterial
District.
No Qne appeared in favor or opposition. The Planning
Commission voted unanimously to recommend approval noting
that the permits will have to be obtained from the
Department of Highways and Transportation for the sign and
that the Highway Department's permitting procedures will
cover road safety concerns.
Supervisor Bailey moved the Board approve the
application of Battery Park Contractors for a conditional
use permit to locate a business sign one foot from the
right-of-way of Route 17, on .45 acre of land located in
Newport Magisterial District. The motion passed by
unanimous vote of the Board.
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Planning Director Lewis presented the following
subdivision plats for the Board's consideration:
September 17, 1987 Page 3.95
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Plat showing Parcels 1, 2 and 3 of
the property of James M. Carroll,
Jr., a three lot subdivision,
7.046 total acres of land located
on Route 621, in Hardy Magisterial
District.
No one appeared in favor or opposition. Mr. Lewis
stated the proposed subdivision is located on Route 621 on
land that is conditionally zoned R-A. Mr. Lewis further
stated under the conditions, the subdivision can consist of
no more than three lots. The plat has been reviewed and
approved by the Department of Highways and Transportation
and reviewed by the Health Department, said Mr. Lewis. The
Planning Commission voted unanimously to recommend approval,
said Planning Director Lewis.
On motion of Supervisor Bailey, the Board voted
unanimously to approve the plat showing parcels 1, 2 and 3
of the property of James M. `Carroll, Jr., a three lot
subdivision, 7.046 total cares of land located on Route 621,
in Hardy Magisterial District.
Plat showing Parcels A, B and C of
the property of James M. Carroll,
Jr., 6.31 acres of land located on
Route 621, in Hardy Magisterial
District.
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Mr. Lewis stated the proposed subdivision is located on
Route 621 on land that is zoned R-A and under the
conditions, the subdivision can. consist of no more than
three lots. The plat has been reviewed and approved by the
Department of Highways and Transportation and reviewed by
the Health Department, said Mr. Lewis. The Planning
Commission voted unanimously to recommend denial noting the
developers had advised the County that up to three lots
would be developed if the property had sufficient width to
accommodate three lots, if not only two lots would be
developed, stated Mr. Lewis. Mr. Lewis continued stating
the Commission also felt that a hardship did not exist
warranting .issuance of the variances by the Board of Zoning
Appeals.
Ann Simpson Jones, attorney representing the applicant,
stated she was in attendance at the Planning Commission
meeting and would like to point out that the Planning
Commission is making a statement to you (Board) of their
position and perhaps are doing so because they are not the
final decision making Board. Mrs. Jones continued stating
Mr. Carroll would comply with the law and is asking you now
to consider whether the plat, as presented to you (Board) in
light of variances, complies with the subdivision ordinance.
Mrs. Jones referred~to Section 11-6 of the County Code and
asked the Board to grant approval of the subdivision plat as
presented.
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Supervisor Bailey asked Mrs. Jones if she served as
Acting County Attorney at the Board of Zoning Appeals when
they considered the application for a variance, to which
Mrs. Jones replied yes sir. Supervisor Bailey continued
stating he does not feel it is a hardship case and that Mr.
Carroll had stated he had a willing seller.
County Attorney Crook stated he had been questioned as
to why the Board of Zoning Appeals had granted the variance
and he had to talk with them before answering. Mr. Crook
continued stating he had talked with the Board of Zoning
Appeals, had met with them and they are firm it was a
hardship case. Mr. Crook further stated that he does not
know that he agrees with them, but the decision stands until
appealed to Circuit Court and the thirty days for such an
appeal has expired. This Board has to approve same, said
Mr. Crook as the plat complies with the subdivision
September 17, 1987
Page 396
ordinance and variances granted by the Board of Zoning
Appeals.
Supervisor Turner moved the Board approve the plat
showing Parcels A, B and C of the property of James M.
Carroll, Jr., 6.31 acre of land located on Route 621 in
Hardy Magisterial District with provisions pointed out by
the Board of Zoning Appeals. The motion carried with
Supervisors Turner, Ross, Bradshaw and Bradby voting in
favor and Supervisor Bailey abstaining.
Supervisor Turner stated he feels the Board of Zoning
Appeals should notify the Board of their action on
subdivisions noting their reasons for. the decision made.
//
On motion of Supervisor Bailey, the Board voted
unanimously to adopt the resolution approving the issuance
of the Industrial Development Authority of Gloucester
County, Virginia Medical Facility Revenue Note (Riverside
Healthcare Association, Inc.) and authorized the clerk to
sign same.
County Administrator Standish informed the Board
members of the 1987 annual Virginia Association of Counties
meeting scheduled for November 8-10 at the Homestead.
On motion of Supervisor Bradshaw, the. Board voted
unanimously to inform the Walter C. Rawls Library to seek
the restoration of full funding from the Town of Smithfield
to defray the shortfall in the Rawls Library funding for the
current year in the amount of $12,000 caused by the Town of
Smithfield reducing its contribution.
Supervisor Turner moved the Board grant the Town of
Windsor's request to purchase a surplus vehicle from the
Sheriff's Department for Windsor's Town Manager at a cost of
$500.00. The vote in favor was unanimous.
Supervisor Bradshaw moved the Board grant the Building
Official's request to exchange a surplus vehicle from the
Sheriff's Department for one from his department for the
remainder of the year due to the fact the vehicle of the
Building Department is worn out. The motion carried
unanimously.
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John Edwards, editor of The Times, read a letter
respectfully requesting continued use of the Board of
Supervisors tapes of meetings. Mr. Edwards stated he feels
they are valuable for future use.
Steven Wingfield, editor Smithfield Daily Press, read
the following letter relative to use of the tapes used at
the Board meetings:
"Good evening gentlemen, for the record I am Steven
Wingfield, Smithfield editor for the Daily Press
Inc. Tonight I want to address the recent decision
by County Administrator Standish regarding the recent
decision by County Administrator Myles Standish
regarding the public's use of tape recordings.
For more than a decade, the Board has been recording
irs meetings, and although the Board has apparently
never adopted a policy regarding the use of these
recordings, there was a defactor policy of allowing
the public to listen to tapes. The public's use of the
tapes can hardly be described as an everyday occurance.
The primary users have been members of the media and
level of that use has been fairly limited.
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September 17, 1987
Page 397
My use, personally, has been about six times a
a year. As a reporter for a daily newspaper,
I must watch the clack at night meetings and
and leave in time to filE a story by
deadline. Because your meetings often last
beyond 11:00 p.m., I am forced to miss a portion
of the meeting, usually when the Board is taking
up new and old business, and other concerns of
individual supervisors. Having the tapes avail-
able allows me to listen to the late portion of
the meeting the next day, while the written minutes
would not be available for several weeks after
Board approval.
From time to time, issues that appeared to be
resolved several months before have resurfaced.
This has happended twice recently and for the
sake of accuracy it is helpful to have the re-
cording available to determine what was said
originally and how the decision was reached.
Although the minutes can be helpful, they are
not verbatim transcripts and lack voice in-
flections.
The Daily Press is not suggesting that the
only official record of Board action is not
its written minutes. The minutes have been
the record for decades and decades and we are
not contesting that. However, it is the opinion
of the newspapers that the Virginia Freedom of
Information Act~specificially includes tapes and
sound recordings under its definition of "official
records".
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The law states in Section 2.1-341 that
"Official records means all written or
printed books, papers, letters, documents,
maps and tapes, photographs, films, sound
recordings, reports or other material, re-
gardless of physical form or characterics,
prepared, owned, or in the possession of a
public body or any employee or officer of
a public body in the transaction of public
business."
These tapes are clearly prepared, owned
and in the possession of this public body
as it transacts the public's business.
The Daily Press does not contend it is
necessary to keep these tapes forever.
We are asking the Board to set a policy of
allowing the public access to the tape re-
cordings for a.reasonable period, as
determined by you. We would suggest 12
months.
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As for the e:cisting tapes, Daily Press
Editor Jack Davis, Jr. has suggested that
it might be appropriate to turn over some
of the older tapes to the Isle of Wight
Museum for storage. The debates over
the County's right to its groundwater
supply or the pro and cons of locating
racetrack here, for example, would pro-
vide an excellent record of the issues
facing this Board during the 1980's.
History buffs of today would no doubt
love to hear the Eoard of Supervisors
from 50 or 100 years aqo discussing the
issues of the day.
Mr. Standish is seeking to establish a
September 17, 1987
policy regarding the tapes. While.
establishing a policy is a good idea, we
believe this is the wrong policy.
In recent years the House of Representatives
and the Senate have opened their once private
domain to television cameras and here in
in Virginia, courtrooms are being opened to
cameras and tape recorders. In dozen of
localities across the state, meetings are shown
over cable television. We believe the Board of
Supervisors would be moving away from this
spirit of openness if it consented to this
action taking away public access 'to the tapes.
The Daily Press is asking this Board to
set a policy, a policy that allows a
reasonable time period for the tapes
to be made available to the public, as
we believe the Freedom of Information Act
requires.
Thank you for your consideration of our
request."
Page 398
Ann Simpson Jones, attorney, stated there are two
issues: if there will be continued access to the tapes and
whether or not they should be erased. Mrs. Jones stated she
feels the public should be able to listen to the tapes
whenever necessary, however, an appointment should be made
to do so. Mrs. Jones asked the Board to leave their
practice as is.
County Attorney Crook stated the Board members may not
want to comment since there is a court case on same at the
present time. Mr. Crook further stated he could not make
statements or advise the Board members in public since the
matter is in court. Mr. Crook stated the Board can wait and
discuss it in executive session or wait until the court
rules on the case.
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On motion of Supervisor Turner, the Board voted
unanimously to appoint County Administrator Standish to
serve as acting director for Isle of Wight County Emergency
Services.
//
On motion of Supervisor Bailey, the Board voted
unanimously to approve the General Fund Bill Register and
amendment. °
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Supervisor Turner moved the Board approve the August 20
and 27, 1987 minutes of the Board of Supervisors. The
motion passed unanimously.
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County Attorney Crook informed the Board he would like
an executive session to discuss pending litigation and
intergovernmental agreement negotiations.
County Administrator Standish informed the Board he
would like an executive session to discuss personnel.
Supervisor Bailey moved the Board go into executive
session to discuss with legal counsel and staff members
pending litigation, intergovernmental agreement negotiations
and personnel. The vote in favor was unanimous. The Board
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September 17, 1987
went into executive session at 9:45 P.M. and returned to
open session at 10:50 P.M.
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Supervisor Bailey moved the Boar:3 adopt the following
motion (read by Mr. Crook): Due to the pending litigation,
the Board is not adopting ary policy regarding tape
recordings. The tape recordings have been a tool of the
County Administrators to prepare minutes and are not
official records of Board meetings. The motion carried
unanimously.
//
At 10:58 P.M. Supervisor Ross moved the meeting be
adjourned. The vote in favor was unanimous.
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Myles Standish, Cl k
Paqe 399
Henry Bradby, Chaim