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01-04-1990 Regular MeetingT, 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED NINETY 1 PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Carey Mills, Assistant .Clerk Chairman Bradby called the meeting to order at 2:00 PM. The invocation was delivered by Supervisor Ross. // Chairman Bradby turned the meeting over to County Administrator Standish who called for nominations for Chairman. Supervisor Bradshaw nominated Supervisor Bradby for Chairman. Supervisor Bradby was elected as Chairman of the Board of Supervisors for the year 1990 by unanimous (5-0) vote of the Board. County Administrator Standish called for nominations for Vice Chairman of the Board of Supervisors. Chairman Bradby nominated Supervisor Bradshaw. Supervisor Bradshaw was elected as Vice Chairman of the Board of Supervisors for the year 1990 by unanimous (5-0) vote of the Board. 1 County Administrator Standish turned the meeting over to Chairman Bradby. // R. W. Coates, Resident Engineer, Virginia Department of Transportation, informed the Board that the replacement bridge at Route 10 over the Pagan River has been awarded to McLean Construction Company for $2,318,500., which will be started as soon as the weather permits. Supervisor Bradshaw asked Mr. Coates to see about cleaning out a ditch on Route 641 in Carrsville. Mr. Coates advised he would look into it. // Chairman Bradby called for Public Hearings. 1. The application of Wayne G. Rowe for a change in zoning classification from A-1, Agricultural Limited to Conditional R-MH-1, Conditional Urban Mobile Home District, 3.671 acres of land located on the east side of Route 646, at the intersection of Route 650 and Route 646, in Hardy Magisterial District. The purpose of the application is for no more than four (4) mobile home lots.. Wayne Rowe, owner of the property, submitted a petition with 76 signatures which he stated were people in his neighborhood in favor of his application. Chairman Bradby asked for persons opposed to the application. Margaret Crocker Durden, owner of property across the street from Mr. Rowe, appeared in opposition to the application. Ba~K ~~ ,:a. ~~? '2 Supervisor Bradshaw moved to deny the application. The motion carried (3-2) with Supervisors Bradshaw, Bradby, and Edwards voting aye and Supervisors Turner and Ross voting nay. 2. The application of Lotz Realty Company for a change in zoning classification from A-1, Agricultural .Limited to C-R-A, Conditional Rural Residential, as amended, approximately thirty (30) acres of land located on the north side of Route .620, between Route 655 and Route 258, in Newport Magisterial District. The purpose of the application is for a single family dwelling subdivision of no more than twenty-four (24) lots. A. L. Jones, attorney, appeared representing the applicant. Supervisor Turner stated he was primarily concerned with the failure of the applicant to proffer a central water system for the proposed development and that he would not vote in favor of the application for that reason. County Attorney Crook requested an Executive Session of the Board for advice of counsel concerning probable litigation, specifically the application of Lotz Realty Company, pursuant to Section 2.1-344.A.7. of the Freedom of Information Act. Supervisor Edwards moved for an Executive Session as requested by County Attorney Crook. The motion adopted unanimously (5-0). Following the Executive Session, upon returning to open session, Supervisor Edwards moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, 2.1-344.1 of the Code of Virginia requires a certification by this Board of Supervisors that such executive 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 executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Renewing discussion on the Lotz application, Supervisor Edwards stated that he was concerned about the impact of additional traffic on State Routes 620 and 644 that would result from approving any more development in this area. Although the applicant was proffering road improvement of Route 620 from Highway 258, much of the traffic increase would be east on Route 620 to D ;1 aoaK ~.-~ ~;,:~ ~~~~ 3 Route 644 to Highway 10. This fs a shorter, more direct, route east towards Suffolk and Newport News and also Smithfield High School. Chairman Bradby expressed his concern with the marginal land for septic tanks in this area and that some had failed in the adjoining subdivisions. He stated that new developments in this area should not be approved until central sewage can be provided.. Supervisor Edwards moved to deny the application. The vote in favor was unanimous (5-0). // Supervisor Edwards left at 3:15 PM and did not return to the meeting. // Chairman Bradby called for Citizens Comments. Nehemiah Brown, Jr. appeared relative to problems with division of land into five lots and electricity problems. He stated this was the estate of his father and there were five heirs. Also, the land is located some distance from the public road. County Attorney Crook recommended the Board have a full report from staff and counsel before considering the matter. Supervisor Turner moved that the County staff present a full report to the Board at the February 1, 1990 regular meeting of the Board of Supervisors as to the location, where the law stands now, and what alternatives can be accomplished. The vote in favor was unanimous (4-0) by those members present. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator, Community Development, stated he had nothing in particular to discuss at this time. // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated he had nothing in particular to discuss at this time, but would have a matter for an Executive Session later in the meeting. // Chairman Bradby called for the County Administrator's report. County Administrator Standish reported he had a resolution to accept and appropriate two thousand dollars from the Camp Foundation for a grant to the Windsor Rescue Squad. On Supervisor Turner's motion, the vote was unanimous (4-0) of those members present to adopt the following resolution: i RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND DOLLARS FROM THE CAMP FOUNDATION FOR A GRANT TO THE WINDSOR RESCUE SQUAD WHEREAS, the Board of Supervisors of the County of Isle of ! Wight, Virginia, has received a grant from the Camp Foundation for ! the Windsor Rescue Squad, and WHEREAS, the funds in the amount of two thousand dollars ($2,000) to be received from the Camp Foundation need to be appropriated to the Windsor Rescue Squad line item in the 1989-90 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that two thousand dollars ($2,000) to be received from the Camp Foundation be appropriated to line item 3203-56058 Windsor Rescue Squad in the 1989-90 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia, is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. County Administrator Standish reported he had a resolution to accept and appropriate six thousand dollars from the Ruth Camp Campbell Foundation for grants to the Windsor and Carrsville Volunteer Fire Departments and the Windsor Rescue Squad. On Supervisor Turner's motion, the vote was unanimous (4-0) of those members present to adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIX THOUSAND DOLLARS FROM THE RUTH CAMP CAMPBELL FOUNDATION FOR GRANTS TO THE WINDSOR AND CARRSVILLE VOLUNTEER FIRE DEPARTMENTS AND THE WINDSOR RESCUE SQUAD WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has received a grant from the Ruth Camp Campbell Foundation for the Windsor and Carrsville Volunteer Fire Departments and the Windsor Rescue Squad, and WHEREAS, the funds in the amount of six thousand dollars ($6,000) to be received from the Ruth Camp Campbell Foundation need to be appropriated to the Windsor and Carrsville Volunteer Fire Departments and the Windsor Rescue Squad line items in the 1989- 90 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that six thousand dollars ($6,000) to be received from the Ruth Camp Campbell Foundation be appropriated to line item 3202-56048, Carrsville Volunteer Fire Department ($2,000); 3202-5604E Windsor Volunteer Fire Department ($2,000); and 3203-56058 Windsor Rescue Squad ($2,000) in the 1989-90 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED, that the County Administrator of the County of Isle of Wight, Virginia, is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. County Administrator Standish reported he had a resolution to appropriate one hundred sixty-two thousand one hundred five dollars from the Federal Government for the Title VI-B Flow-Through Program. On motion of Supervisor Ross, the vote was unanimous (4-O) of those members present to adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED SIXTY-TWO THOUSAND ONE HUNDRED FIVE DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE TITLE VI-B FLOW-THROUGH PROGRAM WHEREAS, the School Board of the County of Isle of Wight has received a grant for the Title VI-B Flow-Through Program; and WHEREAS, the funds in the amount of one hundred sixty-two thousand one hundred five dollars ($162,105) need to be appropriated to the School grant fund in the 1989-90 budget of the U 1 u v '6 eo~K 14 ~ ~:~ 4'~ ~ 5 County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred sixty-two thousand one hundred five dollars ($162,105) be. appropriated to line item Title VI-B Flow-Through Program in the 1989-90 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 the things necessary to give this resolution effect. // Chairman Bradby called for Appointments. County Administrator Standish reported that Reverend James H. Johnson had resigned from the Stop organization. On motion of Supervisor Bradshaw, the Board voted unanimously (4-0) of those members present to re-appoint Richard L. Turner to serve another terra on the Public Service Authority. // On recommendation of County Attorney Crook and on motion of Supervisor Ross, the Board voted unanimously (4-O) of those members present to approve the December 7, 1989 minutes as amended on pages 6, 7, and 22. // County Attorney Crook reminded the Board that at the first meeting in January of each year, the Board needed to set the dates for the regular meetings for the year. On motion of Supervisor Ross, the vote was unanimous (4-0) by those members present to continue having the meetings held on the first Thursday of each month at 2:00 P.M. and the third Thursday of each month at 7:00 P.M. // At 3:50 PM Supervisor Ross moved for a five minute recess. The vote in favor was unanimous (4-0) of those members present. // At 3:55 PM Supervisor Ross requested an Executive Session pursuant to Sections 2.1-344 A.3 and 2.1-344 A.7 for discussion with staff and counsel concerning use of property for public purposes, specifically,, negotiations with the Town of Smithfield regarding trash disposal sites. The motion was adopted by unanimous vote (4-O) of those members present. Following the Executive Session, upon returning to open session, Supervisor Turner moved the Board adopt the following resolution: J CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, 2.1-"s 44.1 of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; e~~~ 1.4 r~.,~-~~~ • '6 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 executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 4 NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 1 // At 4:05 PM, Supervisor Ross moved for adjournment, which was adopted by unanimous vote of those members present. Henry H. Bradby, Chairman Myles E. tandish, Clerk ~' r 1 1 1