08-15-1991 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE FIFTEENTH DAY OF AUGUST IN THE YEAR NINETEEN. HUNDRED
NINETY ONE
Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross i
ABSENT: Richard L. Turner
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Donald T. Robertson, Assistant to the County
Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 7:00 P.M.. The
invocation was delivered by Supervisor Edwards.
Chairman Bradby called for a public hearing on the following
requests:
1. The request of the Real Smithfield Jaycees to hold a
"Music Jamboree" at Zsle of Wight Academy on Route 258,.
Newport Magisterial District, on Saturday, September 28,
1991 from 11:00 A.M. until 7:00 P.M.
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by the Board.
Supervisor Ross moved the Board approve the application of the
Real Smithfield Jaycees to hold the Music Jamboree as requested.
The motion passed unanimously (4-O).
2. The request of the Windsor Lions Club to hold a "Chick-
a-que" at Foster's Pond which is located on Route~609,
Windsor Magisterial District, on Saturday, August 17,
1991 from 3:00 P.M. until 7:00 P.M.
Chairman Bradby called for citizens to speak in favor.
Ben Brown, Secretary for the Windsor Lions Club,
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by the Board.
Supervisor Edwards moved the Board approve the application of
the Windsor Lions Club for the event as requested. The motion
passed unanimously (4-0).
Chairman Bradby called for a public hearing on the following
rezoning:
The application of Dois I. Rosser, Jr. to amend
Conditional Residential Zoning on approximately 631 acres
of land located on the east side of Route 655, between
Route 620 and Route 656 in Newport Magisterial District.
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The request is specifically to amend proffered condition
#8 regarding public facilities.
Chairman Bradby called for citizens to speak in favor.
Supervisor Edwards asked County Attorney Crook whether it was
procedurally appropriate for this application to come before the
Board of Supervisors as it involved a change in a proffered
condition.
County Attorney Crook replied that the State statutes provide
that the Board can amend a proffer as long as it is provided in
writing prior to the public hearing before the Board of
Supervisors. County Attorney Crook continued ,that this is an
approved proffer done some time ago which the applicants are now
proposing an amendment to which has been tabled at the request of
the applicant for more than a year and that in view of this, 'the
application should be referred back to the Planning Commission.
County Attorney Crook then asked why this application has been
tabled for such a long period of time.
Ed Courtright, representative for Mr. Rosser and the Cypress
Creek project, stated the application has been tabled since
November of 1989 because, at that particular time, there. was no
firm sewer plan.
Supervisor Edwards moved that the application be referred back
to the Planning Commission for a public hearing on same. The
motion passed unanimously (4-O).
Chairman Bradby called for a public hearing on the following
ordinance:
An Ordinance to Amend Article 8B Section 8B-1 (Purpose);
8B-2 {Applicability); 8B-6 (Permit Required); 88-7 (Use
Regulations); 8B-8 (General Provisions): and, 8B-9
(Special Standards and Requirements) of the Flood Plain
Management District of the Isle of Wight County Zoning
Ordinance
Brian David, County Planner, stated upon his submission of the
recently adopted Flood Plain Ordinance to the Federal Emergency
Management Agency (FEMA) for their formal and final review, it was
noted by FEMA that in compliance with the technical requirements
of the National Flood Insurance Program several administrative
procedures required further clarification which resulted in the
amendment being considered by the Board today.
Supervisor Ross moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE OF ISLE OF WIGHT COUNTX
TO ADD THE FLOOD PLAIN
MANAGEMENT DISTRICT AS ARTICLE 8B
Article 8Q. Flood Plain Management District
Sec. 813-1. Purpose.
111e purpose of these provisions is to prevent the loss of life and property,
the creation of health and safety hazards, the disruption of conmerce and
goverrunental services, the extraordinary and unnecessary expenditure of public
funds for flood protection aril relief, and the i<rFpair-nent of the tax base by:
a. Regulating uses, activities, and development which, alone or in
canbination .with other existing or future uses, activities.., and
development, will cause unacceptable increases in flood heights,
velocities, and frequencies.
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.b. Restricting or prohibiting, certain uses, activities, and development
from locating within districts subject to flooding.
c. Requiring all those uses, activities, and developments that do occur in
flood-prone districts to be protected and/or floodproofed against
flooding and flood damage.
Furthermore, it is the intent of these regulations to ensure that all
property owners within the County are eligible for participation in the National
Flood Insurance Program and able to secure such insurance at naninal rates.
Sec. 8B-2. Applicability.-
1. The provisions of this Article shall apply to the following areas:
a. Areas designated as being within the 100-Year flood plain by the
Flood Insurance Study (FIS) prepared by the Federal £inergency
Management Agency and as delineated on the Flood Insurance Rate Map
(FIRM) dated August 19, 1991 or as subsequently may be amended as
Zone A, Zone AE, Zone V or Zone VE. A copy of the FIS and FIRM
shall be filed in the Department of Carmunity Development. and are
hereby made part of this Article. The Flood Plain Management
District (as identified in the FIS). is comprised of five
sub-districts: the Floodway District, the Floodfringe District, the
Approximated Flood Plain District, and the .Coastal Flood
Plain/Coastal High Hazard Flood Plain Districts. The description of
these districts and corresponding zones are identified in the
afore,nentioned FIS report. .
b. Such other areas as may be determined by the Zoning Administrator to
be essential to the alleviation of potential flood damange caused by
the lUU-Year flood. Such deterniination shall be based on drainage
aril hydrology studies and a-nendment or revision of the FIRM shall be
requested by the County.
2. lire Flood Plain ~tanagetnent (FPht) District is an overlay to the existing ,
underlying zoning district. Therefore, the uses, densities, lot configurations,
setback requirements, height restrictions and accessory uses shall be determined
by the underlying zoning district except as such regulations may be modified by
application of the regulations in the FYM District. Where .these regulations are
at variance with other codes, ordinances and regulations, the most restrictive
regulation shall .apply.
3. 'lhe delineation of the Flood Plain Management Uistrict nay be revised by
Isle of Wight County where natural or man-made changes have occurred anti/or where
more detailed studies have been conducted or undertaken by the U. S. Army Corps of
Engineers or other qualified agency, or an individual docwnents the need for such
change. However, prior to any such change, approval must be obtained .from the
Federal Insurance AcLninistration.
4. Initial interpretations of the boundaries of the Flood Plain Management
District shall be made by the Zoning Administrator. Should a dispute arise
concerning the boundaries of any of the Districts, the. Board of Zoning Appeals
shall ma ke the necessary determination. The person. questioning or contesting the
location of the District boundary shall be given a reasonable opportunity to
present his case to the Board and to sutxnit his own technical evidence if he so
desires.
Sec. 88-3. Cau liauce and Liability.
1. No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged or structurally altered within the
Flood Plain Management District except in full compliance with the terms and
provisions of this Article.
2. the degree of flood protection sought by the provisions of this
Ordinance is considered reasonable for regulatory purposes and is based on
acceptable engineering methods of study. This Ordinance does not imply that areas
and land uses outside the Flood Plain Manangement District will be free from
flooding or flood da-nages which may be caused by larger floods or increased flood
heights.
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3. 'This Article shall not create liability on the part of Isle of Wight
County or any officer or employee thereof for .any flood damages that result fran
reliance on this Article or any administrative decision lawfully made thereunder.
Sec. 8B-4. Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this
Article shall be declared invalid for any reason, such decision shall not affect
the remaining portions of this Article. The remaining portions shall remain in
full force and effect; and for this purpose, the provisions of this article .are
hereby declared to be severable.
Sec. 8B-5. Definitions.
For the .purposes of this Article, the following words and terns are hereby
defined:
1. Base Flood/Uue-Hundred Year Flood - A flood that, on the average, is
likely to occur once' every lUU years (i.e., that has a one (1) percent
chance of occurring each year, although the flood may occur in any
year).
2. Board of Zoning Appeals - The board appointed to review appeals made by
individuals with regard to decisions of the Zoning Administrator in the
interpretation of this ordinance.
3. Channel - A natural or artificial watercourse with a definite bed and
banks to confine and conduct continuously or periodically flowing water.
4. Coastal High Hazard Area (GitlA) - The portion of a coastal flood plain
avir~g special flood hazards that is subject to high velocity waters,.
including hurricane wave wash. the area is designated on the F1RM as
Zone VI-3U, VE or V (V-Zones).
5. Develol~nent - Any man-made change to improved or unimproved real estate,.
including, but not. limited to, buildings or other. structures, the
placement of manufactured banes, streets, and other paving, utilities,
filling, grading excavation, mining, dredging, drilling operations, or
storage of equipment or materials.
6. Existing Manufactured Hane Park/Subdivision - A manufactured have park
or subdivision for which the construction of facilities for- servicing
the lots on which the manufactured homes are to be affixed (including,
at a minirrn.un, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads)
is completed before the initial effective date of these regulations.
7. Flood - (a) A general and temporary condition of partial or canplete
inundation of normally dry land areas from: (1) 'lhe overflow of inland
or tidal waters. (2) The unusual and rapid accurrn~lation or runoff of
surface waters. fran any source. (3) Mudslides (i.e. nrudflows) which are
proximately caused by flooding as defined in paragraph (a)(2) of this
definition arxi are akin to a river. of liquid and flowing mud on the
surfaces of nornrally dry land .areas, as when earth is carried by a
current of water ar~d deposited along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or underninir~; caused by
waves or .currents of water exceeding anticipated cyclical levels or
suddenly caused by an urwsually high water level in a natural body of
water, accaupanied by a severe storm, or by an unanticipated force of
nature, such as a flash flood or by sane similarly unusual and
unforeseeable event which results in flooding as defined in (a) (1) of
this definition.
8. Flood Hazard Zone - 'ihe delineation of special flood hazard areas into
insurance risk arxi rate classifications on the Flood Insurance hate Map
(FIRM) published by the Federal Flnergency Management Agency and which
include the following zones and criteria:
Zone A: Areas subject to inundation by the lUU-Year flood where
detailed analyses have not been performed and- base flood
elevations are not shown.
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Zone AE: Areas subject. to inundation by the 100-Year Flood as
.determined by detailed methods with base flood elevations
shown within each area.
Zone VE: Areas along coastal regions subject to additional hazards
associated with storm wave and tidal action as well as
inundation by the 100-Year Flood.
Zone X: Areas located above the 100-Year Flood boundary and having
moderate or minimal flood hazards.
9. Flood Insurance Rate Map (FIRM) - An official map of a community on which
the administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community.
10. Flood Insurance Study - An examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface
elevations, mudslide hazards and/or flood-related erosion hazards.
11. Flood Plain - (a) A relatively flat or low land area adjoining a river,
stream or watercourse which is subject to partial or complete inundation;
(b) an area subject to the unusual and rapid accumulation or runoff of
surface water fran any source.
12. Flood Plain ~fana~ement District - A district established by the Zoning
Ordinance for Isle of .Wight County and in which the restrictions and
conditions of these regulations apply.
13. Flood- gone Area - Any land area susceptible to being inundated by water
fran any source see definition of flooding).
14. Flocxluroof - A construction method designed to ensure that all parts of a
structure or facility located below. the base flood elevation are
watertight with walls impermeable to the passage of water and with
structural components having the capability of withstanding hydrostatic
and hydrodynamic loads and the effects of buoyancy.
15. Floodway - The channel of a river or other watercourse and the adjacent
land areas reyuired to carry and discharge the 100-Year Flood without
increasing the water surface elevation of that flood more .than one (1)
foot at any point.
16. Functionally Dependent Use - A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water.
The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term
storage or related manufacturing facilities. .
17. Historic Structure - Any structure that is:
(a) Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily
deternined~ by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a
registered historic district or a district prelirr-inarily determined
by tf~e Secretary to yualify as a registered historic district;.
(c) Individually listed on a state inventory of historic places in
states with historic preservation programs which have been approved
by the Secretary of the Interior; or
(d) Individually listed on a local inventory of .historic places in
cannunities with historic preservation programs that have been
certified either:
(1) Qy an approved state program as determined by the Secretary
of the Interior or
(2) Directly by the Secretary of the Interior in states without
approved programs.
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18. Manufactured llorne - A structure. subject to Federal Regulations, which is
transportable in one or more sections; is eight body feet or more in
width and forty body feet or more in length in the traveling mode, or is
320 or more square feet when erected on site; is built on a permanent
chassis; is designed to be used as a single family dwelling, with or
without a permanent foundation when connected to the required facilities;
and includes the plumbing, heating, air conditioning, and electrical
systems contained in the structure.
19.. Manufactured Elome Park/Subdivision - A parcel (or contiguous parcels) of
land divided into two or more lots for rent or sale.
20. hteau Sea Level - National Geodetic Vertical Uatum (NGVU) of 1329 to which
all elevations on the F1RP1 aril within the E'locxl lnsurance Study are
referenced.
21. New Construction - For the purposes of determining insurance rates,
structures for which the "start of construction" carmenced on or after
the effective date of an initial FLRM or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such
structures. For flood plain management purposes, 'anew construction"
means structures for which the start of construction cauuenced on or
after the effective date of a flood plain management regulation adopted
by a community and includes any subsequent improvements to such
structures .
22. Recreational Vehicle - A vehicle which is:
(a) built ou a single chassis;
(b) 40U square feet or less when measured at the largest horizontal
projection;
(c) designed to be self-propelled or permanently towable by a light
duty truck; and'
(d) designed prunarily not for use as a pern-anent dwelling but as as
temporary living quarters for recreational camping, travel, or
seasonal use.
23. Start of Construction - 1t~e date the building permit was issued, provided
tl~e actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns,
or any work beyond the state of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include larxi preparation, such as clearing, grading and filling; nor does
it include the installation of streets aril/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the
erection of temmporary forms; nor does. it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration
on any wall, ceiling, floor, or other structural -part of a building,
whether or not the alteration affects the external dimensions of the
building. .
24. Structure - A walled and roofed building, including a gas or liquid
storage tank, that is principally. above ground, as well as a manufactured
home.
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25. Substantial Uama~e - Uamage of .any origin sustained by a structure
whereby ttie cost of restoring the .structure to its before damaged
condition worald equal yr exceed 50 percent of the market value of the
structure before the damage occurred.
26. .Substantial Improvement - Any repair, .reconstruction, or irnprovanent of a
structure, the cost of which equals or exceeds fifty (50) percent of the
n>arket value of the structure either before the improvement or repair is
started or, if the structure has been darrraged, arxi is being restored,
before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when .the first
alteration of any wall, ceiling, floor or other structural part of the
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building conmences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include either
any project for improvement of a structure to comply with existing state
or local health, sanitary or safety code specifications or any alteration
of a "historic structure', provided that the alteration will not preclude
the structure's continued designation as a "historic structure".
Sec. 8B-6. Permit Required.
Within any Flood Plain Management District, the property owner shall
demonstrate that any proposed new development or new construction complies with
the provisions of this Article prior to the issuance of a zoning permit or land
disturbing permit as at~plicable and the initiation of work. Agricultural, outdoor
recreational activities and functionally dependent uses as outlined in Section
8B-7.2 are permitted unless they are proposed within the floodway, or require
structures, fill, or storage of materials and equipment.
It shall be the responsibility of the property owner to provide all
information required by the Zoning Administrator, such as construction plans,
lowest floor elevations, boundaries, locations, engineering data and computations,
as may be necessary to detern~ine compliance with these regulations. This
information shall be prepared anti certified by an architect, certified land
surveyor or professional engineer.
the Zoning Ac3~ninistrator shall review the proposed development to assure
that all necessary permits have been received from those governmental agencies
from which approval is required by Federal or State law, including Section 404 of
the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
Sec. 88-7. Use Regulations.
Permitted uses, special permit uses, accessory uses, dimensional standards,
and special requirements shall be as established by the underlying zoning
district, except as specifically modified herein.
1. The following uses shall be specifically prohibited within the Flood
Plain hlanageJnent District:
a. Lacxifills, junkyards, outdoor storage of inoperative vehicles.
b. Surface mines/borrow pits.
c. hlanufacture, bulk storage, transformation or distribution of
petrole~nn, ch~nical or asphalt products or any hazardous materials
as defined in either or both of the following:
~ Superfund Amendment and Reauthorization Act of 1986
~~ Identification and Listing of Hazardous Wastes, 40 C.F.R. Section
261 (1987)
1t~e following products shall be specifically included:
1, Oil and oil products including petrochemicals.
2. Radioactive materials
' 3. Any material transported or stored in large carimercial
quantities (such as SS-gallon drums) which is a very soluble
acid or base, causes abnormal growth of an .organ or organism,
or is highly biodegradable, exerting a strong oxygen demand
4. Biologically accumulative poisons
S. Substances containing the active ingredients of economic
poisons that are or were ever registered in accordance with the
provisions of the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended (7 USC 135 et seg.)
6. Substances highly lethal to mammalian or aquatic life
d. Storage or land application of industrial wastes
e. Outdoor storage of equipment, materials, or supplies which are
buoyant, fla-nnable, or explosive
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f. Swirnrring pools or any other habitable use when the area beneath the
elevated building is enclosed with walls of any type such as solid
non-breakaway, solid breakaway, or lattice-screen, or when the area
beneath the elevated building is not enclosed and a swiruning pool or
any other obstruction is above natural grade.
2. Tyre following activities Wray occur below the level of the 100-Year flood
elevation if administered in accordance with Section 8B-10 of this
Article::
a. Nonstructural agricultural activities providing that any storage or
stockpiling of manure shall be elevated to a level no 'less than two
(2) feet above the elevation of the 100-Year Flood.
b. Outdoor recreational uses including park areas, golf courses, tennis
courts, and basketball courts.
c. Swin~ning .pools or any other habitable use located below elevated
buildings when the area beneath the elevated building is not
enclosed and the pool or other potential obstruction is flush with
the. natural grade provided that a licensed. surveyor or engineer
certifies that the swirnning pool or other potential obstruction will
not be subject to breaking up or floating out of ground and
affecting the piles or columns of the elevated building.
Furthermore, the swirri<ning pool shall meet the .same anchoring
reyuirernents as the support system of the elevated tuilding and the
area beneath the elevated building shall never. be enclosed with
walls of any type.
d. Functionally dependent uses such as docks, piers and wharves.
e. Access roads and parking areas for the above.
3. In addition to the prohibited uses in Section 8B-7.1, the following
restrictions shall apply to areas in the floodway.
a. In the Eloodway, no encroactunents, including fill, .new construction,
substantial improvements, or other develotxnent shall be permitted
.unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice
that the proposed encroactunent would not result in any increase in
the one hundred (100) year flood elevation.
b. Existing non-conforming structures within the floodway Wray not be
expanded; however, they Wray be repaired, altered or modified to
incorporate flood proofing measures, provided such measures do not
raise the level of the 100-Year Flood.
c. No manufactured home pray be placed. within a floodway except in an
existing manufactured home subdivision.
Sec. 8B-8. General Provisions.
1. No construction or improvement within the .Flood Plain Management
District shall obstruct ar unduly restrict any channel whether or not such channel
lies within a designated floodway.
2. Watercourses shall not be altered or relocated except upon the
presentation of data, certified by a licensed engineer, that the flood carrying
capacity of such a modified watercourse will be at least equal to that prior to
modification. Evidence of all necessary permits or approvals Fran the Federal
Insurance AcLninistrator, adjacent localities, the U.S. Corps of Engineers, the
Virginia Marine Resources Commission, and the State [dater Control Board shall be
required prior to such modification.
3. Adequate drainage shall be provided to reduce exposure to flood hazards.
All stone drainage facilities shall be designed to convey the flow of surface
waters away frarr buildings and on-site waste disposal .sites and .prevent the
discharge of excess run-off onto adjacent properties in order to avoid damage to
persons or property.
Sec. 88-9. Special Standards and Requirements.
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1. Standards for Subdivision~Plats and Site Flans
Preliminary plans, development plans and final subdivision plats of all
properties, all or part of which are located within any Flood Plain
Management District, nn~st be prepared and sealed by a licensed surveyor
or engineer. 'lhe following information, in addition to that which would
otherwise be required, shall be provided on the respective pian: '
a. The 100-Year Flood boundary as depicted on the -FIRM and the Flood
hazard Zone classifications) shall be depicted on preliminary
plans, development plans, and final plats.
b. Development plans shall provide topographical information for the
site at a maximum contour interval of two feet, provided however
that a one-foot contour interval for one-foot lesser and one-foot
greater than the 100-Year Flood boundary shall be shown.
c. 'lhe elevation of the finished surface of the ground at each corner
of each existing building located within any Flood Hazard Zone shall
be shown on development plans and final plats.
d. the elevation of the lowest floor including basement shall be shown
on development plans for new construction or final plats of property
with existing structures.
e. For structures to be flood proofed (non-residential only), the
elevation to which the structure will be flood proofed.
f. In "V" Zones, the elevation (in NGVD) of the bottan of the lowest
horizontal structural member of the lowest floor (exlcuding pilings
or columns).
2. Standards for Utilities
All new or replacement utilities, water filtration, and wastewater
treatment facilities, installed in the Flood Plain Management District
shall be designed to prevent the infiltration of floodwaters into or
discharge fran said utilities and to minimize the potential for flood
damage.
Where private waste disposal systems are to be installed or replaced,
they shall be installed so that they will not be permanently
contaminated or impaired by a base flood.
3. Standards for Streets and Roads
Streets and sidewalks should be designed to minimize their potential for
increasing and aggravating the levels of flood flow. Drainage openings
shall be required to sufficiently discharge flood flows without unduly
increasing flood height.
4. Standards for Filling of Flood Plain Areas
a. Where fill within the Flood Plain Management District is proposed,
the following minimum standards shall apply:
1. Fill areas shall extend laterally a minimum of 15 feet beyond
building lines from all points.
2. Fill material shall consist only of soil and small rock
materials (must pass through a 3 inch opening AST1N standard
sieve). Organic materials, including tree stumps and asphalt
rubble, shall be prohibited.
3. Fill areas shall be graded to a finished slope of no steeper
than one vertical to three horizontal, unless substantiated
data, certified by a licensed engineer, which justifies steeper
slopes is sulxnitted to and approved by the Zoning
AcLninis trator.
4. Fill areas shall be graded to a finished slope of no steeper
than one vertical to three horizontal, unless substantiated
data, certified by a licensed engineer, which justifies steeper
slopes is submitted to and approved by the Zoning
Administrator.
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S. 'ihe Zoning .Administrator shall impose any additional standards
deemed necessary in his opinion to ensure the safety of the
connrunity and properties from additional. flood hazard
.potentials caused by filling within the Flood Plain Management
District.
b. Filling or any other encroachment into a regulatory or other
designated floodway which, as determined by the Zoning
Administrator, in any way impairs its flood conveyance shall be
prohibited.
c. Filling or any other encroachment into any channel within the Flood
Plain Management District which would, as deternrined by the Zoning
Administrator, obstruct or unduly restrict water flows through said
channel and, in so doing, increase the potential for flood damage
shall be prohibited whether or not such channel lies within the
regulatory or other designated floodway.
d. 'Ihe filling of any portion. of property solely to .increase .the
elevation of the land to meet mininnm lot area requirements and
thereby create a buildable -lot for residential construction within
the Flood Plain Management District shall be prohibited..
e. These standards may be individually waived by the Zoning
.Administrator, upon the recamrendation of the Isle of Wight County
[detlands Board for approved parks, recreation facilities, shoreline
erosion control and beach maintenance projects where sufficient data
is presented justifying the project and where it is derrronstrated
that such actions will not increase .flood levels on any properties.
S. Construction Standards for Properties in Zone A
All. new construction or substantial improvements in Zone A crust comply
with all standards applicable to Zone AE contained in this Section and
the -flood plain construction provisions of the Virginia Uniform
Statewide Building Code. In addition, the ow~r~er and/or developer of
such property shall provide to the Zoning AcLninistrator sufficiently
detailed hydrologic and hydraulic analyses, certified by a licensed
engineer, to determine the base flood elevation for the property and the
location of the 1U0-Year flood boundary, and floodway data from federal,
state and other acceptable sources, when available.
6. Construction Standards for Properties in Zone AE
All new construction and substantial .improvements in the Flood Plain
Management District shall occur in accordance with the applicable flood
plain construction provisions for Zone AE contained in the Virginia
Uniforru Statewide Building Code. the Zoning AcLninistrator shall satisfy
himself that all applicable provisions have been carrplied with prior to
issuing Building Permits or temporary or permanent Certificates of
Occupancy.
In addition, the following standards shall apply: '
a. All new and replacement electrical eyuiprnent, and heating,
ventilating, air conditioning and other service facilities shall be
.installed at least 12 feet above the base flood elevation or
otherwise designed and located so as to prevent water fran entering
or accumulating within the system.
b. All electrical distribution panels shall be installed at least 3
feet above the Vase flood elevation or otherwise designed and
located so as to prevent inundation.
c. In all cases, elevation of the aowest floor of the. structure,
to at least lz feet above the base flood
includin
basements
g
,
elevation or, in the case of non-residential structures, flood
proof-irtg to at least that level, is stror~ly encouraged and may
result in a reduction of flood insurance preJniwns.
d. Manufactured hones that are placed or substantially iunproved on
sites shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated to or above the
base flood :elevation and be securely anchored to an adequately
anchored foundation system to resist floatation, collapse and
lateral movement.
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e. Recreational vehicles placed on sites shall either:
1. Be on the site for fewer than 180 consecutive days, be fully
licensed and ready for highway use, or
2. Meet the permit requirements for placement and the elevation
and anchoring requirements for manufactured homes in paragraph
6.d. above.
A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no
pern~anently attached additions.
7. Construction Standards for Properties in Coastal High Hazard Area
All new construction and substantial improvements in the V-zones of the
Flood Plain Management Area shall occur in accordance with the
applicable flood plain construction provisions contained in the Virginia
Uniform Statewide Building Code. The Zoning Administrator shall satisfy
himself that all applicable provisions have been complied with prior to
issuing Building Permits or temporary or permanent Certificates of
Occupany.
In addition, the following standards shall apply:
a. All new construction shall be located landward of the reach of mean
high tide.
b. There shall be no fill used as structural support.
c. There shall be no alteration of sand dunes which would increase
potential flood damage.
d. Within V-Zones on the Flood Insurance Rate Map, obtain the elevation
(in relation to mean sea level) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings
and colunms) of all new and substantially improved structures, and
whether or not such structures contain a basement.
e. All new construction and substantial improvements elevated on
pilings and columns must have the bottom of the lowest horizontal
structural member of the lowest floor (excluding the pilings or
columms) elevated to or above the base flood level and the pile or
column foundation and structure attached thereto must be anchored to
resist flotation, collapse and lateral movement due to the effects
of wind and water loads acting simultaneously on all building
cal~ponents. Water loading values used shall be those associated
with the base flood. Wind loading values used shall be those
required by applicable State or local building standards. A
registered professional engineer or architect shall develop or
review the structural design and methods of construction and shall
certify that design and methods of construction to be used are in
accordance with accepted standards. ,
f. Provide that all new construction and substantial improvements,
within Zones VE, VI-30 and V on the community's FIRM, have the space
below the lowest floor either free of obstruction or constructed
with non-supporting breakaway walls, open wood lattice-work, or
insect screening intended to collapse under wind and water loads
without causing collapse, displacment, or other structural damage to
the .elevated portion of the building or supporting foundation
system. For the purpose of this section, a breakaway wall shall
have a design safe loading resistance of not less than lU and ~no
more than 20 pounds per square foot. Use of breakaway walls which
exceed a design safeloading resistance of 20 pounds per square foot
(either by design or when so required by local or State codes) may
be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
(1) breakaway wall collapse shall result from a water load less than
that which would occur during the base flood; and,
11
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(2) the elevated portion of the building and supporting foundation
system shall not be subject to collapse, displaGnent,'or other
structural damage due. to the effects. of wind and water loads
acting sinniltaneously on all building components (structural and
non-structural). Ldater loading values used shall be those
associated with the base flood. Wind loading. values used shall
be .those. required. by applicable State or local. building
standards. Such enclosed space shall be usable solely for
parking of vehicles, building access or storage.
g. All. manufactured hones to be placed or substantially improved within
.the V-Zones shall canply with the same standards as set forth for
conventional housing in V-Zones.
h. All recreational vehicles placed in V-Zones either be (1) on site
for fewer than 180 consecutive days,. (2) be fully licensed and ready
for highway use, or (3) meet the same standards as for conventional
housing in V-Zones.
i. All new and replacement electrical eyuiPnent, and heating,
ventilating, air conditioning and other service facilities shall be
installed at least 3 feet above the vase flood elevation or
otherwise designed and located so as to prevent water fran entering
or accwmllating within the system.
j. All electrical distribution panels shall be installed at least 6
feet above the base flood elevation or otherwise located sous to
prevent inundation.
k. In all cases, elevation of the lowest horizontal structural member
of the lowest floor of the structure, excluding pilings or columns,
to at least 3 feet above the base flood elevation is strongly
encouraged and may result in a reduction of flood insurance
pretniwns .
Sec. 8t3-1U. Variances.
In acting upon application for variances from the provisions of .this
Article, in addition to the requirements elsewhere set forth in this Ordinance,
the Board of Zoning Appeals shall consider the following additional factors:
1. 'Ihe danger to life and property due to increased flood heights or
velocities caused by encroachments. No variance shall be granted for
any proposed use, development, or activity within any floodway that will
cause any increase in the one hundred (100)-year flood. elevation.
2. 'lhe danger that materials nay be swept on to other lands or downstream
to the injury of others.
3. '!he proposed water supply and sanitation systems and the ability of
these systeans to prevent disease, contanination, and unsanitary
conditions.
4. 'Ihe susceptit~ility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
5. Zhe importance of the services provided by the proposed facility to the
co-nnuni ty .
6. the requirements of the facility for a waterfront location.
7. Zt~e availability of alternative locations not subject to flooding for
tl~e proposed use.
8. 'Ihe canpatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
9. 'Ihe relationship of the proposed use to the comprehensive plan and flood
plain management program for the area.
10. 'Lhe safety of access by ordinary and urgency vehicles to the property
in time of flood .
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11. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
12. The repair or rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and
design of the structure.
13. Such other factors which are relevant to the purpose of this Ordinance.
The Board of Zoning Appeals may refer any application and accompanying
documentation pertaining to any request for a variance to any engineer or other
qualified person or agency for technical assistance in evaluating the proposed
project in relation to flood heights and velocities, and the adequacy of the plans
for flood protection and other related matters.
Variances shall be issued only of ter the Board of Zoning Appeals has
determined that the granting of such will not result in (a) unacceptable or
prohibited increases in flood height, (b) additional threats to public safety, (c)
extraordinary public expense, and will not (d) create nuisances, (e) cause fraud
or victimization of the public, or (f) conflict with local laws or ordinances.
Variances shall be issued only after the Board of Zoning Appeals has
determined that variance will be the minimum required to provide relief from any
hardship to the applicant.
the Board of Zoning Appeals shall notify the applicant for a variance, in
writing, that the issuance of a variance to construct a structure below the one
hundred (100)-year flood elevation (a) increases the risks to life and property
and (b) will result in increased premimun rates for flood insurance.
A record shall be maintained of the above notification as well as all
variance actions, including justification for the issuance of the variances. Any
variances which are issued shall be noted in the annual or biennial report
submitted to the Federal Insurance Administrator.
Sec. 8B-11. Existing Structures in Flood Plain Management District
A structure or use of a structure or premises which lawfully existed before
the enactment of these provisions, but which is not in conformity with these
provisions, may be continued subject to the following conditions:
1. Existing structures in the floodway shall not be expanded or enlarged
unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice that
ttie proposed expanison would not result in any increase in the one
hundred (100)-year flood elevation.
2. Any modification, alteration, repair, reconstruction or improvement of
any kind to a structure and/or use located in any flood plain area to an
extent or amount of less than fifty (50) percent, of its market value,
shall be elevated and/or flood-proofed to the greatest extent possible.
3. The modification, alteration, repair, reconstruction, or improvement of
any kind to a structure and/or use, regardless of its location in a
Flood Plain Planagement District, to an extent or amount of fifty (SO)
percent or -nore of its market value shall be undertaken only in full
canpliance with this Ordinance and the provisions of the Virginia
Uniform Statewide Building Code.
The motion passed unanimously (4-0).
Chairman Bradby called for a public hearing on the following:
Resolution of the County of Isle of Wight, Virginia,
Approving the Service Agreement in Connection with the
Western Tidewater Regional Jail Authority Project and
Allocating the Principal Amount of the Authority's
Revenue Notes Among the Participants in the Project
1
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Chairman Bradby called for citizens to speak-in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for, comments by the Board.
Supervisor Ross moved the Board adopt the following ordinance:
RESOLUTION OF ISLE OF WIGHT COUNTY, VIRGINIA RATIFYING
ITS APPROVAL OF A SERVICE AGREEMENT IN CONNECTION WITH
THE REGIONAL JAIL PROJECT OF THE WESTERN TIDEWATER
REGIONAL JAIL AUTHORITY AND ALLOCATING THE PRINCIPAL
AMOUNT OF THE AUTHORITY'S REVENUE NOTES AMONG THE
PARTICIPANTS IN THE PROJECT
WHEREAS, the Board of Supervisors of .the County of Isle of Wight,
Virginia has determined that it is necessary to participate with
the City of Suffolk., Virginia and the City of Franklin, Virginia
(the "Member Jurisdictions") in the acquisition, construction and
equipping of a regional jail facility (the "Project") through the
Western Tidewater Regional Jail Authority (the "Authority"), and
it is necessary and. expedient to enter into a Service Agreement
with the .Authority and each. of the Member Jurisdictions to provide
for payment of .'the County's pro rata share of the capital costs of
the Project, a portion of which is to be financed through the
issuance of the Authority's .revenues notes in an amount not to
exceed $11 million (the "Notes"), and to pay for the County's share
of the costs of operating and maintaining the Project;
WHEREAS, a public hearing on the Project and the County's
obligations under the Service Agreement has been held and notice
thereof has been published in accordance with the requirements of
Section 15.1-227.8 of the Code of Virginia of 1950, as amended;
WHEREAS, the. Authority. has informed the County and the Member
Jurisdictions that it intends to issue its-Notes for the Project
in August or September of 1991 and has advised the County and the
Member Jurisdictions that the Authority intends to designate the
Notes as "qualified tax-exempt obligations" under Section 265(b)
of the Internal Revenue Code of 1986, as amended (the "Code"), if
the principal amount of the Notes does not exceed $10,000,000 to
encourage commercial banks and similar financial institutions to
purchase them; and,
WHEREAS, the County understands that if it does not take the action
evidenced by this Resolution, it and each of the Member
Jurisdictions will have to take into account the full final
original principal amount of the Notes in determining whether it
is eligible to issue qualified tax-exempt obligations in calendar
year 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE
OF WIGHT COUNTY, VIRGINIA AS FOLLOWS:
1. The Board hereby ratifies and affirms its resolution
adopted on 1991 approving the Service Agreement
and authorizing its execution and delivery and deems this
Resolution its final authorization with respect thereto.
2. The full faith and credit of the County are irrevocable
pledged to the County's obligation under the .Service Agreement to
pay its pro rata share (33.90) plus an additional ten percent
(l0~) of the principal of, premium, if any, and interest on the
Authority's Notes as the same become due and payable. The Board
shall levy an annual ad valorum tax upon all property in the .County
subject to local taxation sufficient to pay such amounts on the
Notes unless other funds are lawfully available .and appropriated
for timely payment.
14
800K 14 ~f.lj ~`~~7
3. The Board irrevocably agrees that the final original
aggregate principal amount of the Notes will be allocated for
purposes of Section 265(b) (3j (C) of the Code to the County and
the Member Jurisdictions on the basis of each Member Jurisdiction's
pro rata share of the costs of the Project as follows:
City of Suffolk ...............................59.30$
County of Isle of~Wight ............................33.90$
City of Franklin ................................... 6.80$
4. The Board finds that the allocation for the Project set
forth above bears a reasonable relationship to the benefits
expected to be received by the County from the issuance of the
Notes by the Authority.
5. This Resolution will take effect immediately'.
The motion passed unanimously (4-Oj.
//
Chairman Bradby called for Citizens Comments.
There were no citizens comments.
//
Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development presented the following resolution for the Board's
consideration:
A Resolution Requesting the Commissioner of the Virginia
Department of Transportation to Accept and Include
Appaloosa Way, Arabian Trail and Stallion Court into the
Virginia State Secondary Road System
Supervisor Edwards moved the Board adopt the following
resolution:
A RESOLUTION REQUESTING THE COMMISSIONER
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACCEPT AND INCLUDE APPALOOSA WAY,
ARABIAN TRAIL AND STALLION COURT
INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in
Springfield Downs Subdivision, Section I, Newport Magisterial
District, Isle of Wight, Virginia have been built in accordance
with Secondary Road Policies, and the Isle of Wight County
Subdivision Ordinance relating to acceptance of streets into the
State's Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the
Virginia Department of Transportation is requested to include into
the Virginia Secondary Road System for maintenance the following
described streets in Green Meadows Subdivision.
1. Appaloosa Way: Beginning at a point on State Route 602,
0.60 miles north from its intersection with State Route
600; thence running in a northwesterly direction 0.46
miles to a cul-de-sac.
Length: 0.46 miles
Right of way: 50 feet
Total length: 0.46 miles
2. Arabian Trail: Beginning at a point on Appaloosa Way,
0.15 miles from its intersection with State Route 602;
thence running in a southwesterly direction 0.22 miles
to a cul-de-sac.
Length: 0.22 miles
Right of way: 50 feet
Total length: 0.22 miles
1
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.;
3. Stallion Court: Beginning at a point on State Route 602,
0.14 miles north with its intersection with Appaloosa
Way; thence running in a westerly direction 0.07 miles
to a cul-de-sac.
Length: 0.07 miles
Right of way:. 50 feet
Total length: 0.07 miles
Unrestricted rights of way fifty (50) feet in width and additional
right of way for the cul-de-sacs, along with the necessary drainage
easements have been provided and are on record in the Office of the
Clerk of the Circuit Court at Isle of Wight County in Plat~Book No.
13, Pages No. 352-355, June 10, 1988 and is guaranteed.
The motion passed unanimously (4-0).
//
Chairman Bradby called for the County Attorney's report.
.County Attorney Crook stated he had nothing for discussion by
the Board in public session.
//
Chairman Bradby called for the County Administrator's report.
County Administrator Standish recommended the Board waive any
permit fees relative to the renovation effort of the Real
Smithfield Jaycees to the old agricultural building.
1
Supervisor Ross moved the Board waive any permit fees relative
to renovation efforts by the Real Smithfield Jaycees. The motion
passed unanimously (4-0).
County Administrator Standish stated the Board previously
approved an additional allocation of $15,473 to the Recreational
Facilities Authority for the current fiscal year and presented a
resolution appropriating same. Thereupon, Supervisor Edwards moved
the Board .adopt the following resolution:
RESOLUTION TO APPROPRIATE FIFTEEN THOUSAND
FOUR HUNDRED AND SEVENTY-THREE DOLLARS TO EXPAND THE
POSITION OF MUSEUM CURATOR FOR THE PARKS & RECREATIONAL
FACILITIES AUTHORITY
WHEREAS, the Recreational Facilities Authority has requested. an
allocation of an additional fifteen thousand four hundred and
seventy-three dollars ($15,473) for the purpose of expanding the
position of Museum Curator from part time to full time; and,
WHEREAS, the funds in the amount of fifteen thousand four hundred
and seventy-three dollars ($15,473) from the unappropriated fund
balance need to be appropriated to the Parks & Recreational
Facilities Authority line item in the 1991-92 budget of the County
of Isle of Wight.
1
NOW, THEREFORE, BE IT :AND IT IS HEREBY RESOLVED by the Board of
Supervisors of the County of Isle of Wight, Virginia that fifteen
thousand four hundred and seventy-three dollars be appropriated
from the unappropriated fund balance to the Parks & Recreational
Facilities Authority line item 11-7100E-5602A in the 1991-92 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 and to do all things necessary
to give this resolution effect.
The motion passed unanimously (4-0).
16
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County Administrator Standish stated the County has been
approached to lease a small portion of land located at the old
County landfill and recommended meeting with the prospective renter
to work out the terms and conditions of the lease.
LJ
County Attorney Crook stated if the County had a prospective
tenant,-the County is legally required to give a public notice of
a proposed lease to include a public hearing. .County Attorney
Crook stated the terms of the lease should be worked out and
published for public hearing.
Supervisor Ross. moved the Board accept the recommendation of
the County Administrator to meet with the prospective renter to
work out the. terms and conditions and place the matter on a future
agenda for the Board's consideration. The motion passed (3-0) with
Supervisor Edwards abstaining from voting on the motion.
County Administrator Standish stated Metro. Information
Services, Inc.. has traditionally been the County's data processing
consultant and proposed a bi-county agreement between Southampton
and Lsle of Wight counties to assist with planning the movevf the
data processing services from Paul D. Camp Community College to its
new location at. the Southampton County Courthouse.
County Attorney Crook. stated it appeared to him that-.the
matter. would come under the Procurement Act which requires that it
be put out for bids and that he would like to have the opportunity
to confer with the Southampton County Attorney to receive. his
viewpoint on the matter. County Attorney Crook further stated this.
was an entirely new matter and not a continuation or extension of
a prior contract.
1
Supervisor Ross moved the Board authorize County staff to
issue an RFP and solicit"bids. The motion passed unanimously {4-
0) .
County Administrator Standish stated Dr. Vito Morlino, School
Superintendent, has forwarded to the Board of Supervisors a
resolution from the School Board requesting that the Board of
Supervisors allow. the School Board to proceed with participating
in the October Virginia Public School Authority Bond issue for the
two new schools.
Dr. Vito Morlino stated that in an effort to continue .the
School Board's plan for construction of the two new schools and
also in keeping with the timetables mandated by the application of
funding, the School Board on August 8, 1991, adopted the resolution
submitted to the Board of Supervisors today as the first step in
a process of submitting an application for the Fall bond sale for
the Virginia Public School Authority. Dr. Morlino further stated
localities wishing to participate in the 1991 Series B bond sale
must send a letter expressing such interest along with the
completed application, form by August 23, 1991 and. that. the
application requires both the governing body and the School Board
to pass a resolution authorizing the application. Dr. Morlino
continued that the School Board has adopted such a resolution and
is now requesting the Board of Supervisors adopt. a similar
resolution authorizing the School Board's application. Dr. Morlino.
stated this step is not a binding commitment, but one that must be
met in the timetable set for the School Board.
1
Supervisor Ross stated the last action of the Board was to
allow the purchase. of property for the Carrollton area, although
the Board did not approve the purchase of property in the Windsor
area and that the request before the Board today included the
acquisition of property in the Windsor area which is an assumption
on the part of the School Board that the Board would approve such
an acquisition. Supervisor Ross concluded that he thought it was
premature for the Board to approve a bond issue at this time and
moved that the Board .defer the matter until the December 5, 1991
meeting. The motion resulted in a tie vote (2-2) with Supervisor
Ross and Chairman Bradby voting in favor of the motion. and
17
s~a~ 14~<< ~2
Supervisors Bradshaw and Edwards voting in opposition to the
motion.
County Attorney Crook informed the Board that a tie vote
defeats a tabling motion.
Supervisor Edwards then moved that the Board approve the
request of the School Board. The motion resulted in a tie vote (2-
2) with Supervisor Edwards and Bradshaw voting in favor of the
motion and Supervisor Ross and Chairman Bradby voting in opposition
to the motion.
County Attorney Crook advised the Board that Supervisor Turner
would have to have an opportunity to vote to break the tie vote.
Supervisor Edwards asked County Attorney Crook if the deadline
was August 23, 1991, could Supervisor Turner cast his vote prior
to the next meeting?
County Attorney Crook replied that the vote must be cast at
the next meeting of the Board and that it would be necessary to
have a continued meeting prior to August 23, 1991.
Mr. Caskey stated at the previous meeting, a request was made
to Mr. Neblett to be responsive to the comments to the Board by Mr.
Holthoff concerning the bridge alignment project at Route .704 in
the community of Rescue.
Mr. Neblett stated the difference in the estimates offered by
Mr. Holthoff and his previous presentation in October of 1990 was
based upon the value one puts on the land and the figures for
construction of the bridge and approaches and associated costs such
as mobilization are estimates based on the cost of past projects
similar in nature. Mr. Neblett further stated after a presentation
last Fall to the Board on the three alternatives, he was directed
by the Board of Supervisors to pursue Alternative II which was to
locate the new structure upstream of the old structure which would
allow the old structure to remain in service while the new
structure was under construction. Mr. Neblett continued stating
that VDOT will be in a position to conduct a location public
hearing in the mid-summer and will proceed with the information
based on Alternative II, but will also be considering Alternative
I due to sufficient interest expressed.
Mr. Holthoff asked the Board to consider Alternative I and
stated it would cost a considerable amount more to pursue
Alternative II rather than Alternative I.
Mr. Neblett stated VDOT would proceed with looking at both
alternatives and would report back to the Board at a later date to
set the public hearing.
Supervisor Bradshaw requested VDOT to remove a dead tree in
the road near Carrsville across from the Fire Department.
Mr. Neblett replied he would check into the matter.
//
Chairman Bradby called for New Business.
There was no new business for discussion.
//
Chairman Bradby called for Old Business.
Pete Green of Mill Swamp Road stated he was concerned about
the cumulative effect of drawdown on the aquifer which could result
from the coal storage facility operation.
18
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//
Chairman Bradby called for Appointments.
Supervisor Bradshaw moved the Board reappoint Otelia Rainey
to the Isle of Wight Recreational Facilities Authority from the
Carrsville Election District. The motion passed unanimously (4-
0) .
//
Chairman Bradby called for approval of the July 18, 1991
minutes of the Board.
Upon recommendation by County Attorney Crook, Supervisor
Edwards moved the Board approve the July 18, 1991 minutes of ttie
Board. The motion passed unanimously (4-0).
//
County Attorney Crook requested an Executive Session under.
Section 2.1-344 A(1) of the Freedom of Information Act specifically
for discussion of a personnel matter regarding early retirement.
At 8:30 P.M., Supervisor Ross moved the Board go into
Executive Session for the reason stated by County Attorney Crook.
The motion passed unanimously (4-0).
At 9:30 P.M., upon returning to open session, Supervisor
Edwards moved the Board adopt the following resolution:
CERTIFICATION QF 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: 4
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING:
The motion passed unanimously (4-O).
At 9:35 P.M., Supervisor Ross stated there would be no action
on the Executive Session matter discussed tonight and moved that
the Board continue the meeting to August 22, 1991 at 2:00 P.M. to
further discuss the personnel matter and the school bond issue.
The motion passed unanimously (4-0).
~ ~~
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19
Henry H. Bradby, Chairman
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20
1