12-21-1995 Regular Meeting.....
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY FIItST DAY OF DECEMBER IN THE
YEAR 1VINETEEN HUNDRED NINETY FIVE
PRESENT: Malcolm T. Cofer, Chairman
Phillip A. Bradshaw, Vice Chairman
O. A. Spady
Henry H. Bradby
Lud L. Spivey
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator
Carey H. Mills, Assistant Clerk
Chairman Cofer called the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Spady.
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Chairman Cofer called for Special Presentations.
Principal Bill Worsham, Coach Tommy Austin and the team members
of Windsor High School were recognized by the Board.
Supervisor Bradshaw moved the Board adopt the following resolution
RESOLUTION TO RECOGNIZE THE 1995
WINDSOR HIGH SCHOOL FOOTBALL TEAM
WHEREAS, the Windsor High School Football Team participates and
competes in Group A athletics in the Tri-Rivers District of Region A; and,
WHEREAS, the 1995 Windsor High School Football Team completed
i#s most successful season in the School's history by winning the Region A
Championship with a victory over Surry High School; and,
WHEREAS, the 1995 Windsor High School team advanced to the
semi-finals of the Group A Virginia State Championship; and,
WHEREAS, the team completed the season with a successful overall
record of 10 wins and only 3 losses.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the 1995
Windsor High School Football Team be recognized for its superior
achievements in Virginia High School athletics.
The motion was adopted unanimously (5-0).
Clarence H. Carter, Executive Director, Governor's Employment and
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Training Program addressed the Board on the issue of Welfare Reform and
related employment training programs.
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Supervisor Bradshaw requested the County Administrator to arrange
a work session with Mr. Carter after the holidays and include the Director
of Social Services.
- Russ Myers, Eggleston, Smith, Hall, Cotman & Company, addressed
the Board on the County's FY199495 Financial Audit.
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Chairman Cofer indicated the following Consent Agenda included.
Items I, A through E, and asked if there were any items for removal:
A. Resolution to Appropriate $1,680 From the Unappropriated
Fund balance of the General Fund for the Smithfield Head Start
Center for Furnace Replacement
B. Resolution #o Appropriate $3,000 From the .Unappropriated
Fund Balance of the General Fund to Sponsor A Veterans Day
Parade
C. Resolution to Appropriate $900 From the Unappropriated Fund
Balance of .the General Fund for the Commission on Aging to
Sponsor A Youth Concert
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D. Authorization to Execute Change Order No. 3, Closure of
County Landfill (Resolution to Appropriate $24,882 From the
Unappropriated Fund Balance of the General Fund For
Additional Expenditures For the Closure of the County Sanitary
Landfill)
E. Delinquent Real Estate Tax Collection Monthly Report
There being no items requested by the Board members for removal,
Supervisor Bradshaw moved the Board approve all items of the Consent
Agenda. The motion was adopted unanimously (5-0).
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Chairman Cofer called for Transportation Matters.
A. Turn-lane improvements at the intersection of South Main Street
(Route 285) and Route 10 -Bypass in the Town of Smithfield
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R. Bryan David, Director of Planning and Zoning, reported
construction is complete on the installation of right-turn lanes and extended
left-turn lanes at the. intersection of South Main Street and Route 10~Bypass
in the Town of Smithfield. Mr. David further reported similar. funding is
being secured from the MPO for the preliminary work of developing the
Cypress Creek Connector.
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B. Installation of flashing lights at intersection of Walters Highway
(Route 258) and Carrsville Highway (Route 58-Business)
Mr. David reported VDOT has advised that based on the low accident
experience, excellent signing, the presence of left turn lanes and good sight
distance, there is no justification for the installation of intersection control
beacons at this location.
C.' .Speed .study of Hunt Club Road (Route 630)
Mr. David reported that while VDOT does not recommend the
existing unposted statutory 55 mph speed limit be lowered, it does
recommend a "WINDING ROAD" symbol sign be installed on both
approaches in advance of the curve with a supplemented 25 mph advisory
speed plate.
D. Temporary closure of Beaverdam Road (Route 630) to through
traffic between Walters Highway (Route 258) and Carrsville
Highway (Route 58 Business) during reconstruction of the
bridge over Beaverdam Swamp
Mr. David reported VDOT has advised that Route 630, Beaverdam
Road, will be closed for approximately 120 days to thru traffic. between
Routes 258 and 58 Business at the bridge over Beaverdam Swamp beginning
December 11, 1995 due to construction of a new bridge and approaches.
E. Poplar Drive/Rushmere Shores
Mr. David stated regarding Poplar Drive, VDOT has advised the
County will need to accomplish a number of things in order to have the
street taken into the State's Secondary Road System and he is requesting
direction from the Board before proceeding with the matter.
Chairman Cofer requested Mr. David provide additional cost
estimates at the Board's January meeting relative to inclusion of the
roadway in the State Secondary System and to coordinate further with
VDOT, as necessary.
In response to Supervisor Bradby's inquiry concerning the status of
the road parallel to Route 10, Mr. David was requested to arrange a meeting
with VDOT and to notify Mr. Bradby of same.
In response to Norman Hollowell's inquiry of the status of Pruden
Road and the right-of--way dedications required by VDOT, Mr. David is to
resolve and coordinate all remaining issues and to communicate directly
with Mr. Hollowell.
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Chairman Cofer called for Citizens Comments.
William Riddick requested the Board's assistance with securing
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accurate supplemental tax bills from the Treasurer's office.
Supervisor Bradshaw suggested he, Chairman Cofer, County Attorney
Crook and Bill Riddick meet with the Treasurer regarding the supplemental
tax .bills. Mr. Riddick was requested to bring documentation on his
concerns at that time.
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Chairman Cofer called for the Community Development report.
A. Application of Henry H. Stiltner for a Conditional Use Permit
to locate a mobile home on the subject property for the
applicant's daughter.
Chairman Cofer .opened the public hearing and called for citizens to
speak in favor of or in opposition to the proposed application.
Upon no one appearing, Chairman Cofer closed the public hearing
and called for comments from the Board..
Supervisor Spady moved the Board approve the application of Henry
H. Stiltner with the requirement that the mobile home be removed from the
property when the applicant's daughter is no longer occupying it. The
motion was adopted unanimously (5-0).
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B. Application of James A. Young for a Conditional Use Permit to
locate a mobile home for his mother, Cleo Young, on eighteen
(18) acres of land situated on lot 5 in the Jenkins Mill
Subdivision.
Mr. David stated because a letter of opposition was submitted at the
Planning Commission meeting regarding the possible restriction of mobile
homes from the subject lot, the matter was tabled by the Planning
Commission to allow the County Attorney time to research if any such deed
restriction applied. Mr. David stated the County Attorney has advised the
.Planning Commission that his research did not reveal the existence of any
such restriction on mobile homes for this lot. Mr. David. stated the Planning
Commission voted unanimously to recommend approval of this application
to the Boazd.
Supervisor Bradshaw moved the Board approve the application of
James A. Young with the requirement that the mobile home be removed
when the applicant's mother is no longer .occupying it. The motion was
adopted unanimously (5-0).
C. Application of Jim Godwin, lessee, to display a lighted,
projecting sign measuring three feet by ten feet (3' x 10') on the
building which he is leasing for .his business, Hallmazk
Communications, at 14528 Benns Church Boulevazd in the Saint
Luke's Historic District.
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Mr. David stated the Historical Architectural Review Committee
recrmmends approval of the application to the .Board.
Supervisor Spady moved the Board approve the application of Jim
Godwin. The motion was adopted unanimously (5-0).
D. Application of Red Dot Ventures, lessee, to display a lighted,
projecting sign measuring fourteen feet by sixteen feet (14' x 16')
on the building which is being leased for the business, Military
Surplus, located at 14524 Berms Church Boulevard in the Saint
Luke's Historic District.
Mr. David stated the Historic Architectural Review Committee
rernmmends approval of the application to the Board.
Supervisor Spivey moved the Board approve the application of Red
Dot Ventures. The motion was adopted unanimously (5-0).
E. Dredging of the Jones Creek Navigation Channel
Mr. David stated the Corps of Engineers had requested the Board
defer consideration of the matter until the Board's January meeting to allow
the Corps time to determine whether funds may become available for this
project.
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order
of the agenda to conduct the public hearings. The motion was adopted
unanimously (5-0).
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Chairman Cofer called for a public hearing on the following:
A. The application of Keith and Cheryl Latimer for a Conditional
Use Permit to locate a mobile home to be occupied by mother,
Mildred West, at 19315 Beechwood Lane, in Newport
Magisterial District.
Chairman Cofer called for citizens to speak in favor of or in
opposition to the proposed application.
Keith Latimer and Mildred West appeared requesting favorable action
from the Board.
Mr. David submitted letters from Kim and Anthony Powell and James
C. Bradshaw in favor of the application for the record and the Board's
consideration.
Supervisor Spivey noted there are existing mobile homes on Berms
Church Boulevard and requested Mr. David to explain the Planning
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Commission's rationale concerning this trailer.
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Mr. David responded that the Comprehensive Plan recommends
single wide mobile .homes be located only on individual lots outside
established mobile home parks with only three exceptions, i.e., family
member, building of a permanent residence, or for farm help.
Chairman Cofer noted for the record a letter received from Everett
and Faula Sutton at 14243 Berms Church Boulevard expressing their
opposition to the application.
Supervisor Spady asked Mr. Latimer if it was possible to locate the
mobile home at the mobile home. park located approximately 300 feet from,
the proposed site or if his mother-in-law could live at his rental home.
Mr. Latimer replied the rental home is on the market for sale and the
mobile home park is not a viable option because of the expense.
Supervisor Spivey moved .the Board approve the application.. The
motion was defeated (2-3) with Supervisors Bradby and Spivey voting in
favor of the motion and Chairman Cofer and Supervisors Spady and
Bradshaw voting against the motion.
Supervisor Spady moved the Board deny the application. The motion
was adopted (3-2) with Chairman Cofer and Supervisors Spady and
Bradshaw voting in favor and Supervisors Bradby and Spivey voting
against the motion.
B. Resolution Requesting Transportation Enhancement Funds From
the Virginia Department of Transportation For Boykin's Tavern
Restoration and Preservation Project
Chairman Cofer called for citizens to speak in favor of or in
opposition to .the proposed resolution.
Ronald York, representing the Isle of Wight County Historical Society,
and Diane Howard, Director of Tourism, spoke in favor of the application.
Chairman Cofer called for comments from the Board.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT
FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION
FOR THE BOYKIN'S TAVERN RESTORATION
AND PRESERVATION PROJECT
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WHEREAS, in accordance with Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by
resolution be received from the local government in order that the Virginia
Department of Transportation program an enhancement project in Isle of
Wight County..
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WHEREAS, the Board of Supervisors of the County of Isle of Wight
request the Commonwealth Transportation Board to fund the Boykin's
Tavern Restoration and Preservation Project at a total cost of $440,000.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of the County of Isle of Wight hereby agrees to pay 20 percent of the total
cost, and that, if the County subsequently elects to cancel this project, the
County hereby agrees to reimburse the Virginia Department of
Transportation for the total amount of the cost expended by the Department
through the date the Department is notified of such cancellation.
BE IT FURTHER RESOLVED that the Board of Supervisors of the
County of Isle of Wight directs that appropriate letters of endorsement be
solicited from those agencies or groups having an interest in the
procurement of this project.
The .motion was adopted unanimously (5-0).
C. Resolution Endorsing Transportation Enhancement Funds From
the Virginia Department of Transportation For Virginia's Civil
War Trail Program -Battle of Smithfield
Chairman Cofer called for citizens to speak in favor of or in
opposition to the proposed resolution.
Upon no one appearing, Chairman Cofer called for comments from
the Board.
Supervisor Spivey moved the. Board adopt the following resolution:
RESOLUTION ENDORSING TRANSPORTATION ENHANCEMENT
FUNDS FROM .THE VIRGINIA DEPARTMENT OF
TRANSPORTATION FOR VIlZGINIA'S CIVIL WAR TRAIL
PROGRAM -BATTLE OF SMITHFIELD
WHEREAS, the Commonwealth Transportation Board has previously
allocated funds under the Transportation Enhancement Program to projects
which enhance Virginia's Civil War sites in order to promote tourism;
WHEREAS, the project entitled Virginia Civil War Trails -Battle of
Smithfield is proposed for funding under the 1996 Transportation
Enhancement Program;
WHEREAS, the Board of Supervisors of Isle of Wight County finds the
Battle of Smithfield a project worthy of such funding which will
complement existing Civil War sites in Isle of Wight County and further
promote tourism in the County, the Town of Smithfield, and the
Commonwealth of Virginia;
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of
Supervisors of Isle of Wight County hereby endorses and supports the
Virginia Civil War Trails Program -Battle of Smithfield project and
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respectfully requests favorable 'consideration by the Commonwealth
Transportation Board.
The motion was adopted unanimously (5-0).
D. An Ordinance to Regulate Smoking in Isle of Wight County,
Virginia
County Attorney Crook stated the ordinance was prepared .tracking
the enabling statute but now includes the deletion of the workplace for
private businesses which the Board directed prior to the advertising of the
ordinance for public hearing.
Chairman Cofer called for .citizens to speak in favor of or in
opposition to the proposed ordinance..
Alan Nogiec, Director of the Public Parks and Recreational Facilities
Authority, stated the adoption of the proposed ordinance may impact some
of the programs offered to the public for recreational purposes.
Chairman Cofer called for comments from the Board.
Supervisor Bradshaw moved the Board amend the ordinance limiting
it to County-owned public buildings and authorize the County Attorney to
advertise the matter for public hearing at the Board's January 1996 meeting.
The motion .passed (3-2) with Supervisors Bradby, Bradshaw and Spivey
voting in favor of the motion and Chairman Cofer and Supervisor Spady
voting against the motion.
E. An Ordinance to Amend Certain Provisions of Chapter 4.1 of
the Isle of Wight County Code for Licensing and Regulating
Cable Television Systems
County Attorney Crook stated the cablevision company has requested
the ordinance previously adopted by the Board be amended to delete the
requirement for copyright insurance and allow them to blackout sports
events they are required to blackout.
Chairman Cofer called for citizens to speak in favor of or in
opposition to the proposed ordinance.
Sharon Stallings, Insight Cablevision Manager, spoke in favor of .the
ordinance amendment stating that County Attorney Crook. had correctly
summarized why the cablevision company needed the amendments.
Chairman Cofer called for comments from the Board.
Supervisor Spady moved the Board adopt the following orc~'inance:
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AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF
CHAPTER 4.1 OF THE
ISLE OF WIGHT COUNTY CODE FOR LICENSING
AND REGULATING CABLE TELEVISION SYSTEMS
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WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
on August 17,1995, adopted an Ordinance to Amend Chapter 4.1 of the Isle
of Wight .County Code for Licensing and Regulating Cable Television
Systems which superseded all prior Ordinances and Amendments
preciously adopted by the Boazd of Supervisors of Isle of Wight County for
licensing and regulating cable television systems; and,
WHEREAS, Insight Communications Company, The cable television
system franchised under said Ordinance by the Board of Supervisors of Isle
of Wight County, Virginia, has requested certain modifications of certain
provisions of said Ordinance as hereinafter mentioned; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it in the best interests of the citizens~of the County and of
said licensee to amend certain provisions of said Ordinance as hereinafter
specified.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that Sections 4.1-4, (a), (5), and 4.1-11, be
amended to read as follows:
Section 4.1-4
(a)
(5) Deleted.
Section 4.1-11. Program alteration
All programs of broadcasting stations carved by the Licensee shall be
carried in their entirety as received, with announcements and
advertisements and without additions, subject to any syndicated exclusivity,
network non-duplication and sports blackout requirements. The Licensee
hereby agrees to provide the same channels offered in the City or Town
from which the service is being extended, subject to any .contractual or
federally mandated "must-carry" obligations and/or restrictions.
The motion was adopted unanimously (5-0).
F. The application of R. T. H. Johnson, Sr. for a change in zoning
classification from R 2y Residential General to R-MH A, Rural
Mobile Home District, lots 84, 85 and 86 of Jamestown Annex,
located at the intersection of Carver Road (Route 1603) and
Pocahontas Avenue in Windsor Magisterial District. The
purpose. of the application is for the permanent location of a
mobile home.
Chairman Cofer called for citizens to speak in favor of or in
opposition to the application.
Barbara Staton spoke in favor of the application.
Chairman Cofer called for comments from the Board.
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Supervisor Bradshaw moved the Board approve the application
provided the Board of Zoning Appeals grants the necessary variances to the
Zoning Ordinance set back requirements. The motion was adopted
unanimously (5-0).
G. The application of .First Dominion Land, Inc. for a change in
zoning classification from A-1, Agricultural Limited to
Conditional R-A, Conditional Rural. Residential approximately
fifty-nine (59) acres of land located on the east and west sides
of Colosse Road (Route 641) and east side of Darden's Mill Road
(Route 629) in Windsor Magisterial District. The request is for
no more than nine (9) single family lots.
Chairman Cofer called for citizens to speak in favor of or in.
opposition to the application.
Jeff Gardy, Attorney, appeared on behalf of the applicant, First
Dominion Land. Mr. Gardy stated the applicant has reduced their request
to nine lots, the smallest proposed lot being 1.83 acres and the largest
thirteen acres. Mr. Gardy further stated the proposed single-family
residential homes are required to be either 1,600 square feet with an
attached garage or 1,800 square feet with a detached garage and will
include the stipulation that there will be no resubdivision of any lot.
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George Parker spoke in opposition. Mr. Parker stated Mr. Gardy
represented that modular or double-wide mobile homes would not be
placed on the .lots, however, a separate tax parcel was. sold which now
contains adouble-wide. Mr. Parker further stated another tax parcel was
sold across the. road, making. a total of eleven. lots rather than nine. Mr.
Parker continued there are 21.44 acres left and he is concerned that there
could possibly be another 10-151ots created with the installation of a road.
down the middle.
Lisa Parker Little, Gilmore Parker, Jerry Butler and Rebecca Parker
individually spoke in opposition citing increased traffic, fire protection,
water and sewage situations, trash disposal, police protection, safety and
population concerns.
In rebuttal, Mr. Gardy stated that while he can understand why the
Colosse residents want to keep their community a rural setting, he does not
believe that. nine additional lots spread out on sixty acres of .land will
destroy the present way of life in Colosse.
Supervisor Spady requested Mr. Gardy to elaborate on the two parcels
that had been sold and the double-wide mobile home which was placed on
the property.
Mr. Gandy stated one large parcel was sold to a farmer and one
separate tax parcel was sold which contains a modular home.
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Chairman Cofer closed the public hearing and called for comments
from the Board..
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Supervisor Spivey inquired if the twenty-one acre residual lot could
be developed into as many as twenty lots if a street were built.
IVir. David stated if the twenty-one acre parcel was further subdivided
it would first have to be rezoned and the Subdivision Ordinance would
allow for the creation of up to three lots. from the twenty-one acre tract
without a public road being built. Mr. David further stated if zoning
approval was granted and a subdivision street was built io State standards
then it is a matter of how much frontage there is on the State road.
Supervisor Spivey stated if leaving the land A-1 would guarantee it
maintains its current use, he would not consider this application favorably.
Supervisor Spivey stated he believes this land will be sold and the Board
has a responsibility to guarantee that the landowner has some rights and to
protect the community from undesirable or offensive types of activities.
Supervisor Spivey continued he believes this plan to be reasonable because
it protects the community from offensive uses such as commercial farming.
Supervisor Spady stated he believes the residents of Colosse will be
better off with this development than one possibly proposed in the future.
Supervisor Spady stated the Colosse residents will at least have control over
what the proposed landowners can do on their property.
Supervisor Bradshaw stated the Comprehensive Plan discourages strip
development along County roads and highways and he believes in
preserving the rural areas of the County. Supervisor Bradshaw further
stated he is concerned about the impact twelve new residences on the
secondary road will create, as well as the demands of the new County
residents for improvements to the road. Supervisor Bradshaw stated Mr.
Gardy did not follow-up in a satisfactory manner with the residents of
Colosse to work out fair restrictions, as promised by IVir. Gardy. Supervisor
Bradshaw noted it was stated the developers would not place double-wide
trailers on the proposed lots, however, there is a modular home on one of
the sites now. Supervisor Bradshaw stated fire protection was not
addressed by .the Planning Commission and he would also like to know
who would be responsible for ensuring the property rezoned will have
adequate drainage as this land was once swamp land.
Supervisor Bradby stated when he was elected it was with the
understanding that he would be responsive to the concerns and desires of
the citizens. Supervisor Bradby stated he has listened to the citizens of
Colosse tonight. and respects their wishes.
Supervisor Cofer stated mobile homes and livestock could be located.
on the lots under the current zoning, however, rezoning of the land would
guarantee protection to the residents living in the community.
Supervisor Bradshaw moved the Board deny the application. The
motion was defeated (~3) with Supervisors Bradshaw and Bradby voting
in favor of the motion and Chairman Cofer and Supervisors Spady and
Spivey voting against the motion.
Supervisor Spivey moved the Board approve the application. The
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motion .passed (3-2) with Chairman Cofer and Supervisors Spivey and
Spady voting in favor of the motion and Supervisors Bradshaw and Bradby
voting against the motion.
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H. The application of Georgia S. Williams, owner and M. L. Coburn
& Company, Inc., prospective owner for a change in zoning
classification from A-1, Agricultural Limited to Conditional M 1,
Conditional Industrial Limited, approximately three (3) acres of
land located on the east side of Airport Drive (Route 616) in
Windsor Magisterial District. The purpose of the application is
for the storage. of contractors equipment as conditioned.
Chairman Cofer called for citizens to speak in favor of or in
opposition to the application. -
Mike Coburn requested favorable action on his application.
Chairman Cofer closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved the Board approve the application of
Georgia S. Williams. The motion was adopted unanimously (5-0).
I. The application of A. W. Livesay and F. C. Stewart, owners and
Springdale Housing Phase II, Inc., prospective. owner, for a
change in zoning classification from A-1, Agricultural Limited
to Conditional R-2, Conditional Residential General,
approximately five (5) acres of land located off the north side of
Carrsville Highway (Route 58) in Windsor Magisterial District.
The purpose of the application is for ten (10) multi-family
dwelling units as conditioned.
Chairman Cofer called for citizens to speak in .favor of or in
opposition to the application.
Bruce Stewart, attorney,. spoke on behalf of the applicants.
County Attorney Crook noted that the proffer is that. the cash
payment. would be made to the County at the time the building permit is
purchased whereas in the past the County has preferred to have the proffer
paid at the time the property is sold.
Mr. Stewart stated the developer is paying $7,000 and the current
owners are paying $2,000.
County Attorney Crook asked if it would be a problem for the proffer
to be paid at the time of sale, as is customary.
Mr. Stewart stated it would not be a .problem with the owner,
however, the project is financed through HUD and the money is not
available until closing.
The County Attorney noted the County can be flexible regarding the
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proffers on this project under the circumstances.
Harry. Moser; Architect; stated regarding the proffers, the owner of the
property is a non-profit organization and the money for the development
comes from HUD who does not provide any funding until the project is
closed. Mr. Moser further. stated permission was requested previously to
pay for the building permit on the first phase at the time that the project
was closed which was agreeable to the County and the same request is
being made for this phase, to include the payment of the proffers. Mr.
Moser continued there are twelve vehicles serving the forty apartment units
and VDOT has determined that the trips per day would be less than one
hundred for the eighty apartment units.
Chairman Cofer closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved the Board approve the application of A.
W. Livesay. The motion was adopted unanimously (5-0).
//
At 8:40 p.m., Supervisor Bradshaw moved the Board take aten-minute
recess. The motion was adopted unanimously (5-0).
Upon returning to open session at 8:53 p.m., Chairman Cofer called
for the continuation of the Community Development report. ,
F. Moon Creek Farm -Partial Plat,. Battery Park Road (Route 704),
Newport Magisterial District
Mr. David stated the Board previously moved to direct that he record
a resolution declaring the County's approval of the plat void because it was
not recorded within six months of the date of approval. Mr. David further
stated the subdivider recently .corresponded with him and requested that
the Board reconsider its decision.
Leonard Willis stated upon approval of the subdivision to five acre
farmettes by the Board, Terry Lewis (former Planning Director) approved
the plat and he (Leonard V~'illis) took the mylar plat to Mr. Laine's office for
recordation. Mr. Willis further stated earlier this year he was approached
by a group of citizens desiring to purchase three of the five-acre parcels.
Mr. Willis stated review of Courthouse records indicated no record of the
plat. Mr. Willis stated a representative of his refiled the plat and he was
later notified by Bryan David who. advised.: him that the regulations
required the plat to be recorded within six months. Mr. Willis stated his
attorney reviewed the matter and determined that the rules then in effect
related to farmette subdivisions did not mention a length of time required
to file a farmette subdivision. Mr. Willis stated the only. explanation he
received from. Mr. Laine's office for why the plat was not recorded was the
plat he gave them was too large to fit in the plat book.
County Attorney Crook stated he knew for a fact that there were
problems during that period of time. with the Clerk's office recording plats
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because of the scale and the ordinance was amended to reduce the>scale to
accommodate the Clerk's office. County Attorney Crook stated `ache Board.
has never refused to approve a plat or renew the approval when the plat
was not recorded on time if there was a reason for it and Mr. Willis has
explained his reasons to the Board.
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Supervisor Spady moved the Board rescind the resolution pertaining
to the action of the Board at their November 16, 1995 meeting voiding the
plat. The motion was adopted unanimously (5-0).
Supervisor Spady further moved that the subdivision plat be
approved. The motion was adopted unanimously (5-0).
G. Plat of Parcel C and Parcel D, being part of the property of.
Dashiell Land Trust, located on Berry Hill .Farm Lane in Hardy
.Magisterial District
Chairman Cofer moved the Board authorize the Subdivision Agent to
approve the subject subdivision plat pursuant to Section 6-1 (Exception). of
the Subdivision Ordinance. The motion was adopted unanimously (5-0).
H. County .Bikeway Plan
Mr. David advised the Board that a draft. plan would be presented to
the Board in late Spring or early Summer.
I. Camptown Convenience Center
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Mr. David advised the County Attorney is drafting an agreement to
be forwarded along with a Special Use Permit application to the Franklin
City Attorney for his and Council's consideration. Mr. David stated upon
execution of the documents, same will be presented to the Board for further
consideration
//
Chairman Cofer called for the County Attorney's report.
County Attorney Crook stated he had several matters for discussion
in executive session later in the meeting.
County Attorney Crook advised the Board that a lease with the City
of Franklin for a convenience center has been forwarded to the Franklin
City Attorney for his comments.
County Attorney Crook advised the Board that he has prepared a
legislative priority to allow. localities to require impact fees from developers.
f]
County Attorney Crook stated that he had conferred with local Judges
and the establishment of a Small Claims Court is not recommended at this
time.
//
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Chairman Cofer called for the County Administrator's report.
The 1995-96 Annual Financial Report was presented to the Board for
their review. Chris Ledford, the County's former Budget and Finance
Director, Anne Seward and Kelly Holland were recognized for their efforts
in this regard.
Supervisor Bradshaw moved the Board. adopt the following resolution
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S
LEGISLATIVE PROPOSALS TO BE PRESENTED TO THE COUNTY'S
DELEGATION TO THE 1996 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that
affect local governments both directly and indirectly; and,
WHEREAS, the County of Isle of Wight has specific interest in matters
dealing generally with local governments, as well as with matters directly
impacting the County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight
County's General Assembly Delegation so that it may know of the County's
position on these important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID that the
Board of Supervisors of the County of Isle of Wight endorses the attached
legislative proposals for the 1996 General Assembly Session and directs that
both this resolution and the. legislative proposals be forwarded to Isle of
Wight County's. General Assembly Delegation and that the .County
Administrator and his staff work with and assist the Delegation as
appropriate..
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION SUPPORTING THE LEGISLATIVE PROPOSALS
OF THE ISLE OF WIGI~T SCHOOL BOARD FOR THE
1996 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that
affect public education in the Commonwealth of Virginia; and,
WHEREAS, the Isle of Wight County School Board has specific
interest in issues impacting the County's School System directly and
indirectly; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia supports the legislative .proposals offered by the Isle of Wight
County School Board regarding public education; and,
WHEREAS, such support should be conveyed to the Isle of Wight
County General Assembly Delegation.
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NOW, THEREFORE, BE IT AND'IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia supports the
legislative proposals developed and offered by the Isle of Wight County
School Board regarding public education issues which will be considered
during the 1996 Session of the Virginia General Assembly and directs that
said support be conveyed via. this resolution to Isle of Wight County's
General Assembly Delegation.
[;
The motion was adopted unanimously (5-0).
Supervisor Spivey moved the Board adopt the following resolution:
RESOLUTION SUPPORTING THE LEGISLATIVE PROPOSALS
OF THE VIRGINIA ASSOCIATION OF COUNTIES FOR
THE 1996 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, Isle of Wight County, Virginia is a participating member
of the Virginia Association of Counties (VACo); and,
WHEREAS, VACo produces annually a legislative program which
addresses issues vitally important to the local governments of the.
Commonwealth of Virginia; and,
WHEREAS, VACo has developed a legislative program and policy
statements for consideration during the 1996 Session of the Virginia General
Assembly; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
supports the 1996 Legislative Program adopted by the Virginia Association
of Counties.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia supports the
1996 Legislative Program adopted by the Virginia Association of Counties
for consideration during the 1996 Session of the General Assembly and
directs that said support be conveyed via' this resolution to Isle of .Wight
County's General Assembly Delegation
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWO MILLION DOLLARS FROM
THE 1995 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL
CONSTRUCTION FUND
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the school construction program; and,
1
WHEREAS, the funds in the amount of two million dollars
($2,000,000) need to be appropriated from the 1995 School Bond Issue
Proceeds to the School Construction Fund in the 1995-96 budget of the.
County of Isle of Wight, Virginia.
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NOW, THEREFORE, BE IT AND TT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that two
million dollars ($2,000,000) from the 1995 School Bond Issue Proceeds be
appropriated to the School Construction Fund in the 1995-96 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.
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE. FOUR HUNDRID
. EIGHTY EIGHT THOUSAND FIVE HUNDRED DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL
FUND TO THE ISLE OF WIGHT COUNTY SCHOOLS
WHEREAS, during the 199495 budget year, the Isle of Wight County
Schools underestimated the amount of revenues to be received from sources
other than local by three hundred seventy seven thousand seven hundred
eighteen dollars ($377,718); and,.
WHEREAS, local funds in the amount of one hundred seventy
thousand one hundred sixty seven dollars ($170,167) were not utilized in
the schools 199495 operating budget; and,
WHEREAS, the Isle of Wight County School Board is requesting the
re-appropriation of unexpended funds in the amount of four hundred
eighty eight thousand five hundred dollars ($488,500) for several projects
needed by the schools.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that four
hundred eighty eight thousand five hundred .dollars ($488,500) from the
unappropriated fund balance of the General Fund be appropriated to the
Isle of Wight County Schools in the 1995-96 budget of the County of Isle of
Wight for specific projects identified by the Isle of .Wight County School
Board.
BE IT FURTHER RESOLVED that the County Administrator is hereby
authorized to make the appropriate accounting adjustments in the 1995-96
budget and to do all things necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey stated the Board previously approved
the construction of a solid waste convenience center at the Poor House
Farm. IVIr. Caskey stated Public Works staff has secured bids from three
contractors and the low bid received is $45,379.
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Supervisor Spivey moved the Board table the matter until the January
meeting and direct the Director of Public Works to enlist an engineer's
advice on the bid specifications, particularly on the thickness of the
concrete, without endangering the integrity of the project. The motion was
adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution for
the Parks and Recreational Facilities Authority to continue the improvement
to the Jones Creek Convenience Center area:
RESOLUTION TO APPROPRIATE SIX THOUSAND NINE HUNDRED
EIGHTY DOLLARS FROM THE UNAPPROPRIATED FUND .BALANCE
OF THE GENERAL FUND FOR ASBESTOS REMOVAL AT JONES
CREEK
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has .authorized the demolition and removal of an unoccupied.
building on County~wned property at Jones Creek; and,
WHEREAS, the removal of asbestos is necessary prior to the
demolition of the building; and,
1
WHEREAS, funds will need to be appropriated .from the
unappropriated fund balance of the General Fund in the amount of six
thousand nine hundred eighty dollars ($6,980) for the asbestos removal at
Jones Creek.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that six
thousand nine hundred eighty dollars ($6,980) from the unappropriated
fund balance of the General Fund be appropriated for the removal of
asbestos from the County-owned building at Jones Creek in the 1995-96
budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator is hereby
authorized to make the appropriate accounting adjustments in the 1995-96
budget and to do all things necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey stated regarding the YMCA roof
repairs,. bids were secured from three contractors with the low bid in the
amount of $12,960.
Supervisor Spady moved the Board accept the. low bid contingent
upon investigation by County staff of the new rooting application, Modified
Torch-Down System, represented by the .low bidder. The motion was
adopted unanimously (5-0).
1
Alan S. Nogiec, Director of the Public Parks and Recreational Facilities
Authority, requested the Board approve utilization of unexpended .capital
funds in the amount of $2,000 for the purchase of a replacement pickup
body for an existing vehicle.
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Supervisor Bradshaw moved the Board table consideration of the
matter until -the January meeting. The motion was adopted unanimously
(5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE IIGHT HUNDRID FORTY
DOLLARS TO PURCHASE A MASS CASUALTY TRAILER
WHEREAS, the County of Isle of Wight, Virginia is susceptible to any
ftumber of natural and/or man-made .disasters which could create large
numbers of casualties; and,
WHEREAS, the Tidewater Emergency Medical Services Council, Inc.
has been awarded funds from the Virginia Rescue Squad Assistance Fund
for 80% of the purchase price of ten (10) mass casualty trailers; and,
WHEREAS, one of the trailers will be placed in the County of Isle of
Wight for local and regional emergencies requiring such facilities; and,
WHEREAS, each locality housing a mass casualty trailer is responsible
for providing $840 as the local match for the grant funding; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia is desirous of providing safe and necessary emergency care
equipment.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that eight
hundred forty dollars ($840) from the unappropriated fund balance of the
General Fund be appropriated to purchase a mass casualty trailer.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia i~ authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
Chairman Cofer requested Donald T. Robertson to provide the Board
with a detailed operations/procedures plan.
County Administrator Caskey stated the Western Tidewater Radio
Association is requesting the Board's permission to utilize tower space on
the County's .communication tower located at the Public Works facility
which would enable the Association to assist the County's emergency
services personnel with regard to emergency communications during
natural and manmade disasters.
Supervisor Bradshaw moved the Board authorize the Western
Tidewater .Radio Association to install and utilize an antenna on the
County's communications tower under the stipulation that no County
communications equipment or operations will be adversely affected and the
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matter be coordinated with the Sheriff's office. The motion was adopted
unanimously (5-0).
Supervisor Spady moved the Board adopt the following. resolution:
RESOLUTION TO PARTICIPATE IN THE COMMUNITY WORK
PROJECT PROGRAM AND ACCEPT THE USE OF INMATE LABOR
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WHEREAS, the Commonwealth of Virginia Department of Corrections
has developed the Community Work Project Program which affords ,
localities acost-effective way to complete projects and gives non-violent
inmates opportunities to contribute to the community as well as build
marketable skills; and,
WI-iF~IZEAS, the County of Isle of Wight, Virginia currently utilizes the
services of local non-violent offenders referred by the Courts System or the
local regional jail; and,
WHEREAS, the County desires to participate in the Community Work
Project Program sponsored by the "Virginia Department of Corrections.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by t;te
Board of Supervisors of the County of Isle of Wight, Virginia to accept the
use of inmate labor through .the Community Work Project Frogram
sponsored by the Commonwealth of Virginia Department of Corrections.
The motion was adopted unanimously (5-0).
Supervisor Bradshaw requested County Administrator Casket' to
investigate the possibility of utilizing the inmates for ditch cleaning efforts.
1
The Board was presented with a status report on the Health
Department facility. County Administrator Casket' stated the structural
engineer is recommending that the County hire a geotechnical engineer to
determine the condition of the soil underneath the facility and at that point
the structural engineer can make his finat report.
Supervisor Spady moved the Board accept the report and table the
matter until the January meeting. The motion was adopted unanimously
(5-0).
Supervisor Bradshaw moved the Board .adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE SIX THOUSAND
DOLLARS- FROM THE RUTH CAMP CAMPBELL FOUNDATION;
TWO THOUSAND DOLLARS FROM THE CAMP YOUNTS
FOUNDATION; TWO THOUSAND DOLLARS FROM THE CAMP
FOUNDATION FOR FIItE AND RESCUE SERVICES IN THEIR
DISTRICT
1
'WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a donation for fire and rescue services; and,
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WHEREAS, the funds in the amount of ten thousand dollars ($10,000)
need to be appropriated to the appropriate fire and rescue line items in the
1995-96 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 ten
thousand dollars ($10,000) be accepted and appropriated to the Carrsville
Volunteer Fire Department line item ($4,000), Windsor Fire Department line
item ($2,000), and the Windsor Volunteer Rescue Squad line item ($4,000)
in the 1995-96 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 program and to do all things
necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Casket' noted the VACo/VIVIL/Legislative Day
is scheduled for February 15, 1996 and the Board may wish to alter their
meeting date for the month of February as it will .coincide with the
conference.
County Administrator Casket' reminded the Board that their
Statements of Economic Interest are due in January of 1996.
//
Chairman Cofer called for Old Business.
There was no old business offered for discussion by the Board.
//
Chairman Cofer called for New Business.
Supervisor Bradshaw moved the Board appoint athree-member
committee consisting of the County Administrator, County Attorney and
one Board .member and that the County Administrator be directed to
contact the Chairman of the Public Recreational Facilities Authority to
request they appoint athree-member committee of their Authority to meet
to discuss the pros and cons of continuing as an Authority. The motion
was adopted unanimously (5-0).
Supervisor Spady further moved the Board appoint the Chairman of
the Board to serve on the committee. The motion was adopted
unanimously (5-0).
Chairman Cofer stated he has met with the Isle of Wight County
Sheriff and the Town of Smithfield regarding 911 response time in the
southern end of the County. Chairman Cofer further stated he will have a
recommendation at the January 1996 meeting regarding joint service areas
and response.
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//
Chairman Cofer called for Appointments.
Supervisor Bradshaw moved the Board reappoint G. W. White, Jr. as
the official tie breaker of the Board for an additional four-year term which
will expire in January 2000. The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board appoint Anne F. Seward to the
Revenue and Finance Task Force to support the Southeastern Public Service
Authority Intergovernmental Coordinating Committee. The motion was
adopted unanimously (5-0).
//
Chairman Cofer called for approval of the November 16, 1995
minutes.
Upon recommendation of County Attorney Crook, Supervisor
Bradshaw moved the Board approve and adopt the November 16, 1995
minutes. The motion was adopted unanimously (5-0).
//
County Attorney Crook requested an executive session pursuant to
Sections 2.1-344 Al, 3 and 7 of the Freedom of Information Act concerning
consultation with staff and counsel regarding a personnel matter, advice of
counsel relative to contract negotiations and acquisition and/or use of
public property for public purposes.
At 10:00 p.m., Supervisor Spivey moved the Board enter executive
session for the reasons stated by .the County Attorney. The motion was
adopted unanimously (5-0).
Upon returning to open session at 10:30 p.m., Supervisor Bradshaw
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, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted in
conformity with Virginia law;
1
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
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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
The motion was adopted unanimously (5-0).
//
Supervisor Spady moved the Board change the regulazly scheduled
January 18,1996 meeting to January 10,1996 at 6:00 p.m. and authorize staff
to advertise same. The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board change the regularly
scheduled February 15, 1996 meeting to February 8, 1996 at 6:00 p.m. and
authorize staff to advertise same. The motion was adopted unanimously
(5-0).
The County Administrator was directed to request the attendance of
Virginia Beach representatives to attend the Board's February 1996 meeting.
//
At 10:36 p.m., Supervisor Spivey moved the Board adjourn.. The
motion was adopted unanimously (5-0).
~~ •
W. Dou as skey, Cle
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Malcolm T. Cofer, C airman
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