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07-16-1996 Regular Meeting,•. •r ~~ LJ 1 BOON. 16 ~..; 7UJ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF JULY IN THE YEAR NINETEEN HUNDRED NINETY SIX PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice Chairman O. A. Spady Robert C. Claud, Sr. Malcolm T. Cofer 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 Bradshaw called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Cofer. // Chairman Bradshaw indicated the following Consent Agenda included Items 1, A through F, and asked if there were any. items for removal: A. Water Quality Impact Assessment - Gatling Pointe South (Phase III) in Newport. Magisterial. District B. Subdivision Plat of Echo Lake, Great Springs Road (Route 655) in Newport Magisterial District C. Status of Data Processing System D. Delinquent Real Estate Tax Collection Monthly Report E. June 13, 1996 Special Meeting Minutes F. June 20, 1996 Regular Meeting Minutes There being no items requested by the Board members for removal, Supervisor Cofer moved the Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). // r .Chairman Bradshaw called for Transportation Matters. Regarding the Draft Route 10 Corridor Study, R. Bryan David, Director of Planning and Zoning, stated the. Planning Commission voted unanimously to recommend the Study be supported by the County, but that the Commonwealth Transportation Board and VDOT should consider widening the roadway to four lanes on an incremental basis. 1 804K 16 •:';710 In response to Supervisor Bradby's expressed concern relative to improvements beginning where the Route 10 Bypass stops, IVIr. David stated he would make this part of .the Board's recommendation. Supervisor Spady moved the Board receive .and endorse the VDOT study and further recommend that areas of Route 10 with high traffic. counts be considered. for .four-lane expansion. The motion was adopted unanimously (5-0). Supervisor Claud requested staff contact Surry and Prince George Counties. 'and bring. back their recommendations for incorporation into the Study. Concerning the speed limit on Routes 10/258 where the 45 mph zone begins at the Smithfield Plaza Shopping Center, Mr. Neblett stated he would again request a comprehensive study, as preformed in 1991, and provide 1VIr. David with the results. for the Board's information. In response to Board concerns relative to the Route 260 connector, Ivir. Neblett stated VDOT is anticipating. a letter from the Army .Corps of Engineers requesting additional information on -some of the alignments. Chairman Bradshaw requested the Director of Planning and Zoning contact the Army Corps of Engineers to initiate a meeting to expedite .the process and that such meeting should include the VDOT Resident Engineer. Supervisor Claud requested the status of the intersection of Routes 654 and 644, specifically as it relates to the placement of a four-way stop sign. Mr. Neblett advised the Routes 654/644 intersection did not meet the necessary criteria to justify afour-way stop sign, however, VDOT has installed "Intersection Ahead" signs on Route 654. Mr. Neblett stated he will request .the traffic engineering section to review and evaluate the intersection again and forward a copy of the response: to Supervisor Claud. Supervisor Claud stated some intersections have. extenuating circumstances which require VDOT to go beyond the parameters that would normally be followed for intersections and requested the Resident Engineer place afour-way stop sign for atwelve-month period. Responding to Supervisor Claud's .request, 1VIr. Neblett indicated he would place Pope Swamp Road on the candidate list. Supervisor Bradby requested Mr. Neblett examine the driveway at the church in Rushmere .for proper drainage. Clarence T. Whitley, Whitley's Crossroads, requested VDOT pave Whitley's Crossroads. Reiterating Supervisor Claud's request, Thomas L. Darden urged VDOT to install afour-way stop sign at the intersection of Routes 654 and 644. C • 2 ,~. BOOK ~U ., _ 7~1 County Administrator Caskey noted that the County had established an escrow account for its local share of funds to match State funds under VDOT's Revenue Sharing Program for FY1995-96. // 1 1 1 Chairman Bradshaw called for Citizens Comments. Natalie Bradby, representing the Commission on Aging, requested the Board appropriate .$1,000 for expenses for a concert and reception honoring veterans. Supervisor Bradby moved the Board appropriate $1,000 for a concert . and reception honoring veterans, as requested.. The motion was adopted unanimously (5-0). William Riddick appeared stating his concerns regarding the method by .which the Treasurer operates and maintains his office's records as to ..delinquent taxes on real estate. Chairman Bradshaw offered to discuss the matter with the Treasurer and report back to 1Vlr. lZiddick on the results of such meeting. Delores Clements appeared stating her concerns regarding organized biking events in the County and inquired if such events are being sanctioned by the County. Following discussion by the- Board, the Chairman directed staff to set a meeting of the bike organizers, concerned citizens, the Sheriff's office and Supervisor Claud to resolve voiced concerns.. Keith Whitley requested. the status of the health insurance problems the County is currently experiencing with H. L. Duke and Company. .County .Attorney Crook advised the County has terminated its contract with H. L. Duke and Company and steps are now being taken to resolve certain issues. County Attorney Crook stated he would be willing to discuss with Mr. Whitley his specific concerns, but not in a public forum. Charles Green, Country Way, requested the Board explain why it is considering repealing the "No Wake" signs on Jones Creek. .County Attorney Crook stated .the Board, responding to complaints at their June meeting, directed him to prepare an ordinance to repeal the "No Wake" zone at Jones Creek. County Attorney Crook stated the matter will be advertised .for public hearing and all interested citizens will have an opportunity to speak. before the Board makes a decision on whether or not " to repeal the "No Wake" gone. // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of r~ 3 AO~N 16 : ~ f ~2 the agenda to conduct the public hearings.. The motion was adopted unanimously (5-0). Chairman Bradshaw called for a public hearing on the following: A. The. application of Yeoman Farm Trust for a Conditional Use Permit to amend the operation plan of the "Yeoman Pit" which is located off the west side of Benns Church Boulevard (Route 10) between Turner Drive (Route. 644) .and Cypress Run Drive, in Newport Magisterial District. The amended plan requests an increase in acreage to be excavated from twenty-eight (28) acres to forty-three (43) acres and also requests five (5) years' extension on the life of the permit. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed. application. Jeffrey Gardy, attorney, appearing on behalf of the applicant, explained the amended plan requests an increase in acreage from twenty- eight ,(28) acres to forty-three (43) acres and also requests five (5) years' extension on the life of the permit. Mr. Gardy stated the pit will be operated in the same manner as in the past. Upon no one else appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. .The Chairman read for the record a letter dated July 12, 1996 from Charles. F. Groom, Jr., attorney for Mollie G. Turner, adjoining property owner, stating she has no objection so long as the request conforms to the plat showing the proposed extension and hauling .route. Supervisor Spady requested the applicant remove sand. from the roadway more frequently and moved the Board approve the application of Yeoman Farm Trust. The motion was adopted unanimously (5-0). B. The application of Isle `of Wight County Public Recreational Facilities Authority. to hold the "1996. Isle of Wight County Fair" on Thursday, September 5, 1996 through Sunday, September 8, 1996 on 43.9 acres of -land adjoining the Courthouse Complex which is located on the west side. of Courthouse Highway (Route 258) in Hardy Magisterial District. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Ludford T. Creef, III, Director of Public Works, spoke in favor. Upon no one else appearing,. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board approve the application of the Isle of Wight County Public Recreational Facilities Authority. The motion was 1 1 1 4 ,•. i adopted unanimously (5-0). Boor. ~~ =• . 7 ~ 3 1 C. The, application of the Smithfield High School Parent Teachers Association to hold a circus by Carson & Barnes .Circus, Inc. on Tuesday, September 24, 1996 with performances at 4:30. p.m. and 7:30 p.m. on 10 acres of land at Smithfield High School which is located on the south side of Turner .Drive (Route 644) in Newport Magisterial District. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Gene Lowery, President of the Smithfield High School P.T.A. spoke on behalf of the applicants. ' Upon no one else appearing, Chairman Bradshaw closed. the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of the Smithfield High School Parent Teachers Association. The motion was adopted unanimously (5-0). D. Consideration of a request for the Department of Game and Inland Fisheries for the Commonwealth of Virginia to establish a "No Wake Zone" on Jones Creek from a point one thousand (1,000) feet more or less beginning at the Rescue Bridge (Route 704) land extending one thousand (1,000) feet more or less along Jones Creek south of said bridge. Chairman Bradshaw. called for citizens to speak in favor of or in opposition to the .proposed request. Upon no one .appearing, Chairman Bradshaw .closed the public hearing and called for comments from the. Board. Supervisor Claud stated the Board will be considering whether or not to repeal the "No Wake" Zone at Jones Creek at their August meeting and moved the Board table consideration of this matter until the Board's August 15, 1996 meeting so that both matters can be considered together. The motion was adopted unanimously (5-0). E. The application of Elliott Cohen for a change in zoning classification from .B-1, Business General to Conditional. R-1, Conditional Residential Limited, approximately fifteen (15) acres of landlocated on the west side of Carrollton Boulevard (Route 17) between Deep Bottom Road (Route 662) and Ashby Way in Newport Magisterial District. The purpose of the application is for a single family residential subdivision of no more than thirty (30) lots. (Tabled June 20,1996 at the request of the applicant). Chairman Bradshaw called for citizens to speak in .favor of or in opposition to the proposed application. 5 ao~K 1f .:.714 Elliott Cohen appeared and spoke on behalf of his application... Scott Brower, Assistant Chief, Carrollton Volunteer Fire Department (CVFD) inquired if Mr. Cohen intends to continue allowing the CVFD to use one-half .acre of his property for parking for the CVFD. Mr. Brower further inquired if the Board intends .for the CVFD to remain at its present site. County .Attorney Crook stated the proffer as originally submitted to .the Planning Commission. was to donate one-half acre to the CVFD in lieu of cash proffers. County Attorney Crook stated the Planning Commission did not recommend this .and the matter was tabled and reconsidered at which time Mr. Cohen proffered $1,500 per lot to offset the fiscal impact of the development on the County, but deleted his proffer of one-half acre for the Fire Department. Mr. Cohen stated originally he was willing to donate one-half acre to the CVFD in lieu of a cash .proffer, however, the Planning Commission could not .determine the worth of the half acre of land and whether or not this was. a suitable location for the CVFD. As a result, Mr. Cohen offered a cash proffer with the intent that if .the CVFD decides they. do want to build at the present site he will sell the lot to the County. Mr. Cohen stated he is still willing to supply water and sewer to the. property .line of the CVFD. County Attorney Crook stated Mr. Cohen's willingness to supply water and sewer to the property must be in writing and should be submitted to the Board prior to the public hearing. Supervisor Spady asked Mr. Cohen if the CVFD remains at the current ..location, would he forward a letter to the County proffering the water and sewer hook-up to the County? Mr. Cohen replied in the affirmative and requested that the proffers be amended to include the water and sewer hook up to the CVFD. Upon no one else appearing, Chairman Bradshaw.. closed the public hearing and called for comments from the Board.. Supervisor Claud moved the Board approve the application of .Elliott Cohen with the additional proffer. The motion was adopted unanimously (5-0). Supervisor Spady requested staff contact. the Carrollton Volunteer Fire Department to set a meeting to discuss the .future location of the Department. F. The application of Gene A. and Deborah Lille, owners and Dexter A. Marlow, prospective owner, for a change in zoning classification from A-1, Agricultural Limited. to Conditional R-A, Conditional Rural Residential, approximately twelve (12) acres of land located off the west side of Longview Drive (Route 602) 1 1 ~~ ., eoo~ ~E .; .. ~ ~. ,i between Bowling Green Road (Route 644) and Appaloosa Way in Newport Magisterial District. The purpose of the application is for one (1) lot, as conditioned. 1 Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Fred Quayle, attorney, spoke on behalf of the applicants. Upon no one else appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Cofer. moved the Board approve the application of -Gene A. and Deborah Lille. The motion was adopted unanimously (5-0). LJ~ G. The application of E. B. Barker, Jr. for a change in zoning from `Conditional R-A, Conditional Rural Residential to Conditional R-1, Conditional. Residential Limited, approximately eleven (11) acres of land located on the north side of Morgart's Beach.Road (Route 673) between Boykins Lane (Route 705) and Day's Point .Lane (Route 672) in Hardy Magisterial District. The purpose of the application is for no more than six (6) lots, as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. County Attorney Crook stated. the applicant has requested the matter be tabled and readvertised -for public hearing at the Board's August 15, 1996 meeting. .Supervisor Cofer moved the Board -table the matter until the Board's August 15, 1996 meeting and readvertise, per the applicant's request. at his expense. The motion was adopted unanimously (5-0). H. The application of James H. and Jacqueline M. Siviter for a change in zoning .classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, six (6) acres of land .located on the south side of Muddy Cross Road between Apache Trail. and Turner Drive (Route 644) in Newport Magisterial District. The purpose of the application is for one lot, as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application James .Siviter spoke on behalf of the applicants. [] Upon no one .else appearing, Chairman Bradshaw closed the.. public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of James H. and Jacqueline M. Siviter, as proffered. The motion was adopted 7 unanimously (5-0). eo~K 16 : :716 L The application of William S. Bach t/a DBA Franklin Associates L.L.C. for Special Use Permit to utilize the old "Ames" building located at 1323 Carrsville Highway (Route 58 Business) as a community building for church services, meetings, dances, weddings, concerts, boxing or sports events and general entertainment purposes. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Richard Cross, President, Church of God, spoke in favor of the application. Mr. Cross stated the Church of God, in the past, has used this building for religious services and conventions. Chairman Bradshaw noted an amendment to the application contained in the agenda has been received for the Board's consideration which removes boxing and. sports events as permitted uses. Upon no one else appearing,. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw stated the building .has been used in the past without approval of a Special Use Permit and the Sheriff's Department has. responded to problems involving alcohol on the premises. Chairman Bradshaw stated the old Sears building is currently being leased #o a local labor union for. a meeting place. Chairman Bradshaw stated the lease held by Winn Dixie specifically conditions t11at certain activities cannot. be held in the shopping center while they are tenants. Due #o the absence of the applicant,. Supervisor Spady suggested tabling the matter to the .Board's August 15, 1996 meeting., Mr. Cross stated the Church of God's next event is scheduled for August 11, 1996, which is before the regularly scheduled August 15, 1996 Board meeting, and urged the Board to take action on the request tonight. Supervisor Cofer moved the Board approve the application of William S. Bach for a Special Use Permit for church services and meetings, weddings and religious concerts. only. The motion was adopted unanimously (5-0). // Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). At 7:44 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). // ~LJ 8 ,: Returning to open session at 7:55 p.m., Chairman Bradshaw called for any additional citizens comments. Upon no one coming forward, Chairman Bradshaw called for the Community Development report. 1 A. The. application of Danny Steve Edwards for a Conditional Use Permit to locate a mobile home to be occupied. by Brian Edwards, son, and his immediate family on two (2) acres of land located on the east side of .Bob White Road (Route 652) between Bowling Green Road (Route 644) and Woodland Drive (Route 600) in Newport Magisterial District. Mr. David stated the Planning Commission considered the application at their July meeting and voted unanimously to recommend approval to the Board with the condition of removal of the mobile home when no longer. occupied by Brian Edwards. Supervisor Claud moved the Board approve the application of Danny Steve Edwards with the condition of removal of the mobile home .when it is no longer occupied by Brian Edwards. The motion was adopted unanimously (5-0). !~~ L~ B. Plat of Parcel A, being .part of the property of Norman Lee Moore, Lake. Point Drive, Newport Magisterial District Mr. David stated the plat was originally reviewed and approved by the County's subdivision agent in February of 1986, however, based upon the subdivider's representation that he was not aware of the plat .needing to be recorded in the Clerk of Circuit Court's office, the subdivider did not record the plat within the required six months' period, thereby causing the plat to become void in August of 1986. Mr. David stated the subdivider desires to record the plat in order to sell the property to a third party, but due to changes in the Subdivision Ordinance, a number of significant. variances must be granted. Norman Lee Moore spoke on his behalf and requested the Board to approve his request. Supervisor Claud moved .the Board approve the plat again for recording so that the ordinances, as they existed at that time (February, 1986), apply. The motion was adopted unanimously (5-0). C. Location of three (3) abandoned mobile .homes located on Tax Parcel.Nos. 53-1-1 through 4, Windsor Boulevard (Route 460), in Windsor Magisterial District. 1 Mr. David :distributed photos of three mobile homes and stated Mark Levenson telephoned to advise he would be responsible for their removal. Mr. David stated Mr. Levenson currently resides in Los Angeles, California, and would, therefore, desire additional time to make appropriate arrangements to remove the mobile homes and cut the grass. Supervisor Spady moved the Board table consideration of the matter 9 UU'~1~ ~V ~r':~ 7~V until the August 15, 1996 Board meeting so that appropriate and timely arrangements may . be made by the property owners' representative to satisfactorily resolve the matter .and if .such arrangements are not forthcoming, nor reasonable, then authorize at the Board's August 15,1996 meeting that the violations be administratively corrected. The motion was adopted unanimously (5-0). The Director of Planning and Zoning noted that. the Board will conduct a work session to review the proposed Draft Zoning Ordinance on Monday, July 22, 1996 at .7:00 p.m. John Edwards, Planner and GIS Coordinator, was formally introduced to the Board by Mr. David. // Chairman Bradshaw called for the County Attorney's report. County Attorney Crook stated the County has, by ordinance, been regulating bingo games as authorized by State statute, but the General Assembly has now provided for bingo to be regulated by State agencies. County Attorney ,Crook stated the County may still regulate .bingo if it chooses, however, State regulations will govern and County regulations would just be a duplication and he would therefore recommend the Board authorize. him to prepare an ordinance removing County regulations on bingo. Supervisor Cofer moved the .Board authorize the County Attorney to draft the appropriate ordinances removing County regulations on bingo. The motion was adopted unanimously (5-0). County Attorney Crook stated he has several matters for executive session later in the meeting.. // Chairman Bradshaw called for the County Administrator's report. County Administrator. Caskey stated he provided the Board earlier with an executive summation of Norfolk's Safe Yield Study which attempts to determine the maximum yield. from. the City of Norfolk's water supply system during worst. drought conditions. County Administrator Caskey stated should the City of Norfolk increase pumpage of the Blackwater and Nottoway Rivers, the lack of surface water could .have a significant impact on the ability of Isle of .Wight County, the City of Franklin and Southampton County to withdraw any. additional surface water from these rivers .and. to rely on these rivers as .future water resources. County Administrator Casket' stated should the City of .Norfolk. increase its groundwater pumpage as outlined in the report, the lack of groundwater could have significant impact on the ability of the County to withdraw any water for its own use. County Administrator Casket' stated he would recommend the Board adopt the resolution contained in the agenda. t 10 - t BOQK ~U~ ~:. 7_LJ .Supervisor Spady moved the Board adopt the following resolution and that same be sent to all localities in southside Hampton Roads, as well as the HRPDC 'and DEQ: 1 RESOLUTION EXPRESSING CONCERN WITH CONCLUSIONS OF THE CITY OF NORFOLK SAFE YIELD STUDY WHEREAS, the City of Norfolk has prepared a report entitled "Safe Yield Study" prepared by Gannett Fleming. dated April, 1996 which details the maximum safe yield of the City of Norfolk water supply system; and, WHEREAS, said study maximizes the use of groundwater pumpage and river .pumpage in determining the maximum safe yield; and, . 1 WHEREAS, the maximum pumpage of groundwater by-the City of Norfolk has the potential to significantly affect .the availability of groundwater for use by both the citizens of Isle of Wight County and the potential for Isle of Wight County and other western Tidewater localities to withdraw additional groundwater; and, WHEREAS, the maximum pumpage of the. Blackwater and Nottoway Rivers has the potential to significantly affect the future availability of additional surface water for Isle of Wight County and other western Tidewater localities. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID that the Board of Supervisors of Isle of Wight County, Virginia expresses its concern with the conclusions of the aforesaid study and the potential for the City of Norfolk to increase its pumpage of both groundwater and surface water in the western Tidewater area thereby .reducing the availability of both groundwater and surface water to supply the needs of Isle of Wight County and other western Tidewater localities. The motion was. adopted unanimously (5-0). County .Administrator Casket' referred to a request from Jessica Kim Archer, of which a copy was forwarded to the Chairman, requesting a Carrsville Volunteer Rescue Squad to serve the southern end of the County, including Carrsville. County Administrator Casket' stated there have been ongoing discussions between the County and the City of Franklin concerning Franklin's ability to provide emergency rescue response to the southern end of the County. Supervisor Cofer stated he recently rnet with the Franklin City Manager and the Chief of Fire and Rescue. Supervisor Cofer stated Franklin Fire and Rescue is currently running approximately 80% of the calls in the area of Joyners Bridge Road tothesouthern end of the County. Supervisor Cofer stated the Franklin City Manager and Chief of Fire and Rescue will meet with the Franklin City Council and forward a plan for the Board's consideration at their August 15, 1996 meeting. Supervisor Cofer stated if feasible, the City of Franklin may become the first responder for rescue in this area, similar #o the County's current agreement with the City 11 800K ~6 ,':;'~~~~ of Suffolk Fire Department for first response in that portion of the County next to Chuckatuck. Chairman Bradshaw directed staff to notify Jessica Kim Archer of .discussions ensuing with the City. of Franklin. County Administrator Casket' stated action by the Board on the HREMC agreement was deferred at the Board's .July 16, 1996 meeting to allow the County Attorney an opportunity to review same. County Administrator Casket' stated the County Attorney has reviewed the Agreement and recommends it as to form. Supervisor Cofer moved the Board approve and authorize .the Chairman to execute the HREMC Agreement on behalf of the County.. The motion was adopted .unanimously (5-0). County Administrator Casket' stated action by the Board on the 1995 Fire. Programs .Fund Disbursement Agreement was. also deferred at the Board's July 16, 1996 meeting to allow the County Attorney an opportunity to review same. County Administrator Casket' stated the County Attorney has reviewed the Agreement and recommends it as to form. Supervisor Claud moved the Board approve and authorize the Chairman to execute the 1995 Fire Programs Fund Disbursement Agreement on behalf of the County. The motion was adopted unanimously (5-0). County .Administrator Casket' stated the Board was previously briefed on a proposal by the Addison Group to develop a community service/ economic. development magazine for the County which focuses on education, history, tourism, shopping, health and real estate. Lynn P. Harris, Director of Economic Development, explained that the magazine is a community service publication and not specifically . an economic development publication. Supervisor Cofer stated 80% of the Suffolk magazine contained ads and he would prefer such funds go directly to economic development or tourism. Tom Powell of Addison Group, explained that the proposed magazine for the County will consist of 40 pages of which 20 pages will be economic development editorials. Chairman Bradshaw recommended the Director of Economic Development solicit input from the Chamber of Commerce, the Tourism Bureau,. Union Camp and Smithfield Foods relative to the proposal to publish a marketing magazine. .County Administrator Casket' noted the FY1996-97 budget contained no cost-of-living adjustments for part-time custodial staff which could be implemented at a cost. of $2,185. 1 L] 12 ..Ri B~QN. ~U~ ~ . ~~ ~~ Supervisor Cofer stated the County's part-time salary range is $6.65 per hour, which when annualized under full time hours, equates to, and sometimes exceeds, what some full-time employees make. Supervisor Cofer stated he would recommend the Board not approve acost-of-living adjustment for part-time employees. 1 Following discussion by the Board, a listing of all such part-time positions by Department was requested by Supervisor Cofer. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TEN THOUSAND DOLLARS. TO REPLACE THE CARROLLTON VOLUNTEER FIRE DEPARTMENT HEATING SYSTEM WHEREAS, the Board- of Supervisors of the County of Isle of Wight, Virginia has approved the replacement of .the Carrollton Volunteer Fire Department heating system; and, WHEREAS, funds in the amount of ten thousand dollars ($10,000) need to be appropriated from the unappropriated fund balance of the General Fund to the appropriate line item of the 1996-97 Capital Budget of the County of Isle. of Wight, Virginia. 1 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 appropriated frorl the unappropriated. fund balance of the General Fund to the appropriate line item in the 1996-97 Capital Budget of the County of Isle of Wight, Virginia. The motion was adopted unanimously (5-0). County Administrator Caskey stated the County and School Board annually solicit bids for gas, diesel. and fuel oil for County vehicles. bounty Administrator Caskey stated ten petroleum suppliers were contacted and one bid .was received in response to the solicitation which reflects a five percent increase in cost. Supervisor Claud moved the Board accept the low bid from Southern States Tidewater Petroleum Cooperative, Inc. The. motion was adopted unanimously (5-0). County Administrator Caskey stated included in the agenda for the Board's consideration are estimates to provide covers for the pews in the Board Room.. County Administrator Caskey stated the lowest estimate for covering the entire fourteen pews is approximately $2,000. Supervisor Spady moved the Board authorize staff to proceed with acquisition of cushions for the fourteen pews in the Board Room. The motion .was adopted unanimously (5-0). County Administrator Caskey stated for the .Board's consideration is 13 eooK 1fi -;,::722 a resolution which indicates that the County has an interest and is supportive of juvenile detention facilities being located in the County. Ms. Harris stated the RFP requires a resolution of support to accompany .the proposal. Ms. Harris stated the proposal for the juvenile. boot camp facility is due August 6, 1996 and the proposal for a medium security. juvenile 225-bed facility is due August 9, 1996. Supervisor Bradby noted locating the proposed facilities at the present boot camp site in Walters would make it more acceptable to citizens. Supervisor Cofer stated as the resolution is not binding the County in any way, he would like to see the proposals and moved the Board adopt the following resolution: RESOLUTION IN SUPPORT OF THE COMMONWEALTH OF VIRGINIA'S EFFORTS TO CONSTRUCT NEW JUVENILE DETENTION FACILITIES WI~REAS, the Board of Supervisors of Isle of Wight County, Virginia understands that. the Commonwealth of Virginia is committed to the construction of new correctional. facilities throughout the Commonwealth, both. public and privatized; and, WHEREAS, the Board- would like Isle of Wight County to be considered by the Department of Corrections as a potential site for new correctional facilities, whether public or privatized; and, WHEREAS, the Board is willing to assist the Commonwealth or its designated agent in identifying potential sites within Isle of Wight County. NOW, TTiEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors hereby expresses its support of the Commonwealth of Virginia in its effort to secure a juvenile correctional facility, and invites the Department of Corrections to call upon the Board for support and assistance in that effort and .urges the Commonwealth to give due consideration to Isle of Wight County in the siting of such a facility. The. motion was adopted unanimously (5-0). County Administrator Caskey stated he will provide the Board with detailed information on the strategic planning retreat scheduled for August at the Lone Star Lakes Lodge/meeting facility in Suffolk. County Administrator Caskey noted the deadline for registration for the LGOC (conference) scheduled in August is July 26, 1996. County Administrator Caskey presented a request from the Sheriff's office for. overtime pay for personnel who worked during Hurricane Bertha. Donald T. Robertson, Assistant to the County Administrator, stated on Friday evening the County declared a State of .Emergency and opened t 1 14 BO~n 1U =>';~~~J 1 shelters at the Smithfield and Windsor High Schools. Mr. Robertson stated approximately 107 evacuated- their .homes due to .the tropical storm and personnel from the. Sheriff s office, Social Services and schools manned these shelters. Mr. Robertson stated the County did not incur damage to the extent it would be eligible for any funds, Federal or State. Chairman Bradshaw stated if one department is compensated for overtime, all departments must be compensated. Supervisor Cofer. stated in the past, the County's policy has been o grant comp time in lieu of overtime pay and he would .like to treat. this situation in the same mariner. No action was taken by the Board. Concluding his report, the County Administrator stated he had several ' matters for executive session later in the meeting. !/ Chairman Bradshaw called for Old Business. A. The application of Union Camp Corporation, owner and Dacc Land Company, Ltd.., prospective owner, for a change in zoning classification from A-2, Agricultural General to Conditional R-3, Conditional Townhouse Residence District, approximately 134 acres of land located on .the south side of Battery Park Road (Route 704) between the Town Limits of Smithfield and -Nike Park Road (Route 669) in Newport P,ilagisterial District.. (T'abled May 16, 1996 and June 20, 1996). Supervisor Spady noted the developer has satisfied all requests of the Board and even offered additional proffers. Supervisor Bradby inquired who would assume the cost for the proposed traffic light and/or turn lanes in the year 2001. Mr. David stated the London Park `developer will contribute approximately 13% of the traffic through that particular intersection and staff will alert the Planning Commission and the Board that future developments as they come along this corridor should pay their fair share of improvements to that corridor. Mr. -David stated at some point in time, the County will have to pay an unknown amount to make these improvements become a reality. Supervisor Spady moved the Board approve the application of Union Camp Corporation with the additional proffers agreed. to in a letter dated July 15, 1996, as follows: 1. Increase the cash proffer by $200 per lot for a total cash proffer of $2,000 per lot (to be paid at the time the lots are sold) in lieu. of any other requirements relating to traffic control 2. Provide the community association with one acre of clear and 15 euaK 1fi .,.. 7?4 lever land, that will drain properly, suitable for a softball or soccer field. B. The application of Michael E. and Rhonda S. Payne to amend Rural Residential zoning of approximately seventy-two (72) acres of land .located off Longview Drive (Route 602) at .the terminus of Arabian Trail in Newport Magisterial District. The purpose of the. application is for a subdivision of no more than .five (5) lots as conditioned. (Tabled June 20, 1996). Chairman Bradshaw referred to a letter received from Michael E. and Rhonda S. Payne referencing .previous statements. from opposing. landowners .and which clarified that the Payne's had. documentation verifying that they had contacted the previous landowners. Supervisor Claud noted Mr. Payne has agreed to engage an engineer to design the appropriate structures so as not to impede the drainage of the property which was a concern to some of the adjoining property owners. Supervisor Claud moved the Board approve the application of Michael E. and Rhonda S. Payne. The motion was adopted unanimously. (5-0). // // Chairman Bradshaw called for New Business. There was no new business offered for discussion by the Board. Chairman Bradshaw called for Appointments. Supervisor Bradby moved the Board. appoint Reverend Primbroke Hill to replace Reverend Vincent L. Thomas on the Social Services Board representing the Hardy District for afour-year term which will expire in July of 2000. The motion was adopted .unanimously (5-0). Supervisor Cofer moved the Board reappoint Roger L. Ealy, to the Historical Architectural Advisory Committee, representing the Hardy District, for an additional four-year term which will .expire in January of 1999.. The motion :was adopted unanimously (5-0). Chairman Bradshaw requested the .Assistant. to the County Administrator provide a recommendation on agency representatives for the Commission on Aging, Comprehensive Community Corrections Act Board, Comprehensive Services Act and Southeastern Virginia. Areawide Model Program, Inc. // County Attorney Crook requested an executive session pursuant to Section 2.1-344 Al of the Freedom of Information Act for interviews of r 1 1 16 -i 1 1 1 EOON, 1U -; _ ~;?7 prospective candidates for. employment and consultation with staff and counsel on a personnel matter and under Section 2.1-344 A7 concerning advice of .counsel relative to potential litigation. County Administrator Caskey requested an executive session pursuant to Section 2.1-344 A7 concerning advice of counsel relative to potential litigation and contract negotiations and under .Section 2.1-344 Al .for consultation with staff and counsel on a personnel matter and interviews of prospective candidates for employment. At 9:16 p.m., Supervisor Cofer moved the Board enter executive session for. the reasons stated by .the County Attorney and County Administrator. The motion was adopted unanimously (5-0). At 10:12 p.m., upon returning to open session, Supervisor Spady 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 it 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; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution. applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were. heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board incorporate a budget adjustment to be retroactive to July 1, 1996 of $5,800 to be added to the County Administrator's.bepartment under personnel. The motion was adopted unanimously (5-0). 17 eoRM. ~.6 -.::-7?6 Supervisor Cofer moved the .Board .appropriate $2,150 from. the unappropriated fund balance for the fourth monitoring well for the closing of the County landfill. The .motion was adopted unanimously (5-0). Supervisor Cofer moved the Board authorize the Director of Budget and Finance and County Attorney to negotiate with the number one: ranked accounting firm for auditors.. The motion was adopted unanimously (5-0). // At 10:15 p.m., Chairman Bradshaw moved the Board continue its meeting until Monday, July 22, 1996 at 7:00 p.m. The motion was adopted unanimously (5-0). P ' A. Bradshaw, Chairman W. Dou as askey, C r . 18