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10-17-1996 Regular Meetingr eo~~~ .17.~:~ 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED NINETY SIX D 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/Director of Human. Resources Carey H. Mills, Assistant Clerk Chairman .Bradshaw called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Cofer. // Supervisor Cofer. moved the Board defer special presentations until the arrival of .Frederick J. Custis, Regional Director, Virginia Cooperative Extension. The motion was adopted unanimously (5-0). 1 // Chairman Bradshaw indicated the following Consent Agenda included Item 2, A through C, and. asked if there were any. items for removal: Delinquent Real Estate Tax Collection Monthly Report September 19, 1996 Regular Meeting Minutes September 26, 1996 Work Session Minutes There being no items requested by the Board members for removal, Supervisor Cofer moved the Board approve the Consent Agenda. The motion. was adopted unanimously (5-0). // Chairman Bradshaw called for Transportation Matters. R. Bryan David, `Director of Planning and Zoning, stated VACo is surveying member jurisdictions with regard to delays .counties may have experienced in their dealings with VDOT. The Director of Planning and Zoning was directed to fill out and return the VACo survey advising of the County's general dissatisfaction with VDOT regarding response time to questions, requests, etc. and that a copy of the survey be forwarded to the Board for their information. 1 Bo~~ 17:~~~- 2 Regarding the Smith's Neck Road (Route 655) improvement project, Mr. David noted the Resident Engineer is currently reviewing the matter and a copy of his response will be forwarded to the Board for their information. Mr. David stated Franklin Equipment Company is requesting the speed limit be reduced on Union Camp Drive in order to promote vehicle safety and permit the construction of its new entrance. Staff. will be advocating the new. entrance for Franklin Equipment Company, stated Mr. David. Mr. David stated new street name signage. will be installed at the following intersections: Carrollton Boulevard and Brewer's Neck; Brewer's Neck Boulevard and Benns Church Boulevard; Route 10-Bypass and South Church Street, Route 10-Bypass and South Main Street; Windsor Boulevard and Courthouse Highway/Waiters Highway; and, Walters Highway. and Carrsville Highway. Supervisor Bradby requested a status report on Route 681, Raynor Road. County Attorney Crook stated an address has been located -for the heir which was presumed to be deceased. Mr. Crook stated Mrs. Chapman has signed the deed of right-of-way. Regarding Pruden Road, Chairman Bradshaw requested the Director of Planning and Zoning follow-up with the Resident Engineer on the matter. .Linda King of Rescue suggested the Board contact James ClevelandlVDOT District Engineer regarding her concerns over the widening of Rescue Road and the installation of electric transmission lines and poles on her property on Rainbow Road. // Supervisor Cofer moved the Board amend the order of the agenda to hear Special: Presentations. The motion was adopted unanimously (5-0). Frederick J. Custis, Regional Director, Virginia Cooperative Extension, provided a presentation on the proposed staffing plan for the County which is a direct result of downsizing and cutbacks in both personnel and finances. Mr. Custis noted the proposed. plan will not have a negative impact on the number of agents responsible for providing information and services directly to County citizens, nor will it result in -any additional costs to the County. Mr. Custis stated if the proposed plan does not effectively meet the needs of localities, a new plan will be evaluated. Supervisor Claud invited Mr. Custis to return before the Board next year. In the meantime, he wanted to receive input from citizens who are positively or negatively affected and, if necessary, reevaluate the plan at that time. 1 1 2 aoo~ ~7 ~~t- 3 1 1 // ii Mr. Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). Chairman Bradshaw called for Citizens Comments. There were no citizens' comments offered for discussion by the Board. // Chairman Bradshaw called for the Community Development report. Mr. David stated the Planning Commission, at its October meeting, voted. unanimously to recommend to the Board of Supervisors that it will support an established policy for cash proffers provided it is within the framework of the Cash Proffer Study prepared several years ago. Supervisor Cofer moved the Board direct the. County Attorney draft a cash proffers policy and bring same back for their consideration. The motion was adopted unanimously (5-0). Regarding the Codes Compliance position, Mr. David stated County records reflect 125 complaints were processed from January through September 1996. Mr. David stated each complaint or violation noted by staff was investigated and, if appropriate,. efforts were made to bring the violation into compliance with the applicable County ordinance. Supervisor Claud moved the Board direct the County Administrator and staff review the cost of the position,. compare the associated operating costs to determine if this position will be able to pay for itself based on the current situation and review the organizational structure. Possibly during the budget process next year, the Board can consider this position. The motion was adopted unanimously (5-0). Mr. David stated the Corps of Engineers has requested the County take a position in support of the Tyler's Beach Federal Navigation Project. In .this regard, he has prepared. a resolution for the Board's consideration. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION IN SUPPORT OF THE TYLER'S BEACH FEDERAL .NAVIGATION PROJECT IN THE COUNTY OF ISLE OF WIGHT, VIRGII~IIA WHEREAS, .the County of Isle of Wight, Virginia, has been the local project sponsor of the Tyler's Beach Boat Harbor and its navigation channel for over twenty-five (25) years; and, WHEREAS, the continued maintenance dredging of the navigation 3 eooK 17 r~ct 4 channel by the United States Army Corps of Engineers is crucial to ensure. the economic vitality .and stability of the commercial fisherman who use Tyler's Beach Boat Harbor;. and, WHEREAS, the continued maintenance dredging of the navigation channel by the United States Army Corps of Engineers ensures that Tyler's Beach Boat Harbor remains a safe refuge .for commercial and private vessels in times of severe weather;. and, WHEREAS, the .United States Army Corps of Engineers has objectively demonstrated by thorough analysis that the disposal of dredge spoils in the Point of Shoals area during past maintenance projects has not adversely impacted the valuable natural resources of the James River which are inextricably .linked to the economic success of the same commercial fisherman who use Tyler's Beach Boat Harbor; and, WHEREAS, upland disposal of the dredge spoils is not considered feasible given the overwhelming. environmental and economic costs to be incurred with implementing such an alternative; and, WHEREAS, the Board of .Supervisors of Isle of Wight County, Virginia, recognizes that the existing disposal area cannot continue to safely receive dredge spoils in perpetuity and that an environmentally and economically viable alternative disposal site must be identified at some future time. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that it will continue to fully support the Tyler's Beach Federal Navigation. Project as proposed and that it respectfully requests that the Virginia Marine Resources Commission give favorable consideration to VNIlZC Permit Application No. 96-0238 as submitted. by the United States Army Corps of Engineers. BE IT FURTHER RESOLVED that the County Administrator is authorized to do all things necessary to give this Resolution effect. The motion was adopted unanimously (5-0). Mr. David stated Lot 9, Quillen Point, is in violation of the established grass cutting policy and he is seeking the Board's authorization to engage the County's contractor to cut the grass. Supervisor Cofer moved the Board authorize the Director of Planning and Zoning proceed with cutting the grass on Lot 9, Quillen Point. The motion was adopted unanimously (5-0). Supervisor Cofer, after conferring with the County Attorney, further moved that in future matters concerning the grass cutting ordinance that the. Board authorize staff, after proper procedures of notice have been satisfied, proceed with having the grass cut on properties in violation of such regulations.. The motion was adopted unanimously (5-0). 1 1 4 eooK . ~7 ~Rr~ 5 // Chairman Bradshaw called for the County Attorney's report. [J County Attorney Crook presented for the Board's consideration the Windsor/Isle of Wight County Water Agreement for the Industrial Development Authority Industrial Park. Supervisor Claud .moved the Board approve the Agreement. The motion was adopted unanimously (5-0). County Attorney Crook presented for the. Board`s consideration the agreement for engineering services between the City of Franklin and the Counties of Isle of Wight and Southampton and Dewberry & Davis for a water supply study. Supervisor Cofer moved the Board approve the agreement for engineering services between the City of Franklin and the Counties of Isle of Wight and Southampton and Dewberry & Davis for.. a water supply study as presented. The motion was adopted unanimously (5-0). County Attorney .Crook presented for the Board's consideration a health insurance agreement for the County's third-party administrator and MVP. 1 Supervisor Spady moved the Board approve the health insurance agreement for the County's third party administrator and MVP. The motion was adopted (40) with Supervisor Cofer abstaining from voting. on the matter. County Attorney Crook presented a Subordination Agreement for Gatling Pointe South for the Board's consideration. Mr. Crook stated part of the agreement with the developers concerning cash proffers is that. the County will subordinate the .County's Deed of Trust to a financing Deed of Trust. .Supervisor Bradby moved the .Board. approve the Subordination Agreement for Gatling Pointe South. The motion was adopted (40) with Supervisor Spady. abstaining. from voting on the matter. ..County Attorney Crook stated the Department of Public Works must constantly make small purchases for repairs to equipment, etc. As a result, the. Director of Public Works is requesting approval for his Department to make small purchases and submit the bills to the Budget and Finance Office for payment. County Administrator Casket' noted he has directed staff to look into an appropriate strategy for small cash purchases. County Attorney Crook stated he had several matters for executive session later in the meeting. 5 800K 17:~~~- e} // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of 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. Isle of Wight County Zoning Ordinance Anthony D. Redman, Redman, Johnston & Associates, Ltd., stated whether or not the current projections are perfect, a certain amount of development in the County is inevitable and it is also inevitable that the rate of development will be greater in the future than in .the past. Mr. Redman further stated an important .consideration is to manage development's location if the County will ever begin to manage its costs. Mr. Redman continued .once .development has occurred, it is difficult to retrofit community facilities and public services to satisfy the needs of the residents. Mr. Redman stated the land use concept plan map is little more than a concept if there is not some fundamental structure than brings vision to reality and the Zoning Ordinance is not the only tool that will accomplish this, as the County's Capital Improvements Program (CIP) will be deployed to help make this vision a reality. Mr. Redman stated the Zoning Ordinance is the most important tool. because it creates an array of districts that can accommodate development in the Development Service Districts and also includes .districts that do not preclude opportunity for development in the more .rural areas of the County. The demand for services and costs would burden the County if such a structure were not created. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed Ordinance. Steve Edwards of Bethany Church Road. spoke in favor of the proposed Zoning Ordinance. Mr. Edwards stated this plan will not only help the County deal with the growth that will be coming, but will help. the County preserve its rural character. Mr. Edwards stated this plan will serve the County well as the only other alternative is to scatter growth throughout the County. Mr. Edwards urged the Board to favorably consider adopting the Zoning Ordinance and An Ordinance to Amend Subdivision Ordinance to Remove 21 Acres Exemption and to Reduce Exempted Dots From Three (3) to Two (2), which is the next public hearing.. Speaking in opposition, William Riddick, III, stated no one can argue the fact that the County needs to maintain the rural integrity of the County, however, the sliding scale provision of the Ordinance should be further reviewed. Mr. Riddick stated it is cost prohibitive. for any citizen who owns property outside of the growth districts to be able to do anything .with their property. Mr. Riddick stated there are provisions which provide that everything must be on a hard surface road and 200' of road must be built 1 1 n 6 before the first home can be constructed. Mr. Riddick stated farm owners in the County should have to pay cash proffers and the price of additional infrastructure required .for development, but the Ordinance should not include such prohibitive costs that it makes it impossible for a farm owner to sell off apiece- of property. 1 Speaking in opposition, Robert Jones stated the Draft .Zoning Ordinance in .itself is a good .concept, however, based on the. proposed number of lots that can be calculated from a particular tract of land, landowners will lose their right to develop their land because doing so will not be affordable. Karen Larson expressed her concern with the impact the Draft Zoning Ordinance will have on her. ability to divide her property, as well as the associated expenses. Ms. Larson requested the Board give consideration to non-developers, like herself, so that she can subdivide her property if she so desires to do so. Sally Crocker stated she currently owns agriculturalland in the County which she hopes, as a landowner, to be able to sell. in .the future as an income producer or for maintaining herself in her declining years. Ms. Crocker stated she should be able to dispose of her property in a manner that will bring her the most money. Mr. David distributed a letter from Jon. L. Woltman, Counsel, .Union Camp Corporation, dated October 14, 1996 requesting provisions in the proposed Zoning Ordinance that would recognize Union Camp's existing heavy industrial operations and which would also allow for reasonable expansion of those existing. operations on approximately 1,000 acres of industrially zoned property in the southern end of the County. Mr. David stated he has forwarded to Mr. Woltman information pertaining to the creation of an additional district entitled the "General Industrial Conservation District" which would effect such. a recognition of Union Camp's .operation. Mr. David distributed correspondence from Branch P. Lawson dated October 17, 1996 requesting a mechanism be incorporated in the proposed Zoning Ordinance so that property owners, if agreeable and already zoned under the County's existing ordinance, could transfer into a compatible district under. the new .Zoning Ordinance. Chairman Bradshaw closed the public hearing and called for comments from the Board. 1 In view of the letters and suggestions received, Supervisor Cofer moved the Board table consideration of the Draft Isle of Wight County Zoning Ordinance to the Board's November meeting to further address these concerns. The motion was adopted unanimously (5-0). B. An Ordinance to Amend Subdivision Ordinance to .Remove 21 Acres Exemption and to Reduce Exempted Lots From Three (3) to Two (2) 7- 800K ~~ •x':' O Mr. David stated in the development of the Rural Roads Addition Policy adopted by the .Board at their previous meeting, several issues were discussed regarding the current Subdivision Ordinance permitting dots to be created on private streets. One provision allows up to three .homes to front on a private street provided the parent tract has 21 acres.. Under the current Zoning. Ordinance, lots created that are 21 acres or more in size are exempt from all subdivision and zoning regulations. The Planning Commission feels it is important to amend the Subdivision Ordinance to address these instances where private streets can be created in the County. The Planning Commission agreed that subdivisions of land for bonified agricultural/horticultural/forestry purposes should be exempted from the Subdivision Ordinance. The .Planning Commission additionally felt that the. family member subdivision provision be permitted without any rezoning, provided the subdivision is for the sole use of the family member. The Planning Commission conducted a public hearing at their September 10, 1996 meeting and voted (6-3) to recommend to the Board these amendments, stated Mr. David. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed Ordinance. Speaking in opposition, James R. Cobb, expressed a concern with the property rights of landowners, specifically as it relates to the 21 acre exemption. Mr. Cobb stated the way to keep the agricultural character of the County is not through keeping the same criteria on farmers.. Mr. Cobb stated as funds are needed, farmers would like to be able to sell off small tracts of land.. Mr. Cobb stated trailer parks and major subdivisions are the problem and the Board should not place the same criteria and impact fees on farmers. Robert Jones, speaking on behalf of Scott & Associates, Bailey Enterprises and Hampton Promotions, stated the reason given earlier to do away with the 21 acres exemption was that it presently allows land to be developed anywhere in the County. Mr. Jones stated because the Board is receiving requests from citizens concerning dirt roads is not a reason to do away with the 21 acres exemption. Mr. Jones requested the Board continue to allow the landowners. of the County to be able to cut out 21 acres. William Riddick stated the Planning Commission believes the road issue is not the reason to do away with the exemption because citizens who buy property on a private road know they are located. on a private road and if they approach the Board concerning taking their street into the State's system they are in essence asking the. Board to take tax .money to do something they knew they were not entitled to in the first place. Mr. Riddick recommended the Board not adopt the proposed ordinance as there are other ways to address private road problems without completely doing away with all rights of property owners. Sam Kanivis of Muddy Cross Road stated he would like to have the right to divide. his property into small parcels and sell as needed. Chairman Bradshaw closed the public hearing and called for J 1 8 BOnlc 17 •~~;' comments from the Board. 1 Supervisor Cofer stated citizens pay the price for .the land as unimproved land on private roads and they .are not paying for State maintained highways and he will support any method the Board can use to stop the private roads. Supervisor Bradby moved .the -Board table the .matter until its November, 1996 meeting and direct staff to review comments made by the public and to explore other alternatives to the deletion of the 21 acre exemption and provide the Board with additional information. The motion was adopted unanimously (5-0). C. An Ordinance to Amend Chapter 15, Article V of .the Isle of Wight County Code to Provide That County Attorney Approval of Refunds of Erroneous Assessments .Will Not Be Required When Said Erroneous Assessments Do Not Exceed .Two Hundred Dollars Ll County Attorney Crook stated the Board in the past reviewed all tax- refunds and, as the .County grew, the Board delegated to the .County Attorney the review of tax refunds. County Attorney Crook stated he has proposed an amendment to the ordinance that the County Attorney would not be required to .review erroneous assessments that do not exceed $200. County Attorney Crook stated if the tax assessment exceeds $2,500 he would recommend review by both the County Attorney and .the Board. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed ordinance. Upon no one appearing, Chairman Bradshaw closed the public hearing. and called for comments from the Board. Supervisor Claud moved the Board adopt the .following ordinance: AN ORDINANCE TO AMEND CHAPTER 15, ARTICLE V OF THE ISLE OF WIGHT COUNTY CODE TO PROVIDE THAT COUNTY ATTORNEY APPROVAL OF REFUNDS OF ERRONEOUS ASSESSMENTS WILL NOT BE REQUIIZED WHEN SAID ERRONEOUS ASSESSMENTS DO NOT EXCEED TWO HUNDRED DOLLARS ($200.00) BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 15, Article V, Section 15-19 of the Isle of Wight County Code be amended by adding thereto the following: , i~ Said approval by the County Attorney will not be required when the amount of the erroneous assessment does not exceed $200.00. If the refund resulting from the erroneous tax assessment exceeds $2,500.00, it will require review and approval by the County Attorney and the Board of Supervisors. 9 804K ~7 ••xt:' ~v The motion was adopted unanimously (5-0). D. An Ordinance to Request Increase In Salary Limits For School Board Members County Attorney Crook stated School Board ,members' salaries have been set at $2,000 annually for the past thirty years and the duties and responsibilities of the members has greatly increased over that. period of time. The School Board is requesting that the amount of -the salary be increased from $2,000 to $4,000 annually. County Attorney Crook stated if the Board adopts this Ordinance it would be sent to the General Assembly with a request that the statute be amended. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the following Ordinance: AN ORDINANCE TO REQUEST INCREASE IN SALARY LIMITS FOR SCHOOL BOARD MEMBERS WHEREAS, Section 22.1-32 of the Code of Virginia provides salary limits for County School Board Members which is $2,000.00 annually in the County of Isle of Wight, Virginia; and, WHEREAS, the salaries of the School Board Members of Isle of Wight County have not been increased for many years and the present salaries as limited by said statute are insufficient to compensate said. Board Members for the time and effort spent in the performance of their duties as School Board Members of said County; and, WHEREAS, said statute provides that the School Board may request the General Assembly's consideration of increasing the annual salary limits as established in said statute when School Board has taken an affirmative vote on the requested increase; and, WHEREAS, said statute further provides that proposed changes in the annual salary for members of local school board shall be adopted consistent with procedures applicable to salary changes for the relevant local governing body and said procedure for the County of Isle of Wight is as set forth in Section 14.1-46.01:1 of the Code of Virginia which provides that the Board of Supervisors may establish annually, by ordinance, and .pay in monthly installments each of their members an annual salary after public hearing pursuant to notice in the manner prescribed by Section 15.1-504 for the ensuing and fiscal year. IN CONSIDERATION WHEREOF, and pursuant to Section 22.1-32 of the Code of Virginia, the Board of Supervisors hereby request the General Assembly to increase. the salary limits for School Board Members for the 1 !] U 10 a~~~ 17:~~- 11 County of Isle of Wight to set a maximum annual salary limit of $4,000.00 pursuant to the Resolution adopted by the School Board of Isle of Wight County on September 12, 1996. In further consideration of said Resolution of said School Board, the Board of Supervisors hereby authorizes the said School Board to pay the Chairman of said Board an additional salary not to exceed $1,100.00 per year pursuant to the provisions of Section 22.1-32C. of said Code. The Clerk of this Board is hereby directed to forward certified copies of this Ordinance to the Senators and Delegates of the General Assembly of Virginia who represent the .County of Isle of Wight therein.. The motion was adopted unanimously (5-0). E. Courthouse Agricultural and Forestal District Mr. David stated the .Agricultural and Forestal District Advisory Council conducted a public hearing on September 5, 1996 and recommended the District be renewed for a period of ten years subject to the addition and removal of certain acreage as requested by the property owners. Mr. David stated the Planning Commission had also voted unanimously to recommend the District be renewed for a period of ten years subject to the addition and removal of certain acreage as requested by the property owners. County Attorney Crook stated the information provided to the Board lists the landowners, as well as the parcels and acreage. County Attorney Crook stated in the Ordinance the landowners are not listed, simply the parcel numbers and the acreage. Chairman Bradshaw called for citizens to .speak in favor of or in opposition to the proposed District. Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board adopt the following Ordinance for a period of ten years subject to the removal and addition of certain acreage as requested by the property owners: AN ORDINANCE TO CREATE THE COURTHOUSE AGRICULTURAL DISTRICT it BE IT AND IT IS HEREBY .ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Chapter 36.1, Title 15.1 of the Code of Virginia that the Courthouse Agricultural District be created. as follows: Section 1 The general location and boundaries of the district are described as 11 eaoK 17~ r~r~ 1~ consisting of the following parcels: Tax .Map Number Acreage 38-01-011 119.06 37-01-042 160.84 37-02-004A 32.00 38-O1-015 200.00 37-01-037 82.00 37-O1-029 64.20 38-O1-014 149.08 37-O1-021 ~ .25 37-O1-020 .25 37-02-004 73.00 29-01-029 55.00 20-01-106A 93.88 39-01-009 96.03 38-01-035 2.36 29-01-032 74.50 29-01-031 68.60 30-O1-055 5.25 30-01-056 11.50 20-01-109 50.25 20-01-106 175.65 20-01-099 93.23 20-O1-023 .75 20-01-028 150.61 20-01-016 1.50 20-01-022A 8.85 20-01-022B 29.00 21-01-019 42.61 20-01-111 24.00 20-01-022C 3.72 20-O1-020 70.00 20-O1-098 5.00 20-O1-022 202.23 28-01-009 57.10 ' 28-01-010 157.90 30-01-044 179.20 30-01-039 99.62 30-01-042 10.00 31-O1-020 88.16 31-O1-014 35.00 31-01-031 80.00 31-01-032 17.00 31-01-016 1.00 31-01-029A 5.00 31-01-059 180.00 31-01-030 38.16 38-01-032A .92 21-02-028A 136.75 31-O1-029 108.29 1 1 1 12 ~oe~ 1? ~:~:~~ ~.3 1 1 1 48-01-054 15.50 48-01=061 100.00 39-01-024 150.00 4$-O1-055 15.00 38-O1-055 31.40 38-O1-051 110.25 38-01-008 72.00 38-01-007 12.47 38-O1-022. 168.53 38-O1-054 81.70 38-O1-021 34.60 38-01-052 30.00 39-O1-056 108.03 39-01-056B .97 30-O1-035 23.00 38-01-053 145.00 39-01-054 9.00 39-O1-053 2.40 39-01-052 51.00 39-01-048 74.15 39-01-023 179.25 39-O1-008 55.50 39-O1-007. 5.00 39-01-017 150.77 39-O1-021 148.50 30-01-033 62.94 38-O1-A000 220.06 38-O1-023 70.00 40-01-001 140.00 30-01-036 9.65 30-01-037 .92 30-O1-038 170.40 40-01-009 92.48 40-O1-005 52.20 39-01-026 266.00 38-01-049 27.50 39-01-027 4.08 38-01-026 188.65 38-01-024 72.41 30-01-032 422.00 39-O1-055 198.00 39-01-063 5.88 39-O1-050 40.00 39-01-064 123.67. 48-01-004 ~ 786.72 29-O1-027 242.00 28-01-012 ~ 2.36 28-01-013 78.93 31-01-003&4 125.47 37-01-036 41.00 30-01-045 474.43 39-01-038 117.30 13 E04K ~7 ~R~;r 1.~ 39-01-029. 3.00 39-O1-030 155.00 48-01-003 75.00 39-O1-033 30.00 39-01-032 87.00 48-01-001 110.00 48-O1-002 130.00 28-01-011 312.60 30-01-034 177.34 30-01-063 92.50 30-01-046 223.92 20-O1-100 264.06 20-01-1000 ~ 85.42 20-01-052 20.00 20-01-089 19.80 20-01-091 4.20 20-01-100A 1.00 46-01-054 90.00 46-01-038 2.38 47-02-001 29.75 47-01-026 75.00 47-02-002 75.77 47-O1-025. 33.06 47-01-027 1.00 46-O1-057 108.35 46-01-036 61.10 46-01-040 158.35 47-01-002, 4&5 258.00 36-O1-001 90.00 27-O1-018 102.50 27-O1-016+ 100.25 36-01-027 36.00 36-01-002 365.13 36-01-003 29.00 30-01-003 73.30 30-01-002 146.00 20-01-021 456.01 46-01-031 88.89 37-01-039 77.00 38-01-012 217.48 37-01-040 4.00 38-01-009 62.00 37-01-041 288.14 37-01-041A 1.00 29-O1-008 52.29 29-01-009 40.00 29-O1-011 & 008A 209.71 39-01-031 A 107.00 All as shown on the Isle of Wight County Real Estate land maps in the office of the Commissioner of Revenue. 1 1 1 14 . t BOOK ~~ ~Rl' ~r) Sectio 1 The total acreage within the proposed district is 14,377.67 and all of the persons owning said acreage have requested in writing the. creation of this agricultural district. Section 3 No parcel included within the district shall be developed to a more intensive use than its existing use at the time of adoption of the ordinance creating such district for ten (10) years from the date of adoption of such ordinance. No parcel added to an already created district. shall. be developed to amore intensive use than its existing use at the time of addition. to the district for ten (10) years from the date of adoption of this ordinance. Land used in agricultural and forestal production within the agricultural and forestal district of local significance shall automatically qualify for an agricultural or forestal value assessment on such land pursuant to Section 58.1-3230 et se of the Code of Virginia, if the requirements for such assessment contained therein are satisfied, whether or not a local land-use plan or local ordinance pursuant to Section 58.1-3231 has been adopted.. 1 The district shall be reviewed by the Board of Supervisors at the end of the ten-year period and said Board may by ordinance renew the district or modify same for another ten-year period. No owner of land shall be included in the agricultural, forestal, or agricultural and forestal district of local significance without such owner's written approval. Section 4 The Board of Supervisors of Isle of Wight County and the applicants for the Courthouse Agricultural District agree that the Zoning and Subdivision Ordinances and regulations applicable to agricultural, limited, agricultural, general zones shall be applicable to the district; provided, that such ordinances and regulations are not in conflict with the Agricultural and Forestal Districts Act. Further, the Planning Commission is advised that land-use planning decisions or ordinances enacted. to implement the same shall take into account the special status of both .land adjacent to the agricultural district and land lying within the agricultural district. Section 5 1 The Board of Supervisors of Isle of Wight County and applicants for the Courthouse Agricultural District understand- and agree that in accordance with law, a landowner may terminate his relationship with the district by (a) petition and approval of the local governing body, (b) in the event of denial of the local governing body, by petition to the Circuit Court of Isle of Wight County, (c) by death of the owner and the withdrawal of the property as a matter of right by the heirs or devisees, or (d) by decision 15 eoo~ 17:-ac~ ~Ei of the local governing body at the time the district is automatically subject to review. The termination of any owner's association in a lawfully constituted district shall not in itself serve to terminate the existence of the district. Such district shall continue in effect and be subject to review as to whether it should be terminated, modified or continued pursuant to Section 15.1-1511 of the law. The motion was adopted unanimously (5-0). F. The application of Martha Ward Bartlett for a change in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential, 5.55 acres of land located on the north side of Purvis Lane (Route 673) between Burwells Bay Road (Route 621) and Wrenns Mill Road (Route 678) in Hardy Magisterial District. The purpose of the application is for one (1) rural residential lot. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Robert Jones, speaking on behalf of Mrs. Bartlett, stated Mrs. Bartlett is attempting to facilitate her estate planning and has agreed not to further subdivide .the property. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application of Martha Ward Bartlett. The motion was adopted unanimously (5-0). G. The application of David L. Blizzard, Sylvia L. Peddrew and Lawrence E. Blizzard, owners, for a change in zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, approximately twelve (12) acres on Campbell's Chapel Road (Route 665) southeast of its intersection with. Brewer's Neck Boulevard (Route 32 &258) and from A-1, Agricultural Limited to conditional B-1, Conditional Business General, approximately one and one-half (1.5) acres of land located on the south side of Brewer's Neck Boulevard {Route 32 & 258) east of its intersection with Campbell's Chapel Road (Route 665) in Newport Magisterial District. The purpose of the application is for no more than six (6) residential lots on Campbell's Chapel Road (Route 665) and an office building on Brewer's Neck Boulevard (Route 32 & 258). Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. .David Blizzard and Sylvia L. Peddrew spoke in favor. Mr. Blizzard stated he is submitting the application because he wants to divide the property between himself, his brother and his sister. 1 1 16 BDQK ~7 %'R'" ~~ Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board approve the application of David L. Blizzard. The motion was adopted unanimously (5-0). H. The application of Roy. A. Stokes for a change in zoning classification from A-1, Agricultural Limited. to C-RA, Conditional Rural Residential, approximately twenty-one (21) acres of land located on the west side of Barrett Town Road (Route 641) between West Blackwater Road (Route 603) and Mill Creek Drive (Route 638) in Hardy Magisterial District. The purpose of the application is for six (6) rural residential lots as conditioned. Chairman Bradshaw .called for citizens to speak. in favor of or in opposition to the proposed application. Robert Jones, speaking on behalf of Roy A. Stokes, .distributed a letter from Mr. Stokes dated October 14, 1996 explaining that he must sell the property because of financial reasons. Mr. Jones distributed a letter from Scott & Associates, Inc. dated October 14, 1996 advising of prospective buyers of the six lots, five of which are under contract contingent upon the rezoning and approval of the subdivision plat. 1 Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw moved the Board approve the application of Roy A. Stokes. The motion was adopted unanimously (5-0). L The application of A. W. Livesay & F. C. Stewart, owners and Springdale Housing, prospective owners, for a change in zoning classification from A-1, Agricultural .Limited to C-R2, 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 amulti-family dwelling complex as conditioned. Chairman 'Bradshaw called for .citizens to speak in favor of or in opposition to the proposed application. 1 F. Bruce Stewart appeared on behalf of the applicants. Mr. Stewart stated the intention- is to increase the number of apartments from ten (10) four (4) unit buildings to twenty-four(24) four (4) unit buildings for elderly and handicapped individuals only. Mr. Stewart stated this is the second phase of the initial project.. Harry Moser, architect for the project, stated the second phase is being requested due to demand. Mr. Moser stated there are sufficient individuals signed up on a waiting list to fill the facility to capacity upon completion. 17 ao~K 17:~~. 28 Nunzio Misseri, owner of Joe's Pizza Parlor in Franklin, spoke in opposition citing concerns with unauthorized persons crossing onto his property. Mr. Misseri further noted concerns with noise. Richard Dunlow, a tenant of Mr. Misseri, spoke in opposition. Mr. Dunlow expressed concerns with the access road and wetland issues. Mr. Moser stated the entrance contains a 60 foot right-of-way with a 25 foot back to back paved curb which will be extended into this phase. Mr. Moser stated permission has been granted from the Corps of Engineers to proceed with building a bridge through the wetlands area.. Mr. Moser stated the Planning Commission requested him to.consider the possibility of improving a walkway from the project over to the shopping center, but he does not own the land in between. Mr. Moser stated the .two homes facing Carrsville Highway have built a six foot fence between their home and the project although there is no fence behind the restaurant to control noise. Chairman Bradshaw ..stated he initially expressed his concern with phase one of the project with the access road which does not meet the standards of County ordinances. Mr. Moser stated the Federal Government will not provide the funds to develop an entrance from North Lynn Road and the owner would have to pay this out-of-pocket. Chairman Bradshaw stated his concern is with the road access because all the units have to access on Carrsville Highway. Chairman Bradshaw stated there is the possibility of putting the. access in on Route 1607 which would take the access point off the main road. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw moved the Board table the matter to the November, 1996 meeting to allow staff time to investigate options related to the road access. The motion was adopted unanimously (5-0). // At 8:30 p.m., Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // At 8:31 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for .the County Administrator's report. 1 1 18 ao~~ 17.x.- ~~ 1 Alan Nogiec, Director, Public Parks and Recreational Facilities Authority, stated the Carrsville Athletic Association. provides baseball and softball programs for boys and girls in the southern end of the County. It came to his attention last year that a facility which was normally leased would not be available and the construction of the Carrsville Elementary did not include a ball field. A meeting was held between. two members. of Parks and Recreational Facilities Authority, two School Board members and two Board of Supervisors' members and he was asked to formulate a budget for the Board of Supervisors' consideration for a field at .the Carrsville Elementary School. The .intent is to accommodate a part of the Athletic Association's program so that ,next year a facility at .the southern Isle of Wight Park would be available and in the near future an additional field would be developed at the Carrsville Elementary School. Mr. Nogiec stated the estimate includes top soil, equipment, labor, seed and fertilizer for a total cost of $19,250. Supervisor Claud asked if the Athletic Association would be able to help with any of the cost. 1 Glen Story, Chairman of the Carrsville Athletic Association, stated last year the Association utilized the Southern Isle of Wight Park, but drugs and alcohol became a problem, as well as abusive language by residents in the area. Mr. Story stated the Association has :offered to help with the dugouts, as well as supply grass. and fertilizer for. the site. Mr. Story stated the Association members can also help with the labor. Mr. Story stated the Association intends to fully cover the cost of the second ball field to be built next year with the help of Union Camp. Supervisor Spady stated he feels the Parks and Recreational Facilities' budget should have adequate resources to fund this request, whether in whole or in part. Supervisor Spady suggested Mr. Nogiec use the CIP allocation designated for improvements at Nike Park. Alex Vargo spoke on behalf of the request. Mr. Vargo requested the Board appropriate between $13,000 to $15,000 to accomplish this request. Mr. Vargo stated the School Board has been aware of this need for the last year and a half. County Attorney Crook stated. the Carrsville Community Association did build the existing facilities, fields, dugouts, etc. which serve the entire southern end of the County. Mr. Crook further stated it .appears that the. Association believed they would get their facilities back after the completion of the elementary school, but apparently this is not going to be the case. Mr. Crook stated he plans to speak with the School Board about the matter at their next meeting. J Chairman Bradshaw moved the Board appropriate $10,000 to the Public Parks and Recreational Facilities Authority and direct them to .cover the remainder of the cost from their capital budget in support of .the athletic field at Carrsville. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: 19 BDQK ~~ r„(~' 20 RESOLUTION TO ESTABLISH OCTOBER 22, 1996 AS EARLY CHILDHOOD PROFESSIONAL CHILD CARE PROVIDER RECOGNITION DAY WHEREAS, the General Assembly of the Commonwealth of Virginia has established Early Childhood Professional-Child Care Provider Recognition Day to be October 22, 1996; and, WHEREAS, the children of our community are precious and vulnerable treasures, and represent the future in no uncertain terms; and, WHEREAS, parents .want to live in communities which outwardly display genuine concern for meeting the needs of their children; and, WHEREAS, the availability of high quality, affordable child care is a determinant factor in the ability of working parents to remain gainfully and productively employed; and, WHEREAS, it is imperative. that we recognize and support those who daily. dedicate their lives to providing high quality care, nurturing, and education to Virginia's children in such a manner that they choose to remain in this profession because they know they are needed, valued, and appreciated. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that October 22, 1996 be established as Early Childhood Professional-Child Care Provider Appreciation Day in the County of Isle of Wight. The motion was adopted unanimously (5-0). County Administrator Caskey distributed information received from the Hampton Roads Planning District Commission summarizing those legislative priorities that have come from .discussions among the fifteen member jurisdictions. Mr. Caskey stated also enclosed in the Board's agenda are priorities provided by the Virginia Association of Counties. Mr. Caskey stated these are provided for the Board's information so that it can be prepared to address this matter at its next meeting. Chairman Bradshaw moved the. Board delete Composite Index from its list of legislative priorities as there is no reason for keeping it as both jurisdictions must agree. The motion was adopted unanimously (5-0). County Administrator Caskey stated the Board. previously tabled the matter of the Motorola agreement to allow the Chairman an opportunity to meet with representatives of Commercial Radio and to discuss .the feasibility of centralizing. the contract. Chairman .Bradshaw stated he met with Commercial Radio representatives to pursue a total maintenance agreement with the exception of the schools who must .have their .own contractual agreement.. Chairman Bradshaw stated he referred the matter on to the Director of Budget. and 1 ZO eooK 17:;~:• ~1 Finance. Anne F. Seward, Director of Budget and Finance, advised the Commercial Radio representative was not able to meet with her due to a conflict in his schedule and their meeting was rescheduled as a result. IVIs. Seward stated she would provide the Board with a status report on the matter at a later date. Chairman Bradshaw moved the Board table the matter until its November, 199b meeting to allow the Director of Budget and Finance additional time to meet with Commercial Radio representatives. The motion was adopted unanimously (5-0). . County Administrator Caskey stated the FY1997 SEVAMP agreement has been reviewed by the County Attorney and his changes as recommended have been incorporated in the agreement. 1 Supervisor Spady moved the .Board approve. and authorize the Chairman to sign the FY1997 SEVANIl' Agreement on behalf of the County. The motion was adopted .unanimously (5-0). County Administrator Caskey stated the Board previously requested the model ordinance to regulate open burning in the County be referred to the Fire and Rescue Association and listed in the agenda for the Board's consideration are their concerns. Supervisor Spady stated he feels the existing ordinance is adequate. for the County at this time as the new ordinance is very comprehensive and restrictive. County Administrator Casket' stated if the County leaves its existing ordinance unchanged, same must be communicated to the State to determine if this qualifies as an open burning ordinance as previously being approved by the Board and enacted prior to October of 1973. Supervisor Spady moved the Board table the matter until its November, 1996 meeting in order to allow staff an opportunity to interact with DEQ and SAPCB. The .motion was adopted unanimously (5-0). Regarding. the issue of payment to .the City of Franklin for sewage. treatment charges occurring. between 1990 and 1996, County Administrator Casket' stated the Public Service Authority is requesting a loan from. the general fund to cover this cost. :] Supervisor Cofer moved the Board approve the appropriation of the: funds as a loan from the fund balance to the PSA to cover the bill and direct the Director of Budget and Finance to work out the repayment plan. The motion was adopted unanimously (5-0). County Administrator. Caskey stated at its September meeting, the Public Service Authority authorized a request for a loan in the amount of $271,700 from the Board to fund the Windsor sewer. design contract with 21 eo~« 17:~~:- ?2 AES Engineers. Mr. Caskey stated the Director of Budget and Finance has proposed two repayment options, as outlined in the agenda. Supervisor Cofer moved the Board authorize repayment of a non- interest bearing loan to be made upon receipt of bond proceeds by the PSA. The motion was. adopted unanimously (5-0). County Administrator Caskey stated the bid.. process for the repairs to the roof at the Isle of Wight/ Smithfield /Windsor YMCA has not been accomplished. As a result, the Board will be provided with formal bids for their consideration. at their November meeting and he would recommend the Board defer action until that time. . Supervisor Cofer moved the Board table the matter to allow staff additional time to solicit bids. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY-THREE THOUSAND EIGHT HUNDRED TWENTY-EIGHT DOLLARS AND TWENTY CENTS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF FIRE PROGRAMS FOR THE COUNTY'S VOLUNTEER FIRE DEPARTMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funds from the Commonwealth of Virginia, Department of Fire Programs for the County's volunteer fire departments; and, WHEREAS, the funds in the amount of twenty-three thousand eight hundred twenty-eight dollars and twenty cents ($23,828.20) have been received from the Commonwealth of Virginia, Department of Fire Programs and need to be appropriated to the volunteer fire department line items in .the 1996-97 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the ..Board of Supervisors of the County of Isle of Wight, Virginia that twenty- three thousand eight hundred twenty-eight dollars and twenty cents ($23,828.20) received from the Commonwealth of Virginia, Department of Fire Programs be appropriated to line item 11-3202E~5604A Carrollton .Volunteer Fire Department ($4,765.64); line item 11-3202E-5604B Carrsville Volunteer Fire Department ($4,765.64); line item 11-3202E-5604F Rushmere Volunteer Fire Department ($4,765.64); .line item 11-3202E-5604D Smithfield Volunteer Fire Department ($4,765.64); and line item 11-3202E-5604E Windsor Volunteer Fire Department ($4,765.64) in the 1996-97 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 .for these funds and to do all the things necessary to give this resolution effect. 1 1 D 22 Bo~K 17.~~_- ~?3 The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: 1 RESOLUTION TO ACCEPT AND APPROPRIATE NINE THOUSAND FOUR HUNDRED TWENTY FIVE DOLLARS .FROM THE GOVERNOR'S OFFICE WHEREAS, the Isle of Wight County Office on Youth has received a grant award from the Governor's Office; and, WHEREAS, the funds in the amount of nine thousand four hundred twenty .five .dollars ($9,425) from the Commonwealth of Virginia, Office of the Governor need to be appropriated to the 1996-97 budget of the. County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that nine thousand four hundred twenty five dollars ($9,425) or as much as shall be received from the Commonwealth of Virginia Office of the Governor be appropriated to the 1996-97 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 and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Claud moved. the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FIVE THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, STATE LIBRARY DEPARTMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia. authorizes the receipt of funds from the Commonwealth of Virginia, State Library Department for an Item Conservation Grant from the Virginia Circuit. Court Records Preservation Program; and, WHEREAS, the funds in the amount of five thousand two hundred seventy-one dollars ($5,271) from the Commonwealth of Virginia, .State Library Department need to be appropriated to the appropriate line item in the 1995-96 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that five thousand. .two hundred seventy-one dollars ($5,271) from the Commonwealth of Virginia, State Library Department be appropriated to the appropriate line item in the 1995-96 budget of the County of .Isle of Wight, Virginia. 23 eooK 17 .r-:^ 24 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of .Wight, Virginia is .authorized to make the appropriate accounting adjustments in the budget and to do all. things .necessary to give this resolution effect. The motion was adopted unanimously (5-0) Supervisor Claud moved the Board adopt .the following resolution: RESOLUTION TO APPROPRIATE FIVE THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, STATE LIBRARY DEPARTMENT FOR CARRYOVER GRANT PROGRAMS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has carryover grant funds .available for grant programs; and, WHEREAS, the funds in the amount of five thousand two hundred seventy-one dollars ($5,271) need to be appropriated to the grant fund in the 1996-97 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the. Board of Supervisors of the County of Isle of Wight, Virginia that five thousand two hundred seventy-one dollars ($5,271) received from the Commonwealth of Virginia State Library Department be appropriated to the appropriate line items in the 1996-97 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 for this grant and to do all things necessary to give .this resolution effect. The motion was adopted unanimously (5-0). County Administrator Caskey stated VACo is requesting all county governments to designate a representative from its board to cast its vote and serve as its voting and alternate delegates. Supervisor Cofer. moved the Board designate Chairman Bradshaw as its voting delegate and Supervisor Claud as the alternate delegate for the VACo Annual Business Meeting. The motion was adopted unanimously (5- 0). County Administrator Caskey stated the County agreed to parficipate with the City of Franklin and Union Camp Corporation in the authorization and participation in a regional water resource study intended to identify a high quality water source to serve the southern portion of the County, the City. of Franklin and Union Camp Corporation. Mr. Caskey stated the Board has also endorsed the inclusion of Southampton County who is participating in the funding. Mr. Caskey stated the.. Water Resource Committee met recently to restructure this Commission as a subcommittee 1 1 24 r eooK '1 .~. ~ ~.~~ of the Regional Development Committee. 1 Supervisor Claud moved the Board endorse the restructuring of the Water Resource Commission as a subcommittee of the Regional Development Committee. The motion was adopted unanimously (5-0). County Administrator Caskey distributed to the Board for their consideration. a resolution pertaining to a grant for the Office. on Youth. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPLY FOR AND TO ACCEPT AND APPROPRIATE TWENTY THOUSAND DOLLARS. FROM THE COMMONWEALTH OF VIRGINIA WHEREAS, the Isle of Wight County Office on Youth desires to apply for Delinquency Prevention Incentive Grant funds under Title V of the Juvenile Justice and Delinquency Prevention Act. from the Commonwealth of Virginia Department of Juvenile Justice Services; and, WHEREAS, should the desired funds be granted, the funds in the amount of twenty thousand dollars ($20,000) from the Commonwealth of Virginia, Department of Juvenile Justice Services need. to be appropriated to the 1996-97 budget of the County. of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the -Isle of Wight County Office on Youth be authorized to submit an application for Delinquency-Prevention Incentive Grant Funds under Title V of the Juvenile Justice and Delinquency Prevention Act. BE IT FURTHER RESOLVED that grant funds in the amount of twenty thousand dollars ($20,000) or as much as shall be received from the Commonwealth of Virginia, Department of Juvenile Justice Services need to be appropriated to the 1996-97 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. The motion was. adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: 1 RESOLUTION TO ACCEPT AND APPROPRIATE 1VINETY SIX THOUSAND THREE HUNDRED FORTY TWO DOLLARS FROM THE FEDERAL GOVERNMENT AND FIVE THOUSAND TWO HUNDRED EIGHTY DOLLARS FROM THE COMMONWEALTH OF VIlZGINIA FOR SCHOOL GRANT PROGRAMS WHEREAS, the School Board of the County of Isle of Wight, Virginia 25 soeK 17N;;~ 26 has received funds for grant programs; and, WHEREAS, the funds in the amount of one hundred one thousand six hundred twenty two dollars ($101,622) needs to be appropriated to the School grant fund in the 1996-97 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that ninety six thousand three hundred forty two dollars ($96,342) to be received from the Federal Government and five thousand two hundred eighty dollars ($5,280) to be received from the Commonwealth of Virginia be appropriated to the following line items in the 1996-97 School budget of the County of Isle of Wight, Virginia: Federal: Carl D. Perkins Vocational/Technology $62,073 Title II Eisenhower Program $15,855. Pre-School Incentive Grant $18,414 $96,342 State: Virginia Commission for the Arts- Artists-in-Education Residency Program $5280 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 Bradby moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FORTY SIX THOUSAND SIX HUNDRED TWO DOLLARS AND FORTY SEVEN CENTS FROM THE FEDERAL GOVERNMENT AND TWENTY TWO THOUSAND TWO HUNDRED DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR SCHOOL CARRYOVER GRANT PROGRAMS WHEREAS, the School Board of the County of Isle of Wight, Virginia has received carryover funds for grant programs; and, WHEREAS; the funds in the amount of sixty eight thousand eight hundred two dollars and forty seven cents ($68,802.47) .needs to be appropriated to the School grant fund in the 1996-97 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the J 1 C 26 n ao~K ~17.~1:- ,~ 1 Board of Supervisors of the County of Isle of Wight, Virginia that forty six thousand six hundred two dollars and forty seven cents ($46,602.47) to be received from the Federal Government and twenty two thousand two hundred dollars ($22,200) to be received from the Commonwealth of Virginia be appropriated to the following line items in the 1996-97 School budget of the County of Isle of Wight, Virginia: Federal: Title VI-B (95-96) $46,602.47 State: Project YES $22,200. 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 #his resolution effect. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SEVEN THOUSAND DOLLARS FROM THE FEDERAL GOVERNMENT AND FIFTY THOUSAND SIX HUNDRED NINETEEN DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR GRANT PROGRAMS WI-iEREA5, the Board of Supervisors of the County of Isle of Wight, Virginia has received funds for grant programs; and, WHEREAS, the funds in the amount of-fifty seven thousand six hundred nineteen dollars ($57,619) need to be appropriated to the appropriate grant funds line items in the 1995-96 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seven thousand dollars ($7,000) received from the Federal Government and fifty thousand six hundred nineteen dollars ($50,619) received from the Commonwealth of Virginia be appropriated to the following line items in the 1995-96 operating budget of the County of Isle of Wight, Virginia: fJ Federal: VCU .1995-96 Work Study Program $2,000 DMV Federal 402 -Selective Enforcement 5 000 $7,000 State: 27 B~~K 17.x.:' ?_8 Youth & Family Services Grant $18,856. Chesapeake Bay Preservation Act Grant $25,000 Virginia Litter Prevention & Recycling Grant 6 763 $50,619 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 Claud moved the Board adopt the following resolution: RESOLUTION. TO ACCEPT AND APPROPRIATE ELEVEN THOUSAND FOUR HUNDRED TWENTY EIGHT DOLLARS FROM THE STATE COMPENSATION BOARD FOR PART-TIME SALARIES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received funds from the State Compensation Board for the payment of part-time salaries; and, WHEREAS, the funds in the amount of eleven thousand four hundred twenty eight dollars ($11,428) need to be appropriated to the appropriate line item in the 1995-96 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eleven thousand four hundred twenty eight dollars .($11,428) received. from the State Compensation Board of Virginia be appropriated to the appropriate line item in the 1995-96 operating 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). County Administrator Caskey stated he has received correspondence from Gerald H. Gwaltney, Commissioner of Revenue, pertaining to the upcoming reassessment. Mr. Caskey stated Mr. Gwaltney is recommending the Board authorize an RFP to begin the process for selecting an appraisal firm. no later than December, 1996 with. the Board potentially. interviewing the firms at their February, 1997 meeting. Chairman Bradshaw moved the Board direct staff to gather appropriate data to pursue information as presented by the Commissioner of the Revenue and bring the matter back to the Board for their consideration at the November, 1996 meeting. The motion was adopted 1 1 28 eo~K ~ 1`7 .~~~ unanimously (5-0). 1 County Administrator Caskey stated he had two matters for executive session later in the meeting. // Chairman Bradshaw called for Old Business. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Adopt Provisions Regulating Communication Antennas and Towers (Tabled August 15, 1996). 1 Mr. David stated, regarding the Board's previous request for him to survey the member jurisdictions in Hampton Roads concerning their treatment of amateur radio antennas and towers, each jurisdiction treats amateur radio antennas and towers as a structure which must meet the setbacks of the zoning district in which they are located. Mr. David stated additionally each jurisdiction may impose a height limitation on such antennas and towers or require a CUP if the height exceeds a certain predetermined height. Mr. David stated in each of the agricultural and residential zoning districts all structures cannot exceed 35 feet in height and he would propose they be allowed by right as long as they do not exceed a certain zoning height and meet the setbacks. Mr. David stated the Planning District Commission is attempting to establish a regional policy and the County. is currently addressing all the issues raised in the model ordinance. Mr. David distributed to the Board an FCC review of a Board of Zoning Appeals determination of an amateur radio antenna case in the State of New York. Erin Hines, amateur radio operator, stated the Town of Smithfield has established 50 feet as a general rule for towers and the City of Virginia Beach has established a 90 foot height for towers. Mr. Hines stated, as proposed, in order to apply for a permit, an amateur radio operator must have a statement from an engineer licensed by the Commonwealth of Virginia. Mr. Hines stated the intent of the ordinance is to control the proliferation of commercial prospects, but the language, as proposed, is too broad and does not take into consideration the individual who wants to follow his hobby. Mr. Hines stated the proposed ordinance states all towers shall be located at least 200 feet from any existing residence and many amateur operators will not be able to meet this requirement. D Mr. David suggested that amateur towers up to 50 feet could be treated as an accessory structure to the house as long as it meets setback requirements, but if the tower exceeds 50 feet an individual would need to make application for a CUP. Mr. David .stated the ordinance could be reworded to provide that the civil engineer's statement would not apply. Regarding the design standards, typically residential lots will not be able to meet this requirement and the Board can waive this requirement on a case by case basis and a statement to that effect could be incorporated into the ordinance, stated Mr. David. 29 eoe~ ~7 ~:hr.~ 30 Supervisor Spady moved the Board. table the matter until their November, 1996 meeting to allow the Director of Planning and Zoning an opportunity to discuss the matter further with the County Attorney and to address the concerns of amateur radio operators. The motion was adopted unanimously. (5-0). Supervisor. Claud stated the issue of an RFP for emergency services was discussed at a recent meeting of the Fire and Rescue Association and he would recommend that a draft RFP be submitted to the fire and rescue squad members for their input and brought back to the Board for submittal. Supervisor Claud moved the Board authorize an RFP be submitted to the Fire and Rescue Association for their input and brought back to the Board for its consideration. The motion was adopted unanimously (5-0). Supervisor Bradby inquired about the status of the additional cages for the animal shelter. County Administrator Caskey stated he has requested the Director of Public Utilities meet with the Chief Animal Control Officer and provide a :recommended cost estimate for expansion of the shelter.. // Chairman Bradshaw called for New Business. Supervisor Claud stated as a matter of information only, he recently met with the Board of Supervisors' Chairman, County Administrator, Parks and Recreational Facilities representatives, Dr. York and Dr. Perry of the schools system concerning alternatives for recreational facilities in the central part of the County. /t Chairman Bradshaw called for Appointments. There were no nominations for appointment offered by the Board. County Administrator Caskey noted for the Board's information Supervisor Claud was recently elected Vice Chairman ~ of the Hampton Roads Planning District Commission. // County Attorney Crook requested an executive session under Section 2.1-344 Al of the Freedom of Information Act concerning two personnel matters and under Section 2.1-344 A7 concerning advice of counsel relative. to potential litigation. County Administrator Caskey requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act relative to two matters concerning advice of counsel relative to potential litigation. ~~ 1 '~-_ 30 r u eooK ~ 17 .~,:~ 31 Supervisor Cofer requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act relative to a matter concerning advice of counsel relative to potential litigation. Chairman Bradshaw requested an executive session under Section 2.1- 344 Al of the Freedom of Information Act relative to two personnel matters. At 10:05 p.m., Supervisor Cofer moved the Board enter executive session for the reasons stated. The .motion was adopted unanimously (5-0). Upon returning to open session at 11:10 p.m., Supervisor Claud 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 atters lawfull exem ted from o en meetin re uirements b m Y P P g q Y 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). // f~ Supervisor Claud moved the Board authorize a .loan. in the amount of $60,000 to the County's self insurance plan to .cover health insurance costs on a temporary basis with flexible repayment terms to be made when available funding is sufficient per the recommendation of the Director of Budget and Finance. The motion passed (4-U) with Supervisor Cofer abstaining from voting on the matter. 31 eooK 1.7~~:~ ~? Supervisor Cofer moved that the former County employee be retained on he County's insurance coverage for twelve months at the County's expense and apply for Blue Cross standard one or two which will pick up the insurance after the twelve months of preexisting conditions. The motion was adopted unanimously (5-0). At 11:17 p.m., Supervisor Cofer moved the Board continue its meeting until Thursday, October 31,1996 at 2:00 p.m. in order to further discuss the Isle of Wight County Zoning Ordinance and An Ordinance to Amend Subdivision Ordinance to Remove 21 Acres Exemption and to Reduce Exempted Lots From Three to Two. The motion was adopted unanimously (5-0). //~~ Phi 'p A. Bradshaw, Chairman 32 1 1 1