Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
07-17-1997 Regular Meeting1
BQ~K ~ 1 'i'irJ'J~
REGULAR MEETING OF Tl-IE 1SI,E OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OFJULY IN THE -YEAR
NINETEEN HUNDRED NINETY SEVEN
PRESENT: Henry H, Bradby, Chairman
Robert C. Claud, Sr., Vice Chairman
Malcolm T. Cofer
ABSENT:....... O. A. Spady
Phillip A. Bradshaw
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Casket', County Administrator
.Donald T. Robertson, Assistant to the
County Administrator/Director of Human
Resources
Carey H. Mills, Recording. Secretary
.Chairman Bradby called the meeting to order at 6;00 p.m. The invocation
was delivered by Supervisor Cofer.
// -
Chairman Bradby indicated the following Consent Agenda included Item
1, A through D, and asked if there were any items for removal:
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 (3-0).
t/
Chairman Bradby called for Transportation Matters.
MacFarland Neblett, Resident Engineer, .Virginia -Department. of
Transportation, provided the Board with ~ status report on the Route. 58/258
Connector Project. Mr. Ne.blett advised that Alignment"A", currently being
examined for wetland impacts, has been identified by VDOT as the preferred
alignment for submittal to the Corps for their review and:. approval..
Mr. Neblctt informed the Board that Smith's Neck Road is currently under
construction.
Mr. Neblett informed the Board that improvements to Waterworks Road
will begin within the next ten days.
Mr. Neblett noted work on he Rescue Bridge has been suspended in order
1
aoaK 17 h~~338
to correct a settlement problem which occurred during the initial construction
phase.
Mr. Neblett stated VDOT is proceeding with the design on Raynor Road
and an estimated advertisement date of July, 1:998 is anticipated.
Mr. Neblett noted plant: mix is currently being laid on primary highway
systems in the County..
Supervisor'Claud inquired about the. status of the needed maintenance on
Muddy Cross Road.
Mr. Neblett noted work has begun to maintain the unimproved .section of
Muddy Crass Road, however, he will need to contact the Superintendent to
determine the exact status of the project as he has not had an opportunityto speak
with hirn.
' Supervisor Claud noted South Johnson Avenue is slated to be taken into
the State System and offered any assistance he could provide in this regard.
John Edwards, Planner/GIS Coordinator, distributed information received
from VDOT regarding the Statewideallocations for secondary road construction
by transportation districts throughout the Commonwealth.
/l
Chairman Bradby called for Citizens Comments.
Elva-Cobum, Pam Bradshaw and ,Bobby Bowser requested the Board
relocate the existing dumpster site at Wrenn's Mill Estates due to shooting
incidences, undesirable. odors and stray animals.. Ms. Coburn presented a petition
in opposition to the dumpster site:
Chairman Bradby advised that he has- asked the Board to allow. him to
:.locate and. secure another site. and requested Ms. Coburn's and Ms. Bradshaw's
assistance in locating a more suitable site within the next thirty days.:
Peder Wennberg and Thomas Walters appeared. requesting the Board's
assistance in preventing future lot clearings in the Gatling Fointe .community. by
contractorslbuilders before the County staff has reviewed and approved the site:
plan for the propetty. They further requested that such violations be treated with
stiff fines and/or sanctions,
-Grace Keen notified the Board that she will begin tape recording the
meetings for her personal use.
Brian Rowe, of Brian Rowe and Company, and owner of 104 Shallowford
a
1
1
1
r
Lane In Calling POIntC, noted hIS prcSCncC S11oUld the Board haVC any gUeStIOnS
concerning the alleged violations of the. County's Chesapeake Bay Preservation
Area Ordinance. Mr. Rowe stated that while some overclcaring did occur, he `
believes the amount was overstated. Unly a portion of .the lot was actually. clear
cut from the street to the marsh and the garage was approved for this site. A
retaining wall is not required on this site as confirmed by the site plan approval
and the driveway elevation will-allow the water to be controlled. No driveway
material ar roof drainage wilt come offi'the bank and runoff will be controlled
with groundgutters and drainage structures on site. Mr. Rowe stated he is not in
violation of the Chesapeake Bay Preservation. Area Ordinance as the site plan '
stipulates the amount of pervious cover on the .site. As far as County
.requirements, Mr. Rowe noted too many trees were removed, however, he is
proposing to plant seven holly trees along tine bank with heavy. mulch plantings.
Mr. Rowe noted he has begun temporary stabilization in an effort to address
concerns of the neighbors and the Board.
/1
Chairman Bradby called for the Cornmunity Development report.
A. The application of Clayton's Auto. Parts,. Inc., owner and PrimeCo
Communications, lessee, tier a Conditional Usa permit to c;rect a
communications tower of 185 feet in hcigltt and an equipment
cabinet area at the base of the tower,. at 15465 Carrollton Boulevard,
in Newport Magisterial District.
Mr. Edwards distributed a request from .the attorney for PrimeCo
Communications requesting that the application be tabled.
Supervisor Cofer moved the Board approve the request of the applicant to
table the matter until the Board's August 21, 1997 meeting so that the matter can
be heard simultaneously with an alternate site application. The motion was
adopted (3-0).
B. The. application of Isle of Wight County Public Recreational
Facilities Authority to hold the'' 1997 Isle oaf Wight County Fair" on
Thursday, September 4, 1997 through Sunday, September 7 1997
on 43.9 acres of land adjoining the Courthouse C©mplcx which is
located. on the. west side of Courthouse ~ Highway (Route 25$) in
Hardy Magisterial District.
Supervisor Claud moved the Board approve .the application. The motion
was adopted (3-0).
Regarding the restoration of Boykn's Tavern, Supervisor Cofer moved.. the
Board table .consideration of the matter until the. Board's Auguste 21, '1997
meeting when all Board members will be present. The motion was adapted (3-
eoo~ 17 r:-34f1
o}.
D. .Violations of the County's Chesapeake $ay~ Preservation Area
Ordinance in Gatling Pointe Subdivision
Mr. Edwards stated regarding the issue of violations to the County's
Chesapeake Bay Preservation Area Qrdinance in Gatling Pointe Subdivision,
Supervisor Spady previously indicated he would view the affected ite by boat.
Supervisor Cofer stated he had spoken with. Supervisor Spady by telephone
who recommends the County pursue prosecution for. the. violation under the
. County's Zoning Ordinance.
Supervisor Cofer moved the. Board authorize the County. Attorney o
contact the Commonwealth Attorney to begin prosecution on the violations. The
motion was adopted (3-0}.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook presented for the Board's consideration the: City of
Franklin Agreement for (9l l } services for County residents residing in the
southern portion of Isle of Wight County for compensation. from the County at
$75 per call :for fire. and rescue responses.. Mr. Crook. stated he recommends the
Agreement to the Board and asks that the. Board approve it and authorize the
.Chairman to `sign on behalf of the County.
Supervisor Claud moved the Board approve .the Agreement with the
understanding it will not be implemented until the: details as to how the calls wil
be.routed from citizens in that part of the County are worked out and authorize
the Chairman to sign same on .behalf of the County. The motion was adopted (3:-
Q},.
County Attorney Crook presented for he Board's consideration the City of
Franklin's lease agreement for a collection center at an annual amount of $1,200
for a term of five. (5}years with two (2) options to renew. Mr. Crank- offered to
see if the County can get, an agreement as to-what the rent will be if the County
exercises its option to renew as the City of Franklin has proposed that the rent be
negotiated on the options to renew..
Supervisor Claud moved the $oard table consideration of the matter until
the Board's August: 7, 1.997 meeting.. In the meantime, the County Attorney was
directed to workout the terms on the renewals. The motion was adopted (3-0}.
County Attorney Crook stated the Gatling Pointe. South prot~ers provide for
a subordination agreement of the deed of trust to the County for financing deed
4
1
1
i
aooK ~ 17 ~~:~`34~
of trust-for development and now the Cou~~ty has a request far subordination to
the financing documents for the development which is pursuant to the County's
Deed of Trust_fram Gatling Pointe South. Mr. Crook stated he recommends this
to the Board and asks- that the Chairman be authorized to sign on behalf of the
Board.
Supervisor Cafcr moved the E3aard authari7e the Chairman to sign the
necessary documents on behalf of the County. The motion was adopted (3-U).
County Attorney Crook .presented to the Board a copy of a letter from the
Town Attorney for the Town of Windsor requesting that a public meeting be
.arranged in the month of August at -the Windsor High School with. the Board
concerning annexation.
Supervisor Cofer moved the Board authorize staff to coordinate between
the Eioard and the Tawn of Windsor a suitable evening date to meet in mid-
Augusta The motion was adopted (3-0).-
I/
Chairman Bradby called for the County Administrator's report.
Jim Wright, Resource Conservationist, Natural Resources Can~crvation
:Services, informed the Baard that the County has experienced a draught. situation
since May, 1997 with severe crap darn~tges and estimated yield lassos as follows:
65°fo loss on corn in the amount of $1,625,00; 50% lass. an soybeans in the
amount of $1,500,OQt); 35°l0 lass an cotton in the amount of $2,625,000; 35%
loss on peanuts in the amount of $5,00~,~00. Duc to estimated Ic~sses in the total
amount of $10,750,000, Robert D. Goerger, Extension Agent, Agriculture, is
requesting that the Board request the Governor's office to declare the County an
.agricultural disaster area as such a declaration from. the Governor's office may
make available to the County's farmers the livestock teed program. and other
types ofdisaster aid, stated Mr. Wright.
Supervisor Claud moved the Baard adopt the following resolution and that
copies be sent to the County's elected represcntatives~
RESOLUTION TO REQUEST THAT THE
GOVERNOR DECLARE ISLE OF WIGHT COUNTY -
AN AGRICULTURAL DISASTER AREA
WHEREAS,. Isle of Wight County, Virginia has experienced severe
drought conditions since early May 1997; and,
WHEREAS, said drought has severely. damaged .the corn, cotton, peanuts
and soybean crop in Isle of Wight County; and,
5
~a~K 17 r~:~.3~2
WHEREAS, the crop damage will create an economic hardship on those
.farmers negatively impacted by the drought..conditions.
NOW,: THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia requests the
.Governor of the Commonwealth of Virginia to designate Isle of Wight County
an agricultural disaster area .for the purpose of being eligible for low interest
loans and/or other disaster aid.
The motion was adopted (3-Q}.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE
. MARY CATHERINE FOSTER..
ON THE OCCASION OF HER RETIREMENT
`WHEREAS, Mary Catherine Foster has served with the Department of
Social Services :for over twenty five (25} and has tendered her resignation
effective July 31, 1997; and,
WHEREAS, Mary Catherine Foster has served the citizens of the County
of Isle !of Wight in an .exemplary manner;' and,
.WHEREAS, Mrs; Foster has positively affected theelives of countless
citizens.
'NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors. of the County of Isle of Wight, :Virginia desires to
.express to Mary Catherine Faster its sincere gratitude for fier leadership and
service to the citizens of the County.
BE IT FURTHER RESOLVED that this resolution be spread upon the
minutes of the meeting of the Isle of Wight County. Board of Supervisors as a
matter of public record and that a copy be forwarded to Mary Catherine
Foster. .
The motion was adopted (3-0}.
County Administrator Casket' .noted the County has been; selected. by the
`Virginia Cooperative Extension as one of the host sites for the Smart Choices
Nutrition Education Program. (SCNEP} which. promotes health, nutrition and `
prevention of chronic diseases. Mr. Casket' stated the SCNEP Program will not
require a cash contribution and an in-kind-match of office space and equipment
(existing} is being made to accommodate the SCNEP Program Assistant.
County Administrator Caskeynoted.The Friends of the Carrollton Library
6
1
1
1
_,
have .advised they would like to_donate private contributions in the amount of
$48,000 to the County and request the :Board increase the project. construction
budget .from $350,000 to approximately $398,000 to increase the building's
usable square footage.
Responding to Supervisor Cloud's comment that when the building is
completed, funds will be needed to equip and furnish the library, Donald T.
Robertson, Assistant to the. County Administrator/Director of Human Resources,
noted that The Friends of the Carrollton .Library have informed staff that they are
continuing fund raising efforts and any funds raised after .this point would ga
towards the interior furnishings of the building.:
Supervisor Claud requested .staff inform The Friends of the Carrollton
Library additional funds to furnish the building must be raised by them.
Mr. Robertson informed the Board that Supervisor Spady also :requested
that staff make The Friends of the Carrollton Library aware that. should building '
costs be excessive, there may not be additional usable space.
//
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 (3~0).
Chairman Bradby called fora public hearing on the following:
A. 1997-98 Proposed Isle of Wight County Capital Budget
Chairman Bradby called far perspns to speak in favor of or in opposition
to the proposed Budget.
Fred Mi chell, Newport District `resident, expressed his concern that
County. taxpayers are bearing a large expense .for unneeded equiprmenY for
volunteer rescue and fire organizations. Mr. Mitchell urged the Board to take
..control to protect taxpayers from overspending.
Supervisor Cofer noted for Mr. Mitchell's benefit that the County. currently
has. consultants reviewing emergency services operations .and a report of their
findings is anticipated i~ the near future.
Chairman Bradby closed the public hearing and called for comments from
the Board.
Supervisor Cofer moved the Board adopt the FY1997-98 Capital .Budget
amended as follows:.
Supervisor Cofer moved the .Board amend the .Carrollton
7
~Q~~ 17:w:~:34~
Public Library from $350,000 to $398,000 with the additional
$48,000 as donated funds.
Supervisor :Cofer further moved the Board :authorize the
addition in the amount of $252.50 'for the Electoral Board's
..request-for additional funds. for the cost of the equipment for
he five (S) voting; booths.
. Supervisor Cofer further moved the Board approve the request
of the Smithfield: Volunteer Fire Department, .Inc: to switch
from one large vehicle to a smaller 1250 GPM Pumper and a
Utility Vehicle:
The motion was adopted (3-0).
B. An Ordinance to Require Fingerprinting of Applicants for Concealed
Handgun Permits
Chairman Bradby called far .persons to speak in favor of or in opposition
to the proposed Ordinance.
Upon no one appearing, Chairman Bradby closed the public hearing and
called for"comments from the Board.
Supervisor Claud noted auxiliary police may have the need for concealed
weapons and inquired if the Board could waive the fee for active auxiliary. police.
`County Attorney Crook advised the County could waive fees. forauxiliary
police, however, .the Board should be aware .that if it opts to waive fees the
County will have to absorb the cosh..of such fees as thefeesare to coven costs to
-the FBI in the amount of $24, $lO to the State for a criminal records`check,. ~S
to the Clerk and $11.50 to the Sheriffs Department. Mr.-Crook suggested the
$50 fee for auxiliary police be a part. of the Sheriffs budget rather than .~ti~aitifing
ame
Supervisor Claud moved the Board adopt the falio~~7ng Qrdinance:
AN ORDINANCE TO REQUIRE FIAtGERPRINTI1tiG
OF APPLICANTS F4R CONCEALED HANDGU?~ PER.'~fITS
WHEREAS, Section 18.~•308D of the Code" of Virginia of 1950, as
amended, authorizes a County or City to enact an ©r~iinance to require any
applicant far a concealed handgun. permit to submit to tngerprinting for the
purpose of obtaining the a~~licant`s state Ur national criminal histt~n° record as
a condition afar issuance of a concealed handgun perritit~ ana,
W}iEREAS, the Board of Super~~aar; cif i~l~ cif i~`'i~ht County, upon
2+
1
1
1
eooK. 17 ~~~:345
recommendation of the Sheriff, Commonwealth's Attorney and Clerk of the
Circuit Court deems. it to be in the best interests of the citizens and law
enforcement of said County to require fingerprinting of applicants for concealed
handgun permit for the purpose of obtaining the applicant's state and/ar national
criminal history record and to set fees. to cover the costs .associated. with
processing the application.
TIIEREFORE, be it and it is herchy ordained by the Board of Supervisors
of Isle of Wight County, Virginia that pursuant to Section. 18.2-308 of the:Code
pf Virginia of 1950, as amended, .any person twenty-one years of age or older
may apply in writing to the Clerk of the Circuit Court of the; County of Isla of
.Wight, Virginia, if he resides therein, fora. permit to carry a concealed handgun.
As a condition thereof, the applicant shall submit to fingerprinting by: the
Sheriff"s Department of Isle of Wight County, Virginia and provide persar~al
descriptive infomnation to be forwarded with the fingerprints through the Central
Criminal Records Exchange to the Federal Bureau. of Investigation for the
purpose of obi<~iining criminal history records information regarding the applicant
and obtaining fingerprint identification information froitY federal records pursuant
to criminal investigations by State and local law enforcement agencies.
Upon receipt of the fingerprint cards to the Sheriff's-Department by the
State I olice, the Sherift's Department shall then prc~mpily notify the applicant
that he has twenty-one (21) days from the date of the notice to request return of
.the fingerprint cards.. A11 fingerprint cards not claimed-by the applicant within
twenty-one (21) days of notification. by the Sheriffs Department shall be _
destroyed. Fingerprints taken far the purposes described in this ordinance shall
not be copied, -held ar used. far any other purposes.
The full amount assessed for processing an application for a permit shall
be .$50.00 to be paid in one sum to the Clerk of the Circuit Court. Out of this
amount, the Clerk shall retain $10.00 for processing and application and: issuing
the permit. The Sheriffs Department of Isle of Wight County, Virginia, will be
paid $35.00 to cover the cost of conducting the investigation pursuant to this
ordinance. The $3S.Q0 shall include any amount assessed by the Federal Bureau
of Investigation for providing criminal history record information and the
Sheriff s Department shall forward the amount assessed by the Federal .Bureau
of Investigation to the State Police with the fingerprints taken from the applicant.
A fee of $5.00 shall be paid to the State Police to cover their casts associated
with processing the application.
The motion was adopted (3-0).
C. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight
County, Virginia to Require Mandatory Solid Waste .Refuse
Collection for All Subdivisions Platted After August 1, 1997,
Chairman Bradby called for persons to speak in favor of or in opposition
9
~o~x 17 ~~~~~4f~
to the prflposed Ordinance.
Upon no one appearing, Chairman Bradby closed the public. hearing and:
called for comments from the Board.
Supervisor Claud requested that "subdivisions" be more clearly defined as
"internal streets" in the. Ordinance.. ,
Supervisor Claud moved the Board .adopt the following Qrdnance with an
amendment recommended by the County Attorney that the Ordinance shall apply
to all lot owners on new subdivision streets in subdivisions platted subsequent to
August i , 1997:
AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE
OF ISLE OF WIGHT COUNTY, VIRGINIA TO REQUIRE
MANDATORY SOLID WASTE REFUSE COLLECTION FOR
` ~ ALL SUBDIVLSIONS PLATTED AFTER AUGUST 1, 1997.
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County, Virginia, that Section 4-4-5 of the Subdivision Ordinance
of Isle. of Wight. County, Virginia; is hereby amended to add Section 4-4-SA
which is to read. as follows:
~es.1:LQn.~4~.~A~1LC~~Y~~t~~ ~ of lcction.
All subdivisions .lots on new subdivision streets in subdivisions
platted subsequent to August 1, 1997, shall be required to utilize the door-
tadoor solid waste refuse collection by the duly authorized and franchised
collectors/ltaulers as determined by the Board of .Supervisors of Isle of
Wight County, .Virginia.
The motion was adopted (3-Q},
D. An Ordinance '`for Exclusive Franchise to 1Vloody Sanitation
Company, Inc. for County Residential .Garbage' Collection
Chairman Bradby called for persons to speak in favor of or in opposition
to the proposed Ordinance.
Upon no one appearing, Chairman'Bradby closed the public hearing and
called for comments from the Board.
Supervisor Cofer :moved the Board adopt the following Ordinance with an
amendment on Page 1, second paragraph, to reflect "all garbage collected from
residential customers":
ORDINANCE FOR EXCLUSIVE FRANCHISE
1Q
1
1
r
eoo~ ~ 17 .:~:~a~7
TO M(JO~YSAN1`I'A"1'lON C;C)M1'ANY,INC_ f~C)RC(OUNTY
RESl17F,NTIAL GARI3AGF COI,I,F.,CTION
This ordinance embodies-the .exclusive franchise agreement, made and
entered rota the 17th day af'July, 1997, by and betwec:n'I'l fl,.° C(UIJN`I'Y (~1~ ISLIa
OF WIGf IT, VIRGINIA, a body politic and corporate, herein called the grantor,
and MOODY SANITATIONCOMPANY, INC:, a corporation or~anired and
existing under the laws of the State of Virginia, with its principal :office at 202
North Church Street, Town of Smithfield, County of Isle of Wight, Stag of
Virginia, herein called the grantee.
Grantee has the exclusive right during the term of the franchise. granted by
this ordinance to collect and haul tar hire aver the streets and alleys of grantor
all garbage collected from residential customers located .within the corporate
limits of grantor, "Garbage" shall be interpreted t~ mean and include all waste
animal and vegetable matter, nebbish, trash, debris, ashes, metal cans, and other
.waste materials generally, including articles ordinarily and customarily hauled
Away and dumped.
It is agrecdby the parties hereto that all reduirett~cnts of Section 15.1-28.01 "
through 15.1-2:8.1 of the Code of Virginia have been complied with farthe
granting of this franchise including the notice provisions thereof far displacement
of private companies providing residential garbage, trash or ref`usc collection
services within. the County. and the. displacement provisions as to grantee and all
other such companies begins as of the date of the adoption of this ordinance.
.SECTION ONE
GRANT OF FRANCHISE .
For and in consideration of the covenants and agreements of grantee
contained in this agreement and as stipulated and the payment of a license fee of
One Hundred Dollars ($100.00) by .grantee to the County of Isle of Wight,
grantor gives and grants to grantee an exclusive franchise and right to pick up,
collect, .transport, and dispose of trash;. refuse and garbage outside. of the
incorporated towns. of the County of Isle of Wight,. to have and to hold the
exclusive franchise, right to pick up, coifect, transport, and dispose of trash,
refuse and garbage in .all of the areas of the County of Isle of Wight for a period
of five (5) years beginning August 1, 1997.
SECTION TWO
-COMPLIANCE WITH LAWS.
Grantee expressly contracts, stipulates, and agrees.. that grantee is an
independent contractor solely responsible for the purchase, maintenance, and
servicing of its equipment; that grantee shall obtain and maintain its own-
equipmentfor the collection and disposal of trash and garbage at its awn expense
and in conformity with the sanitation and- .health requirements of the
11
Bo~K 17 ~~~-~4~
Carnmonwealth of Virginia Department of Health and other laws of the State of
:`Virginia inregard to performance underand pursuant to this agreement.
SECTION THREE
COLLECTION ROUTES.
Grantee ;shall render service to residences in its. franchised area in
accordance with Section 8. IL''Daily Collection Routes" as specified in grantee's
Bid Proposal in Response to Isle of Wight County's Request for Proposals for
Residential Waste Collection which is incorporated herein by reference and a
copy of which is :attached hereto as Appendix A, and which is made a part hereof
by reference.
It is understood and agreed that the Board of Supervisors of Isle of Wight
.County, Virginia, in the event a controversy` should arise as to reasonable,
acceptable service, the Board of Supervisors reserves the right to determine such
issue.
SECTION FOUR
RATES
Grantee's rate for services, rendered shall be in accordance with grantee's
Bid Proposal in Response to Isle of Wight County's :Request for ProposaC for
Residential Waste Collection (Appendix A}, and Section Eleven herein below.
SECTION. FIVE.
SUBLEASING AND CONTRACTING
Grantee shall not have the `authority to sublet nor-contract with other
garbage collectors for the collection and disposal of trash, garbage, and refuse
in the franchised area.
SECTION SIX
CClNTRACTING WITH OTHER MUNICIPALITIES
Nothing contained in this agreement shall: prevent grantee from contracting
with other counties, cities, and towns within the State of Virginia or elsewhere
for the collection of garbage .and disposal of garbage.
SECTION SEVEN
PERSONAL DISPOSAL OF GARBAGE
Except as hereinafter provided, nothing contained in this agreement shall.
prevent any person, firm, or corporation from personally disposing of its own
trash, garbage, or refuse sa Iang as any such individual, firm,. or corporation shall
dispose of. its own trash, garbage, refuse. in a legal and lawful manner and in
compliance: with the laws, rules, and regulations Qf the Commonwealth of
12
1
1
so~r< 17 ~;.~ 3~J
Virginia Department of Health.
It shall not be mandatory for any person or residence not using the services
of grantee as of the date of this agreement to utilize the services of the grantee,
however, grairtor does not relinquish its right and authority to require, by statute,
ordinance or otherwise, any and all future .development. within its-corporate
boundaries to dispose of trash, garbage or refuse. of said developments through
grantee ar any other franchisee in the future if grantor determines that said
requirement is in the best interests of the health, safety and/or welfare of its
citizenry or for any other reason not prohibited by law.
SECTION EIGI-1T
MAINTENANCE
Grantc~ shall make th` trash and garbage collection in enclosed packer
typo trucks. The vehicles shall be maintained in good working order, shall be
cl~ancd regularly in accordance with any applicable health department
regulaticros {at sins suitable, appropriate and approved for cleaning said trucks),
and shall have pr4sentable appearance.
Grantee shall maintain an al'tice at which a responsible person can be
reached by telephone during regular working hours to answer questions about the
pickup service. The dsle of Wight County Administrator/ar his designee: shall
be notified immediately in the event that scheduled disposal ar pickup can: not be ,
met due to mechanical or other unforeseen delays.
SECTION NINE
COMMENCEMENT OF SERVICE
Grantee stipulates ..that it shall commence to furnish service in the
franchised area ,beginning August 1, 1997, and said service shall be in
accordance with grantee's I3id proposal in Response to Isle of Wight County's -
Request for Proposal for Residential Waste Collection, (Appendix A), as well as
Isle of Wight County's Request for Proposals for Residential 'Waste Collection,
which is incorporated herein by reference and is made a part hereof, a;capy of
which is attached hereto as Appendix Q.
.SECTION TEN
TERM
The term of the contract for the: disposal of trash by grantee shall be for a
period of five (5)years, commencing on August 1, 1997 and ending at midnight
on July 31, 2002, with the right to renew for periods of five (5) additional. years
each as set forth below.
SECTION ELEVEN
RENEWAL
13
ea~~ 17 ~~;:~:3~0
Grantee shalt charge a rate of $11.50 per residence serviced for the initial
five (5}year period. This agreement may `be renewed. for two additional five (5)
year. #erms by mutual :agreement. at a rate per. residence .increase equal to the
Consumer Price Index increases for the term preceding the renewal. If during. the
initial term of this contract, or any renewal period, the. number of stops made by
the grantee shall'reach or exceed five thousand (5,000) residences, grantee shall
reduce its .rate for each stop by ten percent.
SECTION TWELVE
TERMINATION
This agreement-may be terminated at the end of the :original, five (S) year
term, by either party ..hereto, upon written notification to the other party,
dispatched by certified mail. to the other party at its last- known post office
address, of its' desire to terminate the said contract as of the expiration of the then
current term; such notice'shall be mailed at least six (6) months prior to the
expiration of the said then current term.
.SECTION THIRTEEN
INSURANCE
Grantee shall carry the following insurance which shall be with a reputable
company duly licensed o dobusiness in the Commonwealth of Virginia and will
file a memorandum of same with the County Administrator.
(a) Workman's Compensation of all employees who may be involved. in
:.any way in the performance of this contract or . in services in connection
therewith;
{b} Insurance for bodilyinjury and property damage in the amount of
One`Miltion Dollars ($.1,000,000.00} combined single limit.
SECTION FOURTEEN
. LIABILITY.
Grantee shall be deemed an-independent contractor and shall assume all
liability and responsibility for any and all damages to persons and/or property
resulting from. he disposal of such trash. and garbage and the County. of Isle of
Wight shall not be liable nor responsible for any such damages,;from all of which
:..grantee shall sane, protect and hold the County hanmless.
SECTION: FIFTEEN
NO WAIVER
The failure of either party to the agreement to insist upon the performance
of any of the terms and conditions of this agreement. or the waiver of any breach ''
of any of the terms and conditions. of this agreement shall not be construed; as
14
1
1
1
eanr~ ~? r,.:~:3:~
thereaf3er waiving any such. terms and conditions, but the. same shall continue
and remain-in full force and effect as if no forbearance or waiver had occurred.
SECTION SIXTEEN
EFFECT OF PARTIAL INVALII)tTY
The. invalidity of any portion of this. agreement will not and shall not be
deemed to affect the validity of any other provision. In the :event that any
provision of this agreement is held to be invalid, ;the .parties agree that. the
remaining provisions shall be deemed to be in full force and effect `as if they .had
been executed by both parties. subsequent to the expungement of the invalid
provision.
SECTION SEVENTEEN
ENTIRE AGREEMENT
This agreement, which includus the specifications and conditions set forth
in Appendices A and. B attachud hereto and included herein, -shall constitutethe
entire agreement hctwecn the. parties and any prior understanding or
representation of any kind preceding the date of this agreement shall not be
binding upon either party except to the extent incorporated in this agreement.
Should a conflict arise between the provisions of thin agreement and
Appendices A or B attached hereto .and included herein, the provisions of this
agreement shall control.
SECTION E1GI~TEEN
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by
either party in connection with this agreement shall be binding only if` evidenced
in writing signed by each. party or an authorized representative of each party..
SECTION NINETEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience
of the. parties and shall not be used to explain, modify, .simplify, or aid in the
interpretation of the provisions of this agreement.
SECTION TWENTY
COUNTERPARTS
This .agreement` may be executed in .any number of counterparts, :each of
which shall be deemed to be an original, but all. of which shall together constitute
the one and the same. instrument,
15
IN VVl['I'NESS WHEREOF, each party to this agreement has caused it to be
executed in Isle of Wight County, Virginia on the date indicated below.
The motion was adopted (3-0).
E. An Ordinance to Amend an Ordinance to Provide for Precincts to
Establish a Central Absentee Voter Precinct at the Courthouse of Isle
of Wight County, Virginia
Chairman. Bradby called for comments from .persons in favor of or in
opposition to the proposed Ordinance.
Upon no one appearing, Chairman Bradby closed the' public hearing and
called for comments from the Board.
Supervisor Claud moved the: Board adopt the following Ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE TO
PROVIDE FOR PRECINCTS. TO ESTABLISH
A CENTRAL A$SENTEE VOTER. PRECINCT '
WHEREAS, on Apri125, 1991, the Board of Supervisors of Isle-of Wight
County, Virginia, adopted an Ordinance to provide for precincts, to establish
boundary lines of precincts, to name each precinct, and to establish a polling
place for each precinct, and,
-WHEREAS, the Electoral Board of Isle of Wight County, Virginia has
recommended to`the Board of Supervisors of Isle of Wight County, Virginia that
said governing bady establish a Central Absentee Voter Precinct at the
Courthouse of Isle of Wight County for the purpose of receiving, counting, and
recording absentee ballots cast in said County pursuant to Sectian24.2-71? of the
Code of Virginia; and,
WHEREAS, the Board. of Supervisors of Isle of Wight County, Virginia,
deems it to be in the best interests of the citizens and'voters of the Counter of Isle
of Wight that a Central Absentee Voting Precinct be established at the
Courfhause of Isle of Wight County, Virginia.
THEREFORE, BE IT AND IT IS HEREBY ORDAINED br• the Board of
Supervisors of Isle of Wight County,: Virginia, that the Ordinance to pr~vi~lz for
.precincts adopted by the Board of Supervisors on April _S 1991, emba3ie~i in
Chapter 5 of Article iII of the Isle of Wight County Code, bz and the sam is
hereby amended by adding as, Section 5-11-1 thereto the follo~~~ing:
Pursuant to authority contained in Code of ti ir~inia Sntion'_~.~-? i'
there is hereby created a Central Absentee Voter Prc~ir~ct at the Cc~unh~au~
of Isle of Wight County, Virginia,: for the purpose cif r~~ei~~ing, e~.3untir~g
16
1
eonK ~.7 -,,.:~~5~
and recording absentee ballots cast in the County in alt. elections.
The motion was adapted (3-0).
F. The application of B. Keith. and Debbie B. Bales .for a change in
.zoning classi~eation from RMH-~, Rural Mobile t-lome to C-RA,
Conditional Rural Residential, .approximately 2.5 acres of land
located on the north side of Burwells Bay Road (Route 621) between
Moonlight Road (Route 627) and Barlow Lane in Hardy Magisterial
District. The purpose of the application is for one single family
residential site.
Mr. Edwards distributed a copy of a letter dated July 14,199? from the
applicant requesting that the application be withdraw.
SupervisorClaud moved the Board approve the request of the applicant. to
withdraw the application. The motion was adapted (3-0).
G. The application of Helen K. Ferguson for a change in ,zoning
classification from A-1, Agricultural Limited to C-RA, Conditional
Rural Residential,: approximately 7.2 acres afland located on the
east side of Rainbow Road (Route bb5) north of Rescue Road
(Route 704) in .Newport Magisterial District. The purpose of the
application is for two (2) single family residential. lots.
Chairman Bradbycalled for persons to speak in favor of or in opposition
to the proposed application.
Darrin Stol'ter, attorney, spoke on behalfofthe applicants.
Mr. Edwards distributed a copy of a letter dated July .15,1997 from Linda
Augusta King, in opposition to the application being approved.
ChairmanBradby closed the public hearing and called for comments from
the Board.
..Supervisor Cofer moved the Board follow the .recommendation of the
Planning Commission and deny the application. The motion was adopted (3-0).
H. The application of Howard A. Jones for a change in zoning
classification from A-1, Agricultural Limited to R-A, Rural
Residential, approximately 2.5 acres of land .located off of Cedar
Grove Road (Route 6b 1) between Cannon Drive (Route 1.935) and
.Marsh View Court in Newport Magisterial District. The purpose of
the application is for one single family residential lot.
Chairman Bradby called for persons to speak in favor of or in opposition
17
eoeK ~7 >~~:~~5!'~
to the proposed application.
Howard Jones, applicant, spoke on behalf of the: application.
.Supervisor Claud moved the Board; approve the application. The motion
was adopted (3-0).
I. The application of Cecil-B. Feade, owner, and Tyres-Edwards and
.Shivers Fungal Home, prospective owners, for a change in zoning
classification from A-1, Agricultural Limited to C-BI Conditional
Business General, approximately 4.5 acres of nand located off the
north side of Courthouse Highway (Route 258) :between Foursquare
Road (Route b20) and Waterworks Road (Route 709) in Hardy
N[agisterial District. The purpose of the application is for a funeral
home.
:Chairman Bradby called for persons to speak in favor of or in opposition
to the proposed application.
Kim Shivers, applicant, ..spoke on behalf of the applicants.
Chairman Bradby closed the public hearing and called for comments from
the Board.
Chairman Bradbyrnoyed the Board approve the application. The motion
was adapted (3-Q):
J. The application of Diana Rosenthal for a change in .zoning
classification from A-1 Agricultural Limited to C-RA, Conditional
Rural Residential, approximately seven (7) acres of -land located at
15521: Lawson Creek Lane in Hardy Magisterial District. The
purpose of the application is for two (2) single family residential
dots.
Mr. Edwards distributed a copy. of a letter dated July 14, 1947 from Diana
C. Rosenthal requestingGhat the application be withdrawn.
Supervisor Claud moved the Board approve the request of the applicant to
withdraw the. application. The motion was adopted (3-0).
K: The application of Gene F. Aston to~ amend Conditional R-A,
Conditional Rural Residential zoning of approximately four (4) acres
of land located on the east side of Sugar Hill. Road (Route 661)
between Miller Lane and Pine Tree Lane in Newport Magisterial
District. The amendment. requests `all three {3) proposed single
family lots be available for sale.
18
1
eoox 17 >,...:3~
Chairman. Bradby called for persons to speak in favor of or in opposition
to the application...
Gene Aston, applicant, spoke on behalf of his application.
Supervisor Cofer moved the Board. approve the application. The motion
was adopted (3-0):
L. The application of William B. & Virginia N. Denison for. a .Special
Use Permit to operate an outdoor .environmental educational
program on approximately eighty-one (81) acres of land lucated at
21455 Chestnut Lane, Zuni, in Nardy Magisterial District.
Chairman Bradby called for persons to speak in favor of or in opposition
to the application.
Virginia N. Denison, applicant, stated the purpose of the application is to
hold halt=day and all-day sessions to educa c school children about their
environment and to supplement classroom instructions given by teachers.
Speaking in opposition, Marie Hots' presented the Board with a letter of
opposition from an adjoining property owner. Ms. 1-1aff voiced her concern with
increased traffic on 01d Gum Tree Rand, a private and narrow road.
Mr. Edwards presented a cagy of a letter dated .Italy 7, 1997 from Jerry and
Edwina Watson in opposition to the proposed application.
Chainman Bradby closed the public hearing anc~ called for comments from
the Board.
Supervisor Claud expressed his concern with the proposed location of a
business on a private road and requested additional time to speak with the School
Superintendent to determine haw they intend to transport students. Supervi or
Claud stated that while there is a need for the proposed project, access to the sate
does cause him concern.
Supervisor Claud moved the Board table: consideration of the application
until the August ?, 1997 meeting to allow him time to get the additional
information. The motion was adopted (3-0).
~ll
Supervisor Cofer moved the Board return to the regular order of the
agenda; The motion was adopted (3-0).
JI
19
80t~K 1 t >: "•a~t)
Chairman Bradby called for the continuation of the County Administrator's
report,
County Administrator Casket' presented for the Board's consideration an
inquiry from: the Town of Smithfield regarding. the Board's interest in sharing'
.equally,. in the cost_of a public :rest room to be .located in the old Courthouse
..building.
Responsive to Supervisor Cofer's statement that the owners of the building
have 'not approved a rest room to be located in the old Courthouse building,:
Supervisor Claud moved the Board direct the County Administrator respond to
the Smithfield Town Manager. requesting that once the Town has an official
position concerning the proposed public rest rooms that the Town get back in
touch_wi'th the Board. The motion was adopted{3-4).
County Administrator Casket' stated the Board had previously indicated an
interest in scheduling a meeting with the General Assembly Delegation
representing Isle of Wight County to discuss its concerns relative to ..needed.
transportation projects and their funding.
Supervisor Cofer moved the Board directthe County Administrator to
schedule a work session with the County's General. Assembly :representatives
prior to the Board`s October 16, 199? evening meeting. The'motion was adopted
(3-0).
Anno F. Seward, Director of Budget and .Finance, stated the Board at its
June 5, 1997.meetng authorized the'use of contingency funds in the amount of
$5,744 in addition-to $10,044 appropriated in the Capital Budget for the purchase
of a new truck for the Planning and Zoning Department.. Ms. Seward continued
a purchase order was issued to the low bid :vendor who then notified the County
.that they could not finda.vehiete for that price under those specifications. As a
result, the truck was rebid and the vendor again could not locate such a vehicle.
Ms. Seward presented for the Board's .consideration the second to lowest bid and
noted'because the Countyhas crossed fiscal years it will now-be necessary for the
Board to either allow he use of contingency funds for .this purpose or
reappropriate the .required"funds. ,
Supervisor Cofer moved the Board authorize use of contingency funds in
the amount of $1,455 from the 1997-1998 Capital Budget.. The motion was
adopted (3-4),
Supervisor `Claud moved the Board adopt the following resolution:
RESOLUTION TO APPOINT :BEVERLY H. WALKUP
AS INTERIM SUBDIVISION AGENT.
FOR ISLE OF WIGHT COUNTY
FOR THE PERIOD OF JULY 21, 1997 THROUGH AUGUST 21, l 997
20
1
lJ
1
Bp~K ~7 %~;'~~i~ f
WHEREAS, the Board of Supervisors of the County of Isle of :Wight have
adapted a Subdivision Ordinance of Isle of Wight County, Virginia of 1969 to
establish certain subdivision standards and procedures within the County; and,
WHEREAS, Section 2.1 of the County's Subdivision Ordinance requires
that the ordinance be administered by an agent appointed by the governing body;
and,
WHEREAS, R. Bryan David, the C~ounty's former Director of Planning and
Zoning, left employment with the. County an June 6, 1997 and the County is
desirous of appointing an interim Subdivision Agent until the new Director of
.Planning and Zaning assumes such authority.
NOW, T1-kEREFORE, k3E 1T AND lT IS IIEREtiY RESOLVED by the
Board of Supervisors of the County oflste of Wight that Beverly H. Walkup be
appointed to serve as interim Suk~division Agent far the Countyof lsle of Wight
far the period ofJuly 21, 1997 until August 21, 1997.
The motion was adapted (3-0). .
County Administrator Casket' distributed to .the Board a copy of
correspondence from Delegate Barlow in response to an inquiry of the Board
relati~~e to a requestfrom the FFA-F}-iA/kkERO real estate tax exemption.
Supervisor Ciaud moved the Board pracctd with having this appear before
the. General Assembly and authorize the County Attorney to do all things
necessary to accomplish same. The motion was adopted (3-0).
County Administrator Casket' referenced a letter mailed to the Board on
July 7, 1997 transmitting a copy of correspondence received from the Norfolk
Ciri~ Manager a~~ho indicated an interest in discussing with the County and its
neighboring jurisdictions the. possibility of addressing regional water needs in a
mutually beneficial arrangement..
.Supervisor Cofer moved the .Board refer the matter to the Regional
.Committee and authorize the Committee to place the matter on theiragenda for
discussion.. 'The motion was adapted (3-0).
f~.
Chairman Bradby called for Old Business.
There ways no old business offered.
/r
Chairman f3radby called fvr New 13usincss.
21
~o~K 17 -:~-.3~~?~
There was no new business offered.
//
Chairman Bradby called for :Appointments.
There were no appointments offered,
//
At 8:00 p.m., Supervisor Cofer moved the Board adjourn. The motion
was adopted (3-0)
Henry H. Bradby, Chairman
W. I1ou a skey, Cle