03-19-1998 Regular MeetingeooK 17.~~,;f6~6
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF MARCH IlV THE YEAR
NINETEEN HUNDRED NINETY EIGHT
PRESENT: Robert C. Claud, Sr., Chairman.
O. A. Spady, Vice-Chairman
Malcolm T. Cofer
Phillip A. Bradshaw
Henry H. Bradby
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 Claud called the meeting to order at 6:00 p.m. and delivered the
invocation.
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Chairman Claud called for Special Presentations.
Shirley Short, Chairman, Isle of Wight County Literary Committee, was
acknowledged by Chairman Claud and presented a resolution designating April,
1998 as Family Reading Month in Isle of Wight County.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO DESIGNATE APRIL 1998
AS FAMILY READING MONTH
IN ISLE OF WIGHT COUNTY
WHEREAS, Americans are a nation of readers; and,
WHEREAS, reading is an integral part of our national experience; and,
WHEREAS, as citizens, we need to nurture these readers with vast
resources of knowledge and information; and,
WHEREAS, books, .reading and libraries are important in our lives;' and,
WHEREAS, taking time to read individually and aloud to others gives
pleasure, instruction, information and guidance.
NOW, THEREFORE,. BE IT AND IT IS HEREBY RESOLVED that the
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Board of Supervisors of the County of Isle of Wight,. Virginia designates April
1998 as "Family Reading Month" in Isle of Wight County.
BE IT FURTHER RESOLVED that the Board of Supervisors urges all of
the citizens of Isle of Wight County to read, to themselves and to others, during
this month and throughout the year.
The motion was adopted unanimously (5-0).
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Chairman Claud indicated the following Consent Agenda included Item 2,
A and B, and asked if there were any items for removal:
A. Delinquent Real Estate Tax Collection Monthly Report
B. February 19, 1998 Regular Meeting Minutes
.There being no items requested by the Board members for removal,
Supervisor Cofer moved the Board approve all items of the Consent Agenda.
The motion was adopted unanimously (5-0).
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Chairman Claud called for Transportation Matters..
Jonathan W. Hartley, Director of Planning and Zoning, presented the
priorities for the 1998 Preallocation Hearing for Interstate, Primary and Urban
Funding by the Commonwealth Transportation Board and the Virginia
Department of Transportation. Mr. Hartley also distributed a letter from Terry
D. Lewis, County Administrator, Surry County, dated March 18, 1998, advising
the Board that the Surry County Board of Supervisors' top priority highway
project for 1998 is the upgrading of Virginia Route 10 and requesting that the
Boazd of Supervisors of Isle of Wight County make this its top priority highway.
project for 1998 as well.
Mr. Hartley notified the Board that following the March 5, 1998 meeting,
he was advised that the RaceTrac Gas Station is in the process of increasing its
number of pumps. In this regard, turn lanes will be required to be .installed in
both directions at the intersection of King's Cove Way and Route 17.
Supervisor Spady requested Mr. Hartley again contact the VDOT Resident
Engineer should fie not hear back from him by April concerning the County's
request for the number of accidents occumng at the RaceTrac facility.
Supervisor Bradshaw moved the Board adopt the following resolution,
instruct staff to send the resolution to the County's Legislative Delegation. and
present the resolution to VDOT on Apri17, 1998:
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RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY,
VIRGINIA, FOR THE 1998 COMMONWEALTH TRANSPORTATION
BOARD AND VIRGINIA DEPARTMENT OF TRANSPORTATION
PREALLOCATION .HEARING
WHEREAS, the Commonwealth Transportation Board and the Virginia
Department of Transportation will conduct a preallocation hearing for interstate
primary, and urban system transportation improvements in the Suffolk District
on Apri17, 1998; and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
expresses its appreciation to the Commonwealth Transportation Board and the
Virginia Department of Transportation for the opportunity to present the
transportation improvement priorities of the County; and,
WHEREAS, Isle of Wight County, Virginia, .wishes to make specific
recommendations for transportation improvement projects to be contained in the
Commonwealth of Virginia's Six-Year Transportation Improvement Program.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of
.Isle of Wight County, Virginia, that the following. project is considered the
highest transportation improvement priority for the County because of its
potential to address, serious vehicle safety problems as well as to provide
significant economic benefits for the movement of goods and services within the.
County and the Hampton Roads Region:
Realignment and the widening of Route 258 to four-lanes between Route
10-Smithfield Bypass to Route 58-Business, including:
a. the construction of the Route 258-Windsor Bypass. and its grade-
separated crossing at the Norfolk Southern rail line; and,
b. the construction of the Cypress Creek Connector which provides for ~ I
the relocation of Route 258 south of the Route 10-Smithfield Bypass.
BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of
Wight County, Virginia, that the following projects are considered to be other
important and vitally necessary transportation improvement priorities in the
County:
1. Route 260 (Route 58-Business-Franklin Bypass connector).
2. Construction of capacity and safety improvements to Route 10 along
with similar improvements within the Counties of Surry and Prince
George including the widening of Route 10-Bypass. to four (4) lanes.
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3. Construction of dedicated left-turn lanes at the intersection of Route
460 .and Routes T-610/T-603 and a continuous center turn lane
between this intersection. and the eastern corporate limits of the
Town of Windsor.
BE IT FURTHER. RESOLVED by the Board of Supervisors of Isle of
Wight County, Virginia that the County Administrator is to forward a copy of
this resolution to the County's legislative delegation and to the .Virginia
Department of Transportation for inclusion in the official record of the .1998
preallocation hearing and for adoption in the Six-Year Improvement Program for
the Commonwealth of Virginia. .
The motion was adopted unanimously (5-0).
Mr. Hartley presented the following County Primary and Secondary Road
Fund (Revenue Sharing Program) for Fiscal Year 1998-1999 and. stated the
Board previously allocated an amount of up to the maximum of $500,000.
VDOT has provided him with a budget and suggested that $250,000 be paced
on Pruden Road; $125,000 on Blackwater Road and $125,000 on -rural addition
roads, notified Mr. Hartley.
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Supervisor Spady stated that before the Board commits to designating all
of the Revenue Sharing funds he would like to see if Route 681 will be affected.
In the meantime, Mr. Hartley noted he would .attempt to get additional
information on the status of all the rural addition roads at the request of
Chairman Claud.
Supervisor Bradshaw moved the Board approve the budget in the amount
of $500,000 as the County's matching funds for the FY1999 Revenue Sharing
Program and instruct the County Administrator to formally submit the request to
VDOT. The motion was adopted unanimously (~-0).
Mr. Hartley notified the Board that the City of Suffolk has. requested
VDOT to rename the Route 58 Bridge over the Blackwater River the "Sol Waite
Rawls Memorial Bridge".
In response to Supervisor Bradby's previous statements of concern, County
Administrator Caskey distributed correspondence from the VDOT Resident
..Engineer. dated March 17, 1998 concerning the barrier at the Route 10 Bypass
noting certain local concerns and the measures being taken by VDOT to ensure
the safety of motorists using the Route 10 Bypass and the access ramps.
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Supervisor Bradby asked that the drainage problem on Route 10 near
Bradby's Lane be resolved.
James E. Brown, Jr., resident of the Town of Smithfield, expressed a
concern with right-of-way acquisition on certain property due to the widening of
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Highway 258 (Main Street in the Town of Smithfield). Mr. Brown further noted
a concern with the location of the GTE panels recently installed in his yard. Mr.
Brown stated that when VDOT representatives originally spoke with his father,
his father was terminally ill and the family does not feel there was equitable
settlement in terms of the acquisition price. In addition, his mother's yard is
.flooded from the last rain where the storm drain was clogged as a result of
VDOT digging a gas line and filling in the storm drain.
Marsha Williams, sister of James E. Brown, Jr., requested the Board take
appropriate action to restore the trees located at 656 Main Street in Smithfield
which is her mother's residence. VDOT recently denied her request and she is
appealing to the .Board as these trees serve as a protective barrier from traffic.
Supervisor Cofer moved the Board direct the Director of Planning and
Zoning correspond with VDOT on the concerns of Mr. Brown and Ms. Williams
and involve the Smithfield Town Manager as their property is located within the
boundary lines of the Town of Smithfield. The motion was adopted unanimously
(5-0).
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` Chairman Claud called for Citizens Comments.
W. Parker Cauncill, Commonwealth Attorney, requested the Board
appropriate .$1,000 to cover additional rent expenses for additional space of
.approximately 850 square feet at his current location. Mr. Councill notified the
Board as of January 1, 1998, his Assistant became afull-time position and this
request, if approved, would allow him to have an office for his Assistant, a
conference room, a library and a filing room.
Supervisor Spady moved the Board appropriate $1,000 from the
Contingency Account to cover additional rent expenses for the Commonwealth
Attorney's office. The motion was adopted unanimously (5-0).
Grace Keen requested the Board appropriate $1.50 for a tree, planting and
plaque in honor of the late A. C. Rogers. Ms. Keen further requested a ceremony.
commemorating his service to the County.
Supervisor Bradby moved the Board appropriate $150 either from the
Beautification Account or Contingency Account towards the expenses for the
purchase of a tree, tree planting and plaque in honor of A. C. Rogers and that
County. staff coordinate. an appropriate ceremony. The motion was adopted
unanimously (5-0).
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Chairman Claud called for the Community .Development report.
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Regarding the Windsor Area (South) Community Development Block
Grant (CDBG) to undertake a sewer project in the area south of Windsor, Mr.
Hartley stated for a fixed fee of $1,800 K. W. Poore and Associates would work
with both the County.and the Town of Windsor in preparing a grant application
for a planning grant. In this regard, Mr. Hartley requested an appropriation of
$1,800 in order to pursue this project.
Supervisor BradshaEV moved the Board appropriate $1,800 for the
preparation of the planning grant from the Contingency Account.. The motion
was adopted .unanimously (5-0).
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Chairman Claud called for the Public Utilities report.
E. Wayne Rountree, Director of Public Utilities, noted effective January 1,
1998 a change dealing with a utility surcharge on a piece of sewer line that
County sewer flows through the Town of Smithfield has occurred in the Utility
Agreement between the County and the Town of Smithfield. This agreement
.provides fora $3.00 surcharge on all sewer customers in the Gatling Pointe
Subdivision. In this regard, Mr. Rountree stated he is requesting an
appropriation of $6,500 from the Contingency Account be transferred into this
fund to pay this bill as funds are not available in the Utility Budget this year to
cover this expense for the remainder of this fiscal year.
Supervisor Cofer moved the .Board approve the transfer of $6,500 from the
Contingency Fund to the Utilities Budget for the payment of this expense for the
remainder of this fiscal year. The motion was adopted unanimously (S-0).
Mr. Rountree advised up to eighty (80) easements have been received for
the Windsor sewer project. Forty three (43) easements have been signed,.
recorded and returned and .thirty seven (37) are being negotiated. Mr. Rountree
stated review comments have been forwarded to the engineer.
Mr. Rountree announced he would have one matter for executive session
later in the meeting.
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Chairman Claud called for the Economic Development report.
County Administrator Casket' notified the Board that $200,000 has been
funded through the Historic Resources Department for Boykn's Tavern. with an
additional $25,000 available the following year, subject to the Governor's
approval.
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Chairman Claud called for the Parks and Recreation report.
Alan S. Nogiec, Director of Parks and Recreation notified the Board that
the Governor has signed the Bill for transferring the ownership of Fort Boykins
to the County.
Mr. Nogiec presented a request- for an appropriation of $3,500. from the
Capital Budget for certain used lighting fixtures to be installed at Nike Park. and
other recreational sites.
Supervisor Bradshaw moved the Board approve the. appropriation of
$3,500 from the Capital Budget for certain used lighting fixtures to be installed
at Nike Park and other recreational sites.
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Chairman Claud called for the County Administrator's report.
County Administrator Caskey presented for the Board's consideration a
resolution effectuating the Board's action on February 19, 1998 in regards to
deeming a vehicle surplus property and authorizing its donation to the Crater
Criminal Justice Academy as requested by Sheriff Phelps.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO DEEM A VEHICLE AS SURPLUS PROPERTY
AND TO AUTHORIZE ITS DONATION TO
CRATER CRIMINAL JUSTICE ACADEMY
WHEREAS, the County of Isle of Wight, Virginia has personal property
consisting of vehicles and equipment that are no longer serviceable or have been
replaced by new equipment and which are no longer needed by the County of Isle
of Wight; and,
WHEREAS, the Board of Supervisors of Isle of Wight County deems the
following equipment surplus and desires to dispose of same by method of
donation to the Crater Criminal Justice Academy:
1992 Ford 4DR SDN VIN# 2FACP72WONX198922
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia deems said vehicle
as surplus property.
BE IT FURTHER RESOLVED by the Board of Supervisors that the
County Administrator of Isle of Wight County, as the Central Purchasing Agent
of said County, be and is hereby authorized to donate said surplus equipment to
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the Crater Criminal Justice Academy.
The motion was adopted unanimously {5-0).
Donald T. Robertson, Assistant to the-County Administrator/Director of
Human Resources, noted the State is requiring all .local Community Policy and
Management Teams (CPMT) develop and implement a formal policy for parental
reimbursement for services purchased for local youth served under the CSA.
Such policy will allow the CPMT to work with families who are now receiving
services through this County and are able to provide funding.. Mr. Robertson
requested the Board authorize the Policy so that staff can begin implementing it
as soon as possible.
County Attorney Crook noted he would like additional time to review the
Policy.
Supervisor Bradshaw. moved the Board direct the County Attorney review
the Policy as presented and make a recommendation to the Board at its April 2,
1998 meeting. The motion was adopted unanimously (5-0).
County Administrator Caskey presented for the Board's consideration a
resolution regarding the Pesticide Container Recycling Program.
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Supervisor Cofer moved the Board adopt the following resolution and
authorize execution of the Memorandum of Agreement:
RESOLUTION TO ACCEPT AND APPROPRIATE
ONE THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS
FROM THE COMMONWEALTH OF VIRGINIA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
WHEREAS, the County. of Isle of Wight, Virginia has received a grant
from the Commonwealth of Virginia Department of Agriculture and Consumer
Services for continuation of the Pesticide Container Recycling Program; and,
WHEREAS, the .funds in the amount of one thousand eight hundred
seventy five dollars .($1875) from the Commonwealth of Virginia need to be
appropriated to the Pesticide Container Recycling Program line item in the
FY1997-98 budget ofthe County of Isle of Wight.
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NOW, THEREFORE, BE IT AND. IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that one thousand
eight hundred. seventy five dollars ($1875) or as much. as .shall be received from
the Commonwealth of Virginia Department of Agriculture and Consumer
Services be appropriated to the Pesticide Container Recycling Program line item
in the FY1997-98budget of the County of Isle of Wight.
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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 noted the Isle of Wight Academy is
requesting to use the property in front of the Courthouse and in front of Boykin's
Tavern for an Easter Egg Hunt on Friday, April 10,.1998 from 9;00 a.m, until
12:00 noon.
Supervisor Bradshaw moved the Board authorize the Isle of Wight
Academy to use the property in front of the Courthouse and Boykin's Tavern for
an Easter Egg Hunt on Friday, April 10, 1998 from 9:00 a.m. until 12:00 noon.
The motion was adopted unanimously (5-0).
County Administrator Caskey reminded the Board of a joint work session
with the Industrial Development Authority scheduled for 12:30 p.m. on April 2,
1998, prior to the Board's regular meeting.
Anne F. Seward, Director of Budget and Finance, stated she is in receipt
of correspondence from the County's auditors, Robinson, Farmer, Cox &
Associates concerning a potential refinancing option of the 1994 VRS Early.
Retirement Obligation of the. schools. In this regard, the proposed refinancing
would be grouped together with other notes at a lower interest rate of 6.5% which
would reduce .the total interest to be paid out over the term of the note by $36,760
at today's. rate of 6.5%. Ms. Seward noted .correspondence was sent to the
schools for their approval and recommendation and she has been notified that the
School Superintendent is recommending this.
Supervisor Cofer moved the Board authorize staff to proceed with the
refinancing of the schools VRS Early Retirement Obligation. The motion was
adopted unanimously (S-0).
Ms. Seward presented a request from the General Registrar for postage and
.envelopes, a result of the Department of Justice's decision to change the
congressional district lines which .transfer certain, voters from the 4th
Congressional District to the 3rd Congressional District. -The Registrar estimates
this will affect approximately 12,000 citizens who will have to be advised of this
change in registration and issued new voter registration cards, stated Ms. Seward.
Supervisor Bradshaw moved the Board authorize $3,800 from the General
Fund Contingency Account to cover additional postage due to the transfer of
certain voters from the 4th- Congressional District to the 3rd Congressional
District. The motion was adopted unanimously (5-0).
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Chairman Claud called for Old Business.
There was no old business offered-for discussion.
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Chairman Claud called for New Business.
There was no new business offered for discussion..
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Chairman Claud called for Appointments.
Supervisor Cofer moved the Board appoint the following. individualsto the
Isle of Wight Fair Committee: Richard Turner; Joel C. Bradshaw; Grace Keen;
Pete Carr; Karen J. Casey; Alan S. Nogiec; Ludford T. Creef, III; Tom Baise;
Henry Bradby; Ralph R. Wilkerson; Evelyn Chandler; Dr. Vito Morlino; W: B.
.Owen; Tommy Harroll; Tim/Audrey Christenson; Stan Murrell, Jr.; Larry &
Mary Lee Willis; Tom Stanfield; Bob Goerger; Ann Hampton; Paul O'Berry;
Sharon O°Berry; Debra Weir; Karen Jones; David Sawyer; Peggy Creef; Captain
Riddle Hines; and, Sharon Stallings. These appointments will be for none-year
term. The motion was adopted unanimously (S-0).
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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 (S-
0).
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Chairman Claud called for public hearings.
Regarding the Community Development Block Grant (CDBG), Mr.
Hartley noted Kenneth Poore has -not arrived and he would recommend the Board
conduct the other public hearings until Mr. Poore's arrival.
..Supervisor Cofer moved the Board amend the order of the public hearings
to delay the public hearing on the CDBG until the arrival of Mr. Poore. The
motion was adopted unanimously (S-0).
Chairman Claud called for a public hearing on the following:
The application of Whitley-Hawkins Holdings LLC, owner and E.C.
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Whitley Enterprises, operator, for a Conditional Use Permit to create a
borrow pit containing eight (8) acres of land located on the"Bunch Farm"
off Airport Drive (Route 616) in Windsor Magisterial District.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Sandra Hawkins spoke in favor. and offered to answer any questions the
Board may have.
Upon no one speaking in opposition, Chairman Claud closed the public
hearing and called for .comments from. the Board.
Supervisor Bradshaw commended the Whitleys for the management of
their existing borrow pits and moved the Board approve the application of
Whitley-Hawkins Holdings LLC. The motion was adopted unanimously (5-0).
Chairman Claud called for a public hearing on the following:
The application of Kevin McIntyre for a Conditional Use Permit to utilize
a garage apartment as a guest home in addition to asingle-family dwelling
on property zoned NC-RA located at 31175 Walters Highway in Windsor
Magisterial District.
Chairman Claud. called for persons to speak in favor of or in opposition to
the proposed .application.
Kevin McIntyre appeared and stated the request is for the conversion of a
garage into a guest home. The lot has a private well and sewer which was
designed to accommodate both buildings, stated Mr. McIntyre.
Upon no one speaking in opposition, Chairman Claud closed the public
hearing and called for comments from the Board.
County Attorney Crook stated normally this type of request is first
presented to the Board of Zoning Appeals, followed by the Planning Commission
and final approval by the Board of Supervisors. However, this matter when
presented to the Board of Zoning Appeals, was withdrawn when opposition was.
presented. Later it was submitted to the Planning Commission although he does
,not recall if the Planning Commission was made aware that it had been
withdrawn from the Board of Zoning Appeals because at the last Board of
Zoning .Appeals meeting there was discussion on why was the Planning
Commission approving an application for which they had not granted a variance.
For this reason, County Attorney Crook requested. the Board not take action on
this. application until the Board of Zoning Appeals has taken action on it. County
Attorney Crook advised that the Board. would not have to have another public
hearing on this application. Mr. Crook explained that under the. Zoning
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Ordinance 60,000 sq. ft. is required for this second use on the property and the
Iot is approximately 43,000 sq. ft. Therefore, before the use can be approved by
the Board of Supervisors, a variance to the required lot area would have to be
obtained from the Board of Zoning Appeals.
On advice of County Attorney. Crook,. Supervisor Cofer moved the Board
table consideration of the matter until its April 16, 1998 meeting to allow. the
Board of Zoning Appeals an opportunity to .hear the issue of the variance. The
motion was adopted unanimously (5-0).
Chairman Claud called for a public hearing on the following:
The application of Wakirk Properties, owner and Isle of Wight County,
prospective owner, for a Conditional Use. Permit to construct a 1,000,000
gallon elevated water storage tank on approximately two {2) acres of land
located .off the north side of Brewers Neck Boulevard (Route 258 & 32)
between Carrollton Boulevard (Route 17) and Bartlett Circle (Route 1931)
in Newport Magisterial District.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
E. Wayne Rountree, P.E., Director of Public Utilities, noted the purpose
of the application is to use approximately 2.5 acres of a 102 acre site for use as
a 1,000,000 gallons storage tank located .near the intersection at Bartlett.
Because this is a visible area to visitors coming into the County, the Board may
wish to put some thought into the color of the tank and. logo, recommended Mr.
Rountree.
Upon no one speaking in opposition, .Chairman Claud closed the public
hearing and called for comments from the Board.
Chairman Claud moved the Board approve the application of Wakirk
Properties, as conditioned. The motion was adopted unanimously (5-0).
Chairman Claud called for a public hearing on the following:
The application of William T. Spain, owner and Joseph W. Stradley,
prospective owner,. for a change in zoning classification. from RAC to
Conditional. GC, Conditional General Commercial, approximately 9.5
acres of land located on the south side of Windsor Boulevard (Route 460)
at its .intersection with Ecella Drive (Route 639) in Hardy Magisterial
District. The purpose of the application is for .commercial uses as
conditioned.
Chairman Claud called for persons to speak in favor of or in opposition to
the application..
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Joseph W, Stradley, prospective owner, stated his intent is to locate a
farmers market and a welding shop.
Upon no ane speaking in opposition, Chairman Claud closed the public
hearing and called for comments from the Board.
Supervisor Bradshaw moved the Board approve the application of William
T. Spain. The motion was adopted unanimously (5-0).
Chairman Claud called for a public hearing on the following:
The application of Robert R. Steele for a change in zoning classification
from RAC, Rural Agricultural Conservation, to C-GC, Conditional
General Commercial, approximately .45 acre of land and to C-Ll,
Conditional Light Industrial, approximately .49 acre of land located on the
east side of Smith's Neck Road (Route 665), between Wigwam Circle and
Brown's Lane, in Newport Magisterial District.. The purpose. of the
application is for commercial and industrial uses as conditioned.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Robert R. Steele requested the Board approve his proposed application,
County Attorney Crook inquired if the required sign for rezoning had .been
posted.
Mr. Steele noted the sign had been knocked down several times due to the
recent :inclement weather, but to the best of his knowledge, the sign has been
appropriately posted.
Thomas Fenderson of Sugar Hill Road questioned if two signs are required...
County Attorney Crook advised the number of required signs depends on
the size of the property.
In response to Supervisor Spady's inquiry. of whether two signs were
posted, Mr. Hartley advised the Board that the sign included both rezonings,
general commercial and light industrial. Mr. Hartley further advised he is not
aware if staff checked to see .that the signs were posted in accordance with the
requirement.
Upon no one speaking in opposition, Chairman Claud closed the public
hearing and called for comments from the Board.
Supervisor Spady noted that while he is not opposed to the rezoning, he
does have some concern about whether the sign was properly posted.
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County Attorney Crook stated- the signs are an ordinance requirement
established to inform the neighborhaod where the rezonings would be which
must be placed near the road where residents-can see it. County Attorney Crook
stated a previous rezoning was overturned in court because the sign was not
posted and, as a result, the ordinance language was modified, and. if therewere
residents who came to the meeting stating there was no sign up, he would
recommend against it. In this instance, no one from the community has appeared
or written opposing the rezonings and he believes it will be alright-under the
circumstances. County Attorney Crook stated if the Board has doubts, the matter
can be tabled and the signs-again posted for the required time.
Supervisor Spady stated he does not believe the rezonings will affect the
neighborhood in a negative manner and moved the Board approve the application
of Robert R. Steele. The motion was adopted unanimously (5-0).
Chairman Claud called for a public hearing on the following:
Creation of a Western Tidewater Water Authority
County Attorney Crook stated previously the Board of Supervisors adopted
a Resolution of Intent to form a joint waterauthority with the City of Suffolk and
before the .Board tonight are the Articles of Incorporation that sets up the
Authority. The City of Suffolk has advertised a public hearing and adopted the
Resolution.. County Attorney Crook stated there is one minor change to the
Resolution contained in the agenda for the Board's consideration which calls for
six (6) members, rather than four (4). County Attorney Crook added .that
adoption of the resolution does not commit specific water resources at this time.
Chairman Claud called for citizens to speak in favor of or in apposition to
the proposed .creation of a Western Tidewater Water Authority.
Upon no one appearing, Chairman Claud closed the public hearing and
called for comments from. the Board.
Supervisor Spady noted that the members all have the same expiration
date.
Supervisor Bradshaw commented on the membership list whereas two-
thirds (2/3) are non-elected officials or staff officials.
Supervisor Spady moved .the Board .adopt the following amended
Resolution Creating the Western Tidewater Water Authority and the Articles of
Incorporation of the.Authority:
RESOLUTION CREATING THE
WESTERN TIDEWATER WATER AUTHORITX
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WHEREAS, the Board of Supervisors of Isle of Wight County,. Virginia
has duly considered the advantages of creating a regional water authority with the
City of Suffolk as provided in the Virginia Water and Sewer Authorities Act,
Chapter 51, Title 15,2, Code of Virginia.
NOW, THEREFORE, BE I'T RESOLVED by the Board of Supervisors of
the County of Isle of Wight, Virginia that the Western Tidewater Water Authority
is hereby created and the Articles of Incorporation of the Western Tidewater
Water Authority shall be as follows:
ARTICLES OF INCORPORATION
OF
WESTERN TIDEWATER WATER AUTHORITY
The Council of the Ciry of Suffolk and the Board of Supervisors of the
County of Isle of Wight having signified their intention to create an authority
pursuant to the Virginia Water and Sewer Authorities Act (Chapter 51, Title
15.2, Code of Virginia of 1950, as amended), which authority shall be a public
body politic and corporate, do hereby certify:
(1) The name of the authority shall be the "Western Tidewater Water
.Authority" (the "Authority") and its principal office shall be located at 441
..Market Street, Suffolk, Virginia.
(2) 'The names of -he incorporating political. subdivisions are the City of
.Suffolk and the County of Isle of Wight.
(3) The powers of the Authority shall be exercised by a six member
board. Each of the incorporating political subdivisions shall
appoint three representatives to serve as members of the Board.
The governing body of each incorporating political subdivision shall also
appoint one alternate member to the board. Each alternate shall regularly attend
meetings of the Authority, but shall be entitled to vote only in the absence of the
designated member.
The names and addresses of the first members and the names of the
appointing political subdivisions and the year of expiration of the terms of the.
firstmembers are as follows:
.. Address
• ~ Political Expiration
Name and Address Subdivision of Term
Robert C. Claud,. Sr. Isle of Wight County 2002
P.O. Box 80
Isle of Wight, VA 23397
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W. Douglas Casket' Isle of Wight County .2002
P.O. Box 80
Isle of Wight, VA 23397
H. Woodrow Crook, Jr., Esq.. Isle of Wight County 2002
229 Main Street
Smithfield,. VA 23430
Thomas G. Underwood City ofSuffolk 2002
City of Suffolk
P.O. Box 1858
Suffolk, VA 23439-1858.
Myles E. Standish City of Suffolk 2002
City of Suffolk
P.O. Box 1858.
Suffolk, VA 23439-1858
C. Edward Roettger, Jr., Esq. City of Suffolk 2002
City of Suffolk
P.O. Box 1858
Suffolk, VA 23439-1858
The terms of the first members named herein shall begin on the date the
certificate of incorporation is issued by the State Corporation Commission and
shall expire on June 30 in the year set forth above.
The successor of each member and alternate shall be appointed for a term
of four years.. A member and an alternate shall hold office until his successor has
been appointed and qualified, and any member and alternate shall be eligible for
reappointment without limitation as to the number of terms. The initial member
and alternate or any successor may be removed with or without cause by the
appointing governing body prior to the end of his term.
A vacancy shall be created if any member or alternate who is a full-time
employee of a participating political subdivision ceases such employment. Any
person appointed to fill a vacancy shall serve for the unexpired term.
Each member, unless he is a full-time employee of the appointing political
subdivision, shall annually receive in compensation from the. Authority an
amount as may be determined from time to time by concurrent. resolutions of the
governing bodies members of the Authority. Each member and alternate shall
be reimbursed for any reasonable .actual expenses necessarily incurred in the
performance of his duties.
(4) The Authority is formed for the purpose of acquiring, financing,
constructing, leasing, operating and maintaining facilities for the production,...
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impoundment, treatment and transmission of potable water. Those facilities may
include, but not be limited to, sources of water supply, water intakes, reservoirs,
filtration and purification plants, pumping stations, transmission lines, storage
facilities and all other facilities deemed appropriate for fulfilling the purpose of
the Authority together with all appurtenant equipment and appliances necessary
or suitable therefor and all properties, rights, easements or franchises relating
thereto and deemed. necessary, convenient or appropriate by the Authority for its
operation.
The Authority shall have all of the rights, powers and duties applicable to
water authorities as set forth in Chapter 51 of Title 15.2 of the Code of Virginia
and any acts amendatory.
(5) The Authority shall cause an annual audit of its funds and its
financial books and records to be made by an independent certified public
accountant at the end of each fiscal year and a certified copy thereof shall be :filed
promptly with the governing body of each of the member political subdivisions
The Board of Supervisors ofTsle of Wight County, Virginia finds that it is
impracticable to include preliminary estimates of capital. costs and initial rates of
service for authority projects in the Articles of Incorporation.
The motion was adopted unanimously (5-0).
Chairman Claud called for a public hearing on the following:
Community Development Block Grant (CDBG)
Chairman Claud called for persons to speak in favor or in opposition to the
proposed CDBG.
Kenneth W. Poore of K. W. Poore and Associates, noted the public hearing
this evening is the prelude to two (2) public hearings required under the CDBG
program. Mr. Poore stated the funding program being sought is a competitive
program administered by the State that will receive between sixty (60) and ninety
(90) applications. The following govern whether the State will entertain one
project over another; 1) the degree of benefit the County can provide to low and
moderate income individuals, (2) the amount of leverage money that can be
coupled with the State's funds to address the problems and, (3) the degree of
interest in participation by stakeholders that have an interest in a targeted area.
The role of K. W. Poore and Associates is to facilitate a revitalization plan and
prepare the application for the Board's consideration for $1.25 million for
submission by March 27, 1998 to the Virginia Department of Housing and
Community Development. The stakeholders in this area consist of the
Camptown Coalition, property owners and residents of the area, the Virginia
Department of Housing and Community Development's representatives, Union
Camp Corporation, Franlain Equipment, other consultants, rehab specialists and
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County staff. Extensive analyses have been performed in the area with
environmental assessments, including a needs assessment with the Coalition,
building evaluations performed to .identify housing rehab needs and the
associated costs, identification of blight structures to be cleared from the
neighborhood, as well as new affordable housing opportunities for low income
residents in the neighborhood. The .engineers have .conducted an engineering
report addressing water and sewer issues, streets, street lighting, sidewalks, and
storm drainage. Other funding commitments have been examined that. could be
leveraged and commitments have been received from landlords in .improving
their properties. Pre-applications for housing rehabilitation have been obtained
for specific units within the neighborhood.. Mr. Poore concluded his presentation
requesting the Board adopt the resolution contained in the agenda which outlines
the financial commitments-the County would be requested to consider in addition
to other identified funding sources.
Tom Carlson of K. W. Poore and Associates distributed asign-up sheet to
the public. Mr. Carlson noted there are approximately 140 residential units in the ;,.
neighborhood with approximately half being. forty (40) years old or more which
predate building .codes... These units are on pier foundations and have obsolete
mechanical systems, wiring and plumbing and are poorly insulated.. A number
are situated on very low lots. Approximately eighty {80) units or 50% in the
neighborhood are considered substandard. In addition to the eighty {80) units
that are considered substandard,. an additional forty-seven (47) have minor
deficiencies. Many residents did express an interest in a housing rehab program
as part of the overall project. A door-to-door survey conducted by the Camptown
Coalition determined there are approximately 300 persons living in the
neighborhood, of which 84% are low to moderate income, 40% retired and living
on fixed incomes, and 53% female headed households with approximately.70
children living in the neighborhood. Two-thirds (2/3) of the .low income
households are extremely low income and because of their limited means these
individuals are unable to pay for the extensive repairs needed to their homes to
make ahem viable housing units: About 80% percent of the neighborhood are
owner occupied, 20% rental and the vacancy rate a modest 16%. Fresh paint,
new roofs and other renovation activities by residents are being undertaken by
residents who can afford to make improvements. When questioned if residents
would be interested in a housing rehab program, 33 income eligible households
indicated their interest. A housing specialist inspected these 33 units and
developed cost estimates to bring them up to standard condition. A maximum
of $25,000 per unit can be expended to make needed repairs. Four (4) of the
units inspected .were judged to be beyond feasible repair and are targeted :for
substantial reconstruction. Among the 29 other. homes found suitable for rehab,
the average cost of rehab is estimated to be approximately $18,650 per unit.
Four units were found not to be connected to public sewer and were relying on
aging septic tanks. Anyone that benefits directly from. a housing rehab loan will
be required, if found to be capable, to clean up their property. Four (4) houses
have been identified for substantial reconstruction, six (6) properties identified
for clearance and removal, replacement all pavement on all major streets will be
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required, 7,000 linear feet of water line will be replaced on all streets except
Council Road, cleaning and inspection of sewer lines, 3,6001inear feet of new
drainage piping, 1,500 linear feet of regraded ditches and four new street lights
on Lincoln and Carver Roads. The funding agency's expectation is that all
physical problems will. be fully resolved and the State does favor projects that
include a significant share of matching funds from the applicant locality and
other-local and private sector sources. The 33 units targeted for housing rehab
will be paid by both CDBG and HOME funds, a small amount of money has
been budgeted for home ownership assistance which will lend to the stability of
the neighborhood. Mr. Carlson stated he has spoken to anon-profit developer
in Newport News regarding building four (4) additional affordable housing units
in the neighborhood and there are ten (10) dilapidated structures targeted for
clearance. This project will take place over 30 months and a sufficient amount
of money should be allocated to handle the grant related record keeping and
reporting requirements under the CDBG program. .Staff will further need to
devote approximately 20% of their time to this project during active periods of
the project. Local VDOT sources will be used for approximately 70% of street
improvements and Union Camp has committed to underwrite the cost. of the
sidewalk needed on Carver Road. The bulk of these. street improvements is in
revenue sharing money and maintenancemoney. The grant is paying for 100%
of the drainage and water improvement costs. The County is .expected to pay for
engineering and resident inspections for this project. The total project cost is over
$2 million with $1.25 million. coming from the Block Grant and the rest from a
variety of sources. Mr. Carlson .distributed an amendment to the resolution
contained in the agenda which relates to a waiver of water and sewer connection
fees and .noted the CDBG, program requires that low to moderate households can
not be charged connection fees. Mr. Carlson noted there are 12 units that will
need to be connected as part of the overall project.
Otelia Rainey, resident of Camptown and member of the Camptown
Coalition spoke in favor of the community project and noted drainage concerns
should be addressed as a priority.
Rudolph Lawrence "of Walters Highway and a property owner in the
Camptown community, spoke in favor of the community project and noted the
County has a great opportunity to help needy residents in the community.
Odessa Boone, Camptown Community resident, spoke in favor of the
community project referencing severe drainage problems at her home.
In response to Supervisor Bradby's inquiry, Mr. Poore advised his firm has
in the past succeeded in getting. approximately 97% of these typed of projects
funded, although there have been occasions where the project was resubmitted
in subsequent years.
Supervisor Bradshaw moved the Board approve the following amended
resolution authorizing preparation and filing of an application for Community
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Improvement Grant (CIG) funding through ,the .Virginia Community
Development Block Grant (CDBG) Program:
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RESOLUTION AUTHORIZING THE PREPARATION AND FILING OF
AN Al'PLIC~ITION FOR COMMUNITY IMPROVEMENT
GRANT FUNDS THROUGH THE
VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS; financial assistance is available to units of local government
through the Commonwealth of Virginia Community Development Block Grant
(CDBG) Program; and,
WHEREAS, in order to avail itself of such assistance, it is necessary to file
with the Virginia Department of Housing and Community Development (DHCD)
an application for a Community Improvement Grant (CIG); and,
WHEREAS, Isle of Wight County is eligible and wishes to apply for a total
of $1,250,000 in CDBG funds to be used for implementation of a neighborhood
revitalization project in the Jamestown-Camptown area; and,
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WHEREAS, the County in cooperation with Camptown Coalition and area
residents, has conducted neighborhood surveys and meetings and completed a
Needs Assessment identifying all major needs and concerns of the neighborhood,
including substandard housing, lack of quality, affordable housing, health and
safety problems with abandoned buildings and other blight, major drainage
problems, streedcirculation deficiencies, and inadequate water and sewer service;
and,
WHEREAS, a Comprehensive Community Development (CCD)
Improvement Project has been developed by the. neighborhood and the County
including a .Preliminary Engineering. Report (PER) for the required.. public
improvements and a Housing Rehabilitation Program Design; and,
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WHEREAS, said project will benefit an estimated 310 residents of
Jamestown-Camptown neighborhood of which an estimated 260 (84%) are low
and moderate income (LMI); and said benefits. would result from implementation
of the housing .rehabilitation program (85 LMI residents - 100% benefit),
homeownership assistance/housing production activities (20 projected persons -
100% benefit), interim assistance/blight clearance of l0 dilapidated structures
(260 LMI persons; 84% benefit), street. widening/resurfacing and lighting,
correction of severe storm drainage problems and provision of improved water
and sewer service for all neighborhood residents (260 LMI. persons; 84%
benefit); and,
WHEREAS, the County participating under the Western Tidewater
Consortium intends to .target $255,000 in HOME. funds towards housing
activities in the CDBG project area, including $95,000 (FY96-97) for
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construction of four (4) new dwelling units to be sold to eligible LMI buyers, and
$160,000 (FY98-00) for rehabilitation of eight (8) substandard dwelling units;
and,
WHEREAS, the County has requested $85,000 in FY99-000 Virginia
Indoor Plumbing/Rehabilitation (VIP/R) Program funds from DHCD to provide
indoor plumbing and related rehabilitation improvements for four (4) dwelling .
'" units' in the CDBG project area; and, .
WHEREAS, the County .hereby waives water/sewer connection fees
totaling $32,000 for low-to-moderate income households in the project area; and,
WHEREAS, the County has committed $200,000 in capital funds for sewer
system improvements in the Jamestown-Camptown neighborhood; and,
WHEREAS, Union Camp Corporation in partnership with the
neighborhood and County intends to contribute the following: $35,000 for
Carver Road sidewalk/crossing improvement, and $8,000 in donated lots for
affordable housing development; and,
WHEREAS, said public and private improvements will resolve 100 percent
of all physical problems within the neighborhood; and,
WHEREAS; Isle of Wight County properly advertised and conducted
public hearings on February 19, 1998 and March 19, 1.998 which addressed the
CDBG. program .and the proposed CIG application, thereby meeting citizen
participation requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE ISLE OF WIGHT COUNTY, VIRGINIA, that Isle of
Wight County hereby wishes to apply fora 1998 Community Improvement Grant
in the amount of $1,250,000. for the Jamestown-Camptown neighborhood for the
purpose of undertaking housingrehabilitation and related activities ($513,000),
blight clearance ($32,000), street and drainage improvements ($384,000), water
system improvements ($246,000) and program administration ($75,000); and,
BE IT .FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors hereby makes. the .following funding commitments in Fiscal Years
1998-2000 for improvements in the proposed CDBG project area, provided the
County receives the Community Improvement Grant:. $15,000 for Roosevelt
Avenue sewer extension, $175,000 for project engineering/inspection services,
$10,000 for drainage/sidewalk easements, $224,850 in CountyNDOT Revenue
Sharing Funds for street widening/shoulder improvements, and $32,150 in
CountyNDOT Maintenance Funds for street resurfacing; and,
THEREFORE BE IT RESOLVED, that the Isle of Wight County Board of
Supervisors hereby authorizes the County Administrator to execute and file all
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appropriate documents for the County's 1998 Community Improvement Grant
application totalling $1,250,000 in grant funds far a total project cost of
$2,290,000 and to provide such additional information as may be required by
DHCD.
The amendment notes a waiver of the water and sewer connection fees.
The motion was adopted unanimously (5-0).
//
Supervisor' Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
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Chairman Claud called for the County Attorney°s report.
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County Attorney Crook stated. because of concerns noted by staff at the.
Board's previous meeting, the Board requested that he contact the Blue Ridge
Appraisal. Company concerning the lack of progress on the assessment activity.
County Attorney Crook stated Blue Ridge Appraisal Company officials have. met
with him and assured him that the reassessment will be finished on time and in
accordance with the contract. He stated .further, that, at his request. Mr.
Didawick, of the appraisal firm, is here tonight to respond to questions of the
Board and to provide an update of the progress of the reassessment.
Mike Didawick, Manager with Blue Ridge Appraisal Company, provided
the Board with a progress report on the County's general reassessment. Mr.
Didawick assured the Board the job will be finished in a timely manner with the
hearings and the books signed, as required, by the end of June as he is assigning
additional personnel in order to accomplish the task. Mr. Didawick stated he
does not expect any extension of time to be necessary.
County Attorney. Crook noted he has the contract with Qualicon in the
amount of $788,930 for sewer improvements for the Southern Development
Service District which he has reviewed. and recommends to the Board for
approval and authorization for the Chairman to sign on behalf of the Baard.
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Supervisor Bradshaw moved the Board approve. the Qualicon contract and
authorize the Chairman to sign it on behalf of .the County. The motion .was
adopted unanimously (5-0).
County Attorney Crook presented for the Board's consideration the contract
for acquisition of the water distribution system from the City of Franklin which
includes the sale of the water systems in the County owned by the. City to the
County for $50,000 and a bulk rate which the County has negotiated. with the
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City of Franklin which. he has reviewed and recommends to the Board for
approval and for authorization for the Chairman to sign on behalf of the Board.
Supervisor Bradshaw moved the Board approve the contract with the City
of Franklin and authorize the Chairman to sign it on behalf of the County. The.
motion was adopted unanimously (5-0).
County Attorney Crook stated. he has reviewed the LaBlanc invoice for the
evaluation of the. radio tower. which the Board approved last April. County
Attorney Crook stated the Board has also approved the increase in the amount of
the invoice and he recommends the Board approve,payment of the invoice, as
well as accepting the report.
Supervisor Cofer moved the Board. authorize staff to pay the LaBlanc
invoice for evaluation of the radio tower from the Contingency Account. The
motion was adopted (4-0) with Chairman Claud and Supervisors Cofer, Bradby
and Bradshaw voting in favor of the motion and Supervisor Spady voting against
the motion. Supervisor Spady cited that fourteen (14) months is too long to wait
for a report.
County Attorney Crook provided the Board. with a brief history of the
public acre parking involved at Burwell's Bay which, in the 1960's, was conveyed
to the Burwell's Bay Improvement Association at which time the County lost
control of the land. The County became involved in 1970 because there were
several businesses that did not have parking except on the acre of land. At that
time, some type of agreement was formed that the Association would allow the
businesses to use it for parking which he has not seen and would like the
opportunity to review. At this time, there is an ongoing problem with parking
and the County has been approached because the area has, in the past, been
referred to as the "County acre" or "public acre", although the County has no
control over this area whatsoever as it ceased to be County property back in
1960.
//
Chairman Claud requested an executive session under Section 2.1-344 A 1
of the Freedom of Information Act .concerning a personnel matter and under
Section 2.1-344 A7 for advice of counsel concerning potential litigation that
require advice of counsel.
County Administrator Casket' 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 for advice of counsel concerning legal matters that
require advice of counsel.
Supervisor Cofer moved the Board. enter executive session for the reasons
stated. The motion was adopted unanimously (5-0),
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Upon returning to open session, Supervisor Cofer moved the Board adopt
the following resolution:
CERTIFICATION OF XEC TIVE M TIN
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;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors.
hereby certifies that, to the .best of each member°s knowledge, O only public
business matters lawfully exempted from open meeting requirements by Virginia
law were discussed in the executive meeting to which this certification resolution
applies, and (ii).only such public business matters as were. identified in the
motion convening the executive meeting were heard, discussed or :considered by
the Board of Supervisors.
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AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted unanimously (5-0).
//
County Attorney Crook recommended the Board authorize him to prepare
bylaws for the Board's consideration for the Recreational Advisory Committee
which may necessitate some changes in the resolution creating that Committee
and that the Board further consider the matter at its next meeting.
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Supervisor Bradshaw moved the Board accept the County Attorney's
recommendation that he prepare bylaws for the Board's consideration for the
Recreational Advisory Committee which may necessitate some changes in the
resolution creating that Committee and that the Board further consider the matter
at its next meeting. The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board authorize the Director of Public
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Utilities in conjunction with the County Attorney to draft a letter to the
landowner in discussion about the availability of public water. The motion was
adopted unanimously (5-0}.
//
Supervisor Cofer moved the Board continue its meeting until 1:00 p.m. on
March 30, 1998 at the Carrollton Elementary School Conference Room for the
purpose of a joint work session with the School Board. The motion was adopted
unanimously (5-0).
Robert C. Claud, Sr., Chairman
W. Doug s askey, Cler