04-15-1999 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTEENTH DAY OF APRII, IN THE YEAR
NINETEEN HUNDRED NINETY NINE
PRESENT: O. A. Spady, Chairman
Malcolm T. Cofer, Vice-Chairman
Henry H. Bradby
Phillip A. Bradshaw
Robert C. Claud, Sr.
Alsa Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of
Human Resources
Carey H. Mills, Recording Secretary.
Chairman Spady called the meeting to order at 6:00 p.m. and
delivered the invocation.
The Pledge of Allegiance was conducted.
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Chairman Spady called for Special Presentations.
Chairman Spady recognized Reverend Wendell Waller, Pastor,
Christian Home Baptist Church.
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
CHRISTIAN HOME BAPTIST CHURCH
WHEREAS, Christian Home Baptist Church was founded in Isle of
Wight County in 1884; and,
WHEREAS, under the leadership of seven Pastors, the Church .has
grown spiritually and physically since its founding; and,
WHEREAS, the Christian Home Baptist Church has completed the
construction of a new sanctuary; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
deems this achievement to be important to the history of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors recognizes and congratulates Pastor Wendell M.
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Waller and the Christian Home Baptist Church family for the construction of
its new sanctuary.
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
Chairman Spady read a resolution recognizing Nita Booth, Miss
Virginia 1998.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE AND WELCOME
NITA BOOTH, MISS VIRGINIA 1998
WHEREAS, Miss Nita Booth is the first African American to serve as
Miss Virginia; and,
WHEREAS, Miss Nita Booth is the .keynote speaker for the Women's
Day celebration at Campbell's Chapel AME Church; .and,
WHEREAS, this occasion is a milestone in the .history of the
Campbell's Chapel AME Church; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight is
vitally aware of the importance of women and the Church in the County's
development as a caring community.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia welcomes
Miss Nita Booth, Miss Virginia 1998, to the County.
BE IT FURTHER .RESOLVED that the Board of Supervisors
congratulates the Campbell's Chapel AME Church on its annual celebration
of women in the church.
The motion was adopted as follows: Cofer, Bradby; Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
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Chairman Spady indicated the following Consent Agenda included
Items 1, A through C, and asked if there were any items for removal:
Delinquent Real Estate Tax Collection Monthly Report
March 18, 1999 Regular Meeting Minutes
March 26, 1999 Budget Work Session Minutes
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MacFarland Neblett, VDOT Resident Engineer, briefed the Board on
the status of current projects. He informed the Board that construction has:
begun on Raynor Road. He informed Supervisor Bradby that the VDOT
Superintendent has advised him that work will begin soon at the intersection
of Mill Swamp Road and Route 10 Burwells Bay Road. He .informed
Supervisor Bradshaw that he needed to obtain two (2) additional property
owners on Pruden Road. He informed Chairman Spady that work should
begin shortly to correct the potholes on the road to Jones Creek Landing. He
informed- Supervisor Bradshaw that a traffic count orr Colossee Road reveals
300 vehicles per day.
Supervisor Bradshaw moved the Board adopt all items of the Consent
Agenda. The motion was adopted unanimously (5-0).
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Chairman Spady called for Transportation Matters.
Jonathan W. Hartley, .Director of Planning and Zoning, invited
interested Board members to attend the next quarterly meeting with the
VDOT District Administrator, scheduled for April 26, 1999 at 2:00 p.m.
Supervisor Bradshaw reminded Mr. Neblett that the main culvert is
sinking on Colossee Road and he requested appropriate action be taken to
correct it.
Supervisor Cofer requested the depressions in .the pavement be
.repaired in the road at the stoplight at Main and Church Streets in
Smithfield.
Supervisor Bradshaw inquired about the status of Fire Tower Road.
Mr. Neblett advised he would be contacting VDOT's Traffic Engineer who
is in the process of gathering information. Mr. Neblett also offered to contact
Mrs. March.
Supervisor Claud requested additional workers be placed on the
project located on Shiloh Drive.
Supervisor Bradshaw requested Mr. Neblett provide the Board with an
update on the meeting regarding Route 260 with Mr. Cleveland.
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Chairman Spady inquired the status of Laurelwood Drive.:. Mr. Neblett
advised the project would be going to bid shortly.
Robert Ellis requested. than Burwells Bay Road (Moonlight) be
resurfaced and attention be given to the washed out bank.
Supervisor Cofer moved the Board adopt the following resolution:
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RESOLUTION ADDING STREETS IN ECHO LAKE SUBDMSION
INTO THE- STATE SECONDARY ROAD SYSTEM
WHEREAS, the street described on the attached Additions Form SR
5(A), fully incorporated herein by reference, as shown on plats recorded in
the Clerk's office of the Circuit Court of Isle of Wight County, and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has advised the Board that the street meet the requirements
established in accordance with secondary road policies and the Subdivision
Street Requirements of the Virginia Department of Transportation and the
Isle of Wight County Subdivision Ordinance relating to the acceptance of
streets into the State's Secondary Road System.
NOW, .THEREFORE BE IT RESOLVED, this Board requests the
Virginia Department of Transportation to add the street described on the
attached Additions Form SR-5(A) to the secondary system of state
highways, pursuant to Sec. 33.1-229, Code of Virginia, and the
Bepartment's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of--way, as described, and any necessary easements for
cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that the Isle of Wight Board of
Supervisors guarantees the workmanship of the said road from any
deficiencies for a period of one (1) year from the date the Highway Board
approves same, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution
be forwarded to the Resident Engineer for the Department of Transportation.
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
Mr. Hartley distributed correspondence from the Secretary of
Transportation, Shirley J. Ybarra, dated April 8, 1999 referencing receipt of
the resolution regarding maintenance of drainage easements outside the
public right-of--way.
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Chairman Spady called for Citizens. Comments.
Robert Edwards, Burwells Bay Road, requested appropriate action be
taken to have the portable bathroom pumped out and the surrounding area
freed of debris. He advised that the area now has large amounts of trash and
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high grass ,and weeds and is unsightly. Mr. Edwards noted that repairs .are
needed to the washed out bank and he requested that a permanent dumpster
be placed at this location.
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County Administrator Caskey noted that the Director of Public Works
was directed previously to have the portable bathroom pumped out and he
would investigate to see if such action has been taken in this regard.
Otellia Rainey and Rudolph Lawrence, residents of the Camptown
area, spoke in favor of completion. of the trash site adjacent to the Camptown
community and presented letters of support from Union Camp and Franklin
Equipment.
Grace Keen, representing the Isle of Wight Citizens Association,
requested that all citizens be informed, -via public hearing, of any permit
application .concerning sludge that is coming into the County by the
Department of Environmental Quality. Mrs. Keen requested -the Board
appoint a committee to address the concerns of residents regarding the pros
and cons of such an operation.
Michael Uzzell requested permission to remove metal from County
dumpsters. County Attorney Crook advised Mr. Uzzell that he would like to
include the Director of Public Works in their meeting and that he would be
contacting Mr. Uzzell on Monday to set up such a meeting,
Dan Roberts of Virginia Beach advised .the Board that the historic
highway marker for the "Seven Roberts Brothers" was laid on Monday and
he thanked the Board for its support during this process.
Patty Fleming requested the Board not fund the School Board's
proposed Capital Improvements Plan and that the Board of Supervisors
withhold funds until the School Board has decided on a final plan.
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Robin Land of Longview Acres announced her support of building a
new northern elementary. school.
Susan Baker of Windsor requested that the Board review the funding
allocations for the school system. She noted there is a definite need for
schools in both ends of the County.
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Chairman Spady called .for the Community Development report..
Mr. Hartley presented a resolution for the Board's consideration which
would commit the County to funds in the amount of $132,000 to serve sewer.
to the area south ®f the Town of Windsor.
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Supervisor Claud .moved the Board adopt the following resolution to
proceed with the grant. Funding. is to be built into the' CIP over a two (2)
year period:
RESOLUTION IN SUPPORT OF PREPARATION AND FILING OF
AN APPLICATION FORA 1999 COh~]'~VIUNITY IlVIPROVEME~NT
GRANT THROUGH THE VIRGINIA COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, financial assistance is available to local governments
through the Commonwealth of Virginia's Community Development Block
Grant (CDBG) Program; and
WHEREAS, in order: to receive such financial assistance, it is
necessary to file an application for a Community Improvement Grant (CIG)
with the Virginia Department of Housing and Community Development
(VDHCD); and
WHEREAS, the Town of Windsor 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 Railway South/Route 258 area;
and
WHEREAS, the Town in cooperation with .neighborhood residents
and leaders, have conducted neighborhood surveys and meetings and
completed a Needs Assessment identifying all major needs and concerns of
the neighborhood, including substandard housing, dwellings without indoor
plumbing, health and safety problems with abandoned structures and other
blight, streetJdrainage deficiencies, and inadequate water and sewer service;
and
WHEREAS, a Comprehensive Community Development (CCD)
Improvement Project has been developed by the neighborhood and. the Town
including a Preliminary Engineering. Report (PER) for the purpose of
undertaking the following activities; housing rehabilitation ($381,000),
blight clearance/relocation assistance ($53,000),. street and storm drainage
improvements ($141,20Q), water and sewer system improvements
($516,800), community partnerships ($30,000), project
engineeringfinspection .services ($56,000) and program administration
($72,000); and
WHEREAS, said project will benefit an estimated 130 residents in the
neighborhood of which an estimated 106 (82%) are low -and moderate-
income (LMI); and
WHEREAS, the Town has expended approximately $170,300 in
capital and engineering funds since July 1997 for water system
improvements serving residents of the CDBG project area; and
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WHEREAS, Isle of Wight County in conjunction with the. Hampton
Roads Sanitation District (HRSD) is undertaking construction of the Town
of Windsor Vacuum Sewer System, which will include an estimated
expenditure of $375,000 (pro-rated) for the CDBG project area; and
WHEREAS, the Town Council of Windsor, Virginia has authorized
the Town Manager to file with VDHCD by or before the April 21, 1999
deadline the Town's Community Improvement Grant application totaling
$1,250,000 in grant funds for a total project-cost of $2,198,000.
NOW THEREFORE BE IT RESOLVED, that the Isle of .Wight
County Board of Supervisors agrees to support the Town of Windsor in their
application. for above said Community Improvement Grant and hereby
makes the following funding and in-kind commitments to the CDBG
project,. provided- the Town receives the Community Improvement Grant;
$89,200 for vacuum sewer system extension; $43,000 for related
engineering/inspection services., $7,500 (in-kind) for waived sewer
connection fees, and in-kind support with interim assistance activities.
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
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Chairman Spady called for the County Administrator's report.
County Administrator Caskey presented a request from the Isle of
Wight County School .Superintendent for funding.
Supervisor Claud inquired what schools are proposed to be
constructed.
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Dr. Jane T. York, Superintendent, noted the motion from the
unapproved minutes of the School Board's last meeting is to construct a new
600 student elementary school, expandable to 750 in the
Hardy/NewportlSmithfield District area in the Fall of 2001 and to move the
new northern elementary school from priority #8 to priority #4 on the
Capital Improvements Plan. The second part of the motion is to construct a
new 800 student middle school that would serve Windsor middle school and.
the overflow of Smithfield Middle School, expandable to 900 capacity to be
located between the Courthouse and Fire Tower Road to be constructed in
2001!2002 and that this be moved from Priority. #4 to Priority #8 on the
Capital Improvements Plan.
Supervisor Claud. inquired if the intention of the School Board is to
plan the construction of the new. schools simultaneously. Supervisor Claud
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asked if the requested .funds were granted, does the School Board have the
authority to move expeditiously on one school, but delay~the other school?
Upon Dr. York acknowledging .that the School Board does have such
authority, Supervisor Claud stated he felt .strongly that it is in the .best
interests of the children and parents of .children in the County that the Board
of Supervisors request. that the School Board revisit the planned location of
the proposed middle school. He noted- based on the land cost for the
Windsor Elementary School, approximately one-half million dollars could. be
saved if County-owned property was used south of Fire Tower Road
(Edwards farm recently purchased by the County). `Supervisor Claud further
stated this same School Board located and sized a Windsor Elementary
School to accommodate some rezoning, but that will now not take place, and
consequently the County has a school that is too large and located in the
wrong place. The Board of Supervisors is now being asked to begin the
funding process for another school, sized and located to accommodate
overflow and if that rezoning. does not take place, then the County will have
a second school oversized and located in the wrong place.
Supervisor Bradby noted he has received numerous phone calls
concerning the overcrowded conditions at ,the Carrollton and Hardy
Elementary Schools and, if there is a need for another school facility to be
built in the County, it should be built where the overcrowded .conditions
now exist.
Supervisor Cofer pointed out the issue before the Board is whether the
planning process, not deciding where, when. or what school will be built.
Supervisor Cofer noted he is in favor of transferring the requested funds.
Supervisor Bradshaw stated he has not been .advised of any change in
School Board plans and he is not certain what the plans of the School Board
are at this time. Supervisor Bradshaw recommended the Board schedule a
joint meeting with the School Board to work through. the Capital
Improvements Plan addressed and discussed at the December joint meeting.
Chairman Spady stated he does not believe that a riew middle school
in Windsor is needed- .and that the overcrowding could be alleviated in a
different manner. Chairman Spady stated if there is an existing building that
can be fixed, he believes this solution should be visited, as it will save the
County money..
Supervisor Claud moved that the School Board be requested to give
further consideration to the middle school location as proposed in their
meeting of March 30, 1999 and that no funds be redirected or allocated for
any new schools until the Board receives a response from the School Board.
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and
Claud voting in favor of the motion (5-0); none voting against...
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Supervisor Bradshaw moved that the County Administrator contact
the Superintendent of Schools to schedule a joint meeting to discuss the
Capital Improvement Plan. The motion was adopted as follows:: Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the. motion (5-0);
none voting against.
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At 7:00 p.m., Supervisor Cofer moved the Board amend the order of
the agenda,in order to conduct the public hearings. The motion was adopted
unanimously (5-0).
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Chairman Spady called for a public hearing on the following:
Fiscal Year July 1, 1999 Through June 30, 2000 Proposed .School
Budget
Chairman Spady asked for persons to speak in favor or in opposition
to the proposed School Budget.
Dr. Jane T. York requested the Board approve the proposed School.
Budget which represents a continued commitment to the standards of living,
addresses the enrollment growth experienced, addresses technology for
instruction and vocational education, expansion of the special education
program and adequate compensation for the school employees. She noted
the Budget represents a 7.2% increase overall over last year, of which there
is an increase in local funds of only 3%.
Robin Land, Longview Acres, requested the Board approve the School
Budget as presented. by Dr. York.
Susan Baker of Windsor encouraged the Board of Supervisors to fund
the School Budget as presented by Dr. York.
Robert Edwards, Moonlight Road, spoke in support of the School
Budget as presented by Dr. York noting there is a shortage of teachers in the
County.
Chairman Spady closed the public hearing and called for comments
from the Board
County Attorney Crook advised the Board must wait seven (7) days
before acting on the School Budget.
Supervisor Cofer moved the Board direct staff to add the proposed
School Budget as Item # 1 for the Board's consideration at its continued
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meeting on April 22, 1999 at 6:30 p.m. The motion was adopted as follows:
Cofer, Bradby, Spady, Bradshaw and Claud voting infavor of the motion (5-
0); none voting against.
Chairman Spady called for a public hearing on the following:
An Ordinance to Amend an Ordinance to Provide for Precincts to
Establish a New Polling Place for Smithfield Precinct
Chairman Spady .called for persons to speak in favor or in opposition to
the proposed .Ordinance.
County Attorney Crook stated the Electoral Board is requesting that the
Board of Supervisors move the precinct from the municipal building to the
YMCA at the old Smithfield. High School. County Attorney Crook noted the
U.S. Attorney General has no objection to the relocation.
Chairman Spady closed the .public hearing and called for comments
from the Board.
Supervisor Cofer moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE TO
PROVIDE FOR PRECINCTS TO ESTABLISH A
NEW POLLING PLACE FOR SMITHFIELD PRECINCT
WHEREAS, on April 25, 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 precincts, 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 the Smithfield .Precinct be moved from. the Town of Smithfield
Municipal Building located on Institute Street in the Town of Smithfield,
Virginia, to the Young Men's Christian Association gymnasium (YMCA) in
the oid Smithfield .High School on James Street in Smithfield, 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
County of Isle of Wight that the polling place for the Smithfield Precinct be
moved from the Municipal Building in the Town of Smithfield to the
YMCA gymnasium in the old Smithfield High School on James Street,
Smithfield, Virginia.
THEREFORE, BE IT AND IT IS HEREBY ORDAINED that the
Board of Supervisors of Isle of Wight County, Virginia, that an Ordinance to
provide for precincts and polling places adopted by the Board of Supervisors
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on Apri125, 1991, embodied in Chapter 5 of Article III of the Isle of Wight
County Cbde, be and the same is hereby amended by adding the Polling.
Place for the Smithfield Precinct as the Young Men's Christian Association
gymnasium (YMCA) located in the. old Smithfield High School on James
Street in the Town of Smithfield, Virginia.
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting. against.
Chairman Spady called for a public. hearing on the following:
The application of Norfolk-Virginia Beach-Portsmouth MSA Limited
Partnership and Sprint PCS for a Conditional Use Permit to utilize. an
existing cellular tower for an antenna array and to locate an equipment
cabinet area at the base of the tower. The property is located on the
north side of Windsor Boulevard (Route 460) at 6279 Windsor
Boulevard, Zuni, in Hardy Magisterial District.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
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Theodore (Ted) Kruger, Zoning Administrator for Sprint PCS,
requested the Board approve the request to utilize an existing cellular tower
for an antenna array.
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw moved the Board approve the application of
Norfolk-Virginia Beach-Portsmouth MSA Limited Partnership and Sprint
PCS. The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
Chairman Spady called for a public hearing on-the following:
The application of Gail G. Allen and Moody H. Gardner, Jr. for a
Conditional Use Permit to locate a mobile home to be occupied by a
caretaker for the property and for security purposes at 5104 Gardner
Lane, Carrsville, in Windsor Magisterial District.
Chairman Spady called for persons to speak in favor of or in
opposition to the application.
Gail G. Allen, applicant, requested the Board approve the application.
Chairman Spady closed the public hearing and called for. comments
from-the Board.
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Supervisor Bradshaw moved the Board approve the application of Gail
G. Allen and Moody H. Gardner, Jr. with the conditions recommended by
the Planning Commission. The motion was adopted as follows: Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0);
none voting against.
Chairman. Spady called -for a public hearing on the following:
The application of James P. & Sallie B. Wells for a change in zoning
classification from Rural Agricultural Conservation to Conditional
Rural Residential approximately 6 acres .of land and from Rural
Agricultural Conservation to Conditional Rural Agricultural
Conservation approximately 206 acres of land. Said ,property is
-located on the west side of Dews Plantation Road (Route 683)
between Raynor Road (Route 681) and Green Level Road (Route 623)
in Hardy Magisterial District. The .purpose of the application is to
create three (3) single family residential lots as conditioned.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
William K. Barlow, representing lames P. and Sallie B. Wells, stated
Mr. Wells is in significant debt and nearing retirement age. Attorney
Barlow stated Mr. Wells wishes to sell three (3) lots to help him in his
financial situation. Attorney Barlow presented a petition of surrounding
property owners in favor of the application. He stated Mr. Wells. was
informed that a petition of opposition is under circulation when he arrived at
the Planning Commission meeting and he has since revised his site plan
because of the nephew's objection to the proposed -road. Attorney Barlow
stated the proposed lots will not create any traffic pattern and will not tax the
school system.
County Attorney Crook advised the Board that prior to the public.
hearing, the Board received a written proffer of $2,000 per lot.
Supervisor Bradshaw noted the applicant has made no effort to
reconcile with the citizens in opposition to the application.
Sally Crocker, Modest Neck Road, speaking on behalf of her sister,
Margaret Darden, her brother, John Crocker, and herself, noted none of them
object to the rezoning request.
Ashley Wells, brother, :spoke in opposition stating selling these lots is
not going to get his brother out of debt.
Lisa Sexton, married to Don Sexton, the applicant's nephew, stated
she is opposed to the addition of the lots because of the additional traffic on
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the dirt .road, the potential for added strain on her shallow well, and needed
improvements to the dirt road.
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Joe Ferguson, Dews Plantation Road, noted there. has been seven (7)
parcels sold off the farm to date which will make a total of terr (10) lots
should the Board approve this application. Mr. Ferguson distributed. a copy
of an aerial photograph of an Isle of Wight. County Soil Survey illustrating
the bends in the road which have very high banks around the curves. Mr.
Ferguson also noted the land contains a single lane bridge. Mr. Ferguson
noted a concern with shallow wells and requested the Board specify deep
wells if approving the application. Mr. Ferguson pointed out that Don
Sexton has offered to buy the land, but his proposal was turned. down. Mr.
Ferguson noted the people who appeared in favor of the application are
landowners across the swamp.
V. L. Everett stated his opposition to the cluster type development
proposed with the two (2) back lots.
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Claud asked about the the existing drainfield easement
which appears to be incorporated into. a proposed lot
Mr. Hartley, stated drainfields are now required by ordinance to be
located. on the same parcel as the house, however, the easement in question
predates the ordinance.
Supervisor Bradshaw inquired what impact the shallow well would
have on the community.
Mr. Hartley noted the Health Department did not specify the well and
septic requirements between wells. Mr. Hartley stated the Health
Department does not normally approve the septic system if it will endanger
an adjoining. well.
Supervisor Bradshaw noted his concern that the applicant has made no
attempt to reconcile the differences with those in opposition and he would,
therefore, not vote in favor of the application.
Chairman Spady stated sending the matter back to the Planning
Commission would only waste the applicant's, the attorney's and the
opposition's time.
Supervisor Cofer noted there have been two (2) changes, none of
which are material enough to merit returning to the Planning Commission.
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Supervisor Bradby moved the Board deny the application of James P.
and Sallie B. Wells, as recommended by the Planning: Commission. The
motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud
voting in favor of the motion (S-0); none voting against.
Chairman Spady called for a public hearing on the following:.
The application of John Wayne Johnson for a change in zoning
classification from Rural Agricultural Conservation to Conditional
Suburban Estate, approximately 6 acres of land located on .the east
side of Jenkins Mill Road, between Carrsville.Highway (Route 58) and
the CSX Railroad, in Windsor Magisterial District. The purpose of the
application is for one single-family residential lot as conditioned.
Chairman Spady called for persons to speak in favor of or in
opposition to the. proposed the application.
John Wayne Johnson, applicant, requested the Board approve the
application to allow him to build a home for. his family.
Chairman Spady closed the public .hearing and called for comments
from the Board.
Supervisor Bradshaw moved the Board .approve the application of
John Wayne Johnson, as recommended by the Planning Commission. The
motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud
voting in favor of the motion (5-0); none voting against.
Chairman Spady called for a public hearing on the following:
The application of Edward Felton, Jr. for a change in zoning
classification .from .Rural Agricultural Conservation to Rural
Residential approximately fifteen (15) acres of land located on the east
side of Jenkins .Mill Road (Route 615) south of the Southern- Railway
and north of the City of Suffolk Limits in Windsor Magisterial
District. The purpose of the application is to divide the parcel for
single family residential use.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
Jesse Johnson, Attorney, representing Edward Felton, Jr., requested
the Board follow the recommendation of the Planning Commission and
approve the rezoning.
Chairman Spady closed the public hearing and called for comments
from the Board.
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Supervisor Bradshaw moved the .Board approve the application of
Edward Felton, Jr. The motion was adopted as follows: Cofer, Bradby,
Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting
against.
Chairman Spady called for a public hearing on the following:
The application of Whitley-Hawkins Holdings LLG for a change in
zoning classification from RAC, Rural Agricultural Conservation to
GC, General Commercial, .73 acre of land. located on the west side of
Green Oaks Lane, at the corner of Carrsville Highway (Route 58) and
Green Oaks Lane, in Windsor Magisterial District. The purpose. of the
application is for an office and showroom for a wood flooring
business.
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed application.
Carlson Whitley, applicant, requested the Board approve the
application.
Chairman Spady closed the public hearing and called for comments
from the Board.
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County Attorney Crook clarified the application was originally
submitted for General Commercial, but the Whitleys agreed at the Planning
Commission meeting to make it conditional with the specified uses, but the
application report still indicates it is straight General Commercial and the
motion should be to approve it as Conditional General Commercial.
Supervisor .Bradshaw moved the Board approve the application, as
conditioned, of Whitley-Hawkins Holdings LLC, as Conditional General
Commercial. The motion was adopted as follows: Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0); none voting
against.
Chairman Spady called for a public hearing on the following:
The application of Smithfield Foods, Inc. for a Conditional. Use Permit
to extend an existing airstrip located at .Aberdeen Farm, in Hardy
Magisterial District, by approximately 1,800 feet to the south.
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Chairman Spady called .for persons to speak in favor. of or in
opposition to the proposed application.
William Britt, Project .Engineer, Smithfield Foods, requested the
Board approve the application.
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Chairman Spady closed the public hearing and called for comments
from the Board.
.Supervisor Cofer moved the Board approve: the application of
Smithfield Foods, Inc. The motion was adopted as follows: Cofer, Bradby,
Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting
against.
//
Supervisor Cofer moved the Board take aten-minute recess. The
motion was adopted unanimously (5-0).
//
Returning to the County Administrator's section of the agenda, Anne
F. Seward, Director of Budget and Finance, noted the Board, at its March
18, 1999 meeting, authorized the transition of the SPSA trash services from
SPSA to the County's Department of Public .Works, effective July 1, 1999.
Ms. Seward stated doing so terminated the agreement the County currently
has with SPSA. Ms. Seward stated the agreement stipulates that upon
termination, the County must pay, in full, the aggregate capital cost and she
would recommend the Board pay off the principle balance either now or in
July, 1999.
Supervisor Cofer .moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWO HUNDRED THIRTY ONE
THOUSAND TWO HUNDRED TWENTY EIGHT DOLLARS FROM THE
UNAPPROPRIATED FUND BALANCE OF TIIE GENERAL FUND FOR
THE DEBT SERVICE PAYOFF PURSUANT TO THE SPSA SERVICE
AGREEMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the termination of an agreement with the
Southeastern Public Service Authority (SPSA) for solid waste collection and
disposal services effective June 30, 1999; and,
WHEREAS, the said agreement .requires that the aggregate capital
costs outstanding for the SPSA debt service for the construction of -two (2)
trash sites. within the County shall be payable by the County within thirty
(30) days following the termination or expiration date of the service
agreement; and,
WHEREAS, the funds in the amount of two hundred thirty one
thousand two hundred twenty eight dollars ($231,228) need to be
appropriated for the approved debt .service payoff from the Unappropriated
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Fund Balance of the General Fund to the 1998-99 Operating Budget of the
County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that two
hundred thirty one thousand two hundred twenty eight dollars ($231,228)
from the Unappropriated Fund Balance of the General Fund be appropriated
to the 1998-99 Operating Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
County Administrator Caskey noted staff was authorized to negotiate
the purchase price of a roll-off truck from SPSA. Mr. Caskey noted SPSA
has advised staff that the price of $25,000 offered to the County is firm and
that the truck has a value of $30,000 to $45,000 (retail).
i~
Supervisor Claud moved the Board authorize the purchase of the roll-
off truck at a set price of .$25,000. Funds should be taken .from the
unappropriated fund balance. The motion was adopted as follows: Cofer,
Bradby, Spady, Bradshaw and Claud .voting in favor of the motion (5-0);
none voting against.
Sheriff Charles W. Phelps requested the Board consider matching.
funds for the- Selective Enforcement grant to provide for overtime salaries
for deputies to address excessive speeding in the Town of Windsor and
which will allow him to continue to monitor traffic in other areas of the
County.
Supervisor Bradshaw moved the Board adopt the following resolution
up to the matching amount:
RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT
APPLICATION AND TO ACCEPT AND APPROPRIATE FUNDS
FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES
WHEREAS, Isle of Wight County is eligible to .apply for Highway
Safety Project. Grant funding from the Virginia Department of Motor
Vehicles; and,
WHEREAS, grant funds in the amount of fifteen thousand dollars
($15,000), or as much as shall be received from the Virginia. Department of
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Motor Vehicles needs to be appropriated to the 1999-2000 Operating
Budget of Isle of Wight County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia authorizes
the submission of an application for Highway Safety Project Grant funding
from the Virginia Department of Motor Vehicles.
BE IT FURTHER RESOLVED that grant funds in the amount of
fifteen thousand dollars ($15,000), or as much as shall be received from the
Virginia Department of Motor Vehicles- is to . be appropriated to the
appropriate line item for the Sheriffs Office in the 1999-2000 Operating
Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting
adjustments in .the budget and. to do all things necessary to give this
resolution effect.
The .motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion (5-0); none voting against.
County Administrator Casket' presented an expenditure in the amount
of $586.16 .for stripping a turn lane on New Towne Haven Lane at the
Carrollton Public Library which was required due to the change in design.
Chairman Spady moved the Board appropriate $586.16 to provide the
appropriate stripping for the turn lane to the Carrollton .Library from the
contingency fund. The motion was adopted as follows: Cofer, Bradby,
Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting
against.
County Administrator .Casket' presented the Computer Network
Acceptable Use Policy for the Board's consideration.
Supervisor Claud moved the Board adopt the Computer Network
Acceptable Use Policy. The motion was adopted as follows: Cofer, Bradby,
Spady, Bradshaw and Claud voting in favor of the motion (5-0); none voting
against.
County Administrator Casket' requested the Board's permission to
move forward with the idea of a County employee picnic which would be
held in June of 1999 at Nike Park.. County Administrator Casket' noted
Employee Service Awards would be distributed to employees. at this time.
Supervisor Bradshaw moved the Board authorize a County Employee
Picnic not to exceed funding in the amount of $2,500. The County
Administrator is to formally appoint a committee to formalize plans for the
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event within the approved funding allocation. The motion was adopted as
follows: Cofer, Bradby, .Spady, Bradshaw and Claud voting in favor of the
motion (5-0); none voting against.
County Administrator Caskey presented a request by the Southeastern
Virginia Job Training Administration for use of the office space at the front
entrance to the Human Resources Building. County Administrator Caskey.
noted if the County charges a rate comparable to the amount charged to the
Department of Social Services, which equates to approximately $185
annually, it may cost more to administer than the value received.
Supervisor Bradshaw moved the Board direct. the. County Attorney to
prepare an appropriate lease agreement stipulating no charge. The motion
was adopted as follows: Cofer, Bradby, Spady, Bradshaw and Claud voting
in favor of the motion (5-0); none voting against.
//
Chairman Spady called for Old Business.
There was no old business offered for discussion.
//
Chairman Spady called for New Business.
There was no new business offered for discussion.
//
Chairman Spady called for Appointments.
Supervisor Cofer moved the Board appoint Pam Camper, representing
the Smithfield District, to the Parks and Recreation Advisory Committee.
The motion was .adopted unanimously (5-0).
//
Chairman Spady called for the County Attorney's report.
County Attorney Crook .advised the Town of Windsor held its public
hearing this. week on the Windsor Annexation Agreement and approved it
without change. County Attorney Crook advised he is ready to advertise the
Agreement for the Board's May meeting..
Supervisor Cofer moved the Board authorize the County Attorney to
advertise the Windsor Annexation Agreement for public hearing at the
Board's May 20, 1999 meeting. The motion was adopted as follows: Cofer,
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Bradby, Spady, Bradshaw and Claud voting in favor (5-0); noY~e voting
against..
County Attorney -Crook noted that he would, with the assistance of
Jonathan Hartley, bring a proposed sludge ordinance for the. Board's
consideration at a later date.
Regarding the State Corporation Commission's letter regarding
expansion. of the franchise into Carrollton Meadows Subdivision which the
Board. had noted its objection to, County Attorney Crook advised that the
Commission had ruled in the County's favor and denied the request.
County Attorney Crook advised he has spoken and provided Sprint's
attorney with a proposed agreement for the Sprint tower, County Attorney
Crook noted he would be meeting further with Mr. Kruger of Sprint.
County Attorney Crook noted the water tower property site closing has
not yet taken place and the landowner who is an attorney preparing the deed.
County Attorney Crook. stated the plat received did not have the necessary
certificates for the County's approval and had to be returned. Mr. Crook
stated he hoped to have the matter for the Board's consideration at its next
meeting.
//
County Attorney Crook requested an executive session under Section
2.1-344 AS of the Freedom of Information Act concerning siting of industry.
County Administrator Caskey requested an executive session under
Section 2.1-344 Al of .the Freedom of Information Act concerning a
personnel matter.
Supervisor Bradshaw moved the Board enter executive session for the
reasons stated. The motion was adopted unanimously (5-0).
-Upon returning to open session, .Supervisor Cofer moved the Board
adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an afFirmative recorded vote and in accordance
with the provisions of the Virginia Freedom of Information Act; and,
WI-IEREAS, 2.1-344.1 A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted in
conformity with. Virginia law;
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements. by
Virginia law were discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the executive meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Cofer, Bradby, Spady, Bradshaw and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted as follows: Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor (5-0); none voting a against.
//
II
Supervisor Claud moved the Board continue its meeting until 6:30
p.m. on April 22,,1999 in the Board Room for the purpose of conducting a
work session with the Fire and Rescue Association. The motion- was
adopted unanimously (5-0).
O. A. Spa~~hairm
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