07-07-1988 Regular MeetingBUeK 14 C~.u~150 '
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SEVENTH DAY OF JULY IN THE YEAR NINETEEN HUNDRED EIGHTY
EIGHT
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steve W. Edwards
Richard L. Turner
ABSENT: Thomas L. Ross
Also attending: H. Woodrow Crook, Jr., County Attorney
.Myles E. Standish, County Administrator
W. Douglas Casket', Assistant County
Administrator/Community Development
' Kenneth L. Chandier, Assistant to the County
Administrator
Hilda W. Harmon, Budget and Finance Coordinator
Steven G. Bowman, Lieutenant, Sheriff's
Department
Betty Scott, Assistant Clerk
Chairman Bradby called the meeting to order at 2:02 P.M.
The invocation was delivered by Supervisor Edwards.
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R. W. Coates, Resident Engineer, Virginia Department of
Transportation, asked for the Board's favorable consideration of
the resolution to accept and approve the Isle of Wight County
1988-89 Secondary Roads Construction Budget. Supervisor Turner,
moved the Board amend the agenda to consider the resolution to
accept and approve the Isle of Wight County 1988-89 Secondary
Roads Construction Budget. The vote in favor was unanimous
(4-0).
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to adopt the resolution accepting and approve the Isle of
Wight County 1988-89 Secondary Construction Budget.
A RESOLUTION ACCEPTING-AND APPROVING THE ISLE OF WIGHT
COUNTY 1988-89 SECONDARY ROADS CONSTRUCTION BUDGET
WHEREAS, the Board of Su ervisors for the
County of Isle of Wight, and the Vrginia Department
of Transportation held a public hearing on Thursday,
March 3, 1988, to solicit citizens' comments and re-
commendations concerning the County°s Six Year Plan
and Priority List;
WHEREAS, comments and recon-mendations re-
ceived in the aforementioned hearing do not
warrant changing the County's Priority List for the
1988-89 Secondary Roads Construction Budget;
NOW, THEREFORE, BE IT RESOLVED that the
Board of Supervisors for the County of Isle of Wight
does hereby accept and approve the Secondary Roads
Construction Budget as recommended by the Virginia
Department of Transportation, hereto attached, and
made a part hereof, which contains secondary roads
construction projects as presented to the Board.
Mr. Coates informed the Board members that the revenue
sharing monies have to be applied to a project or projects in the
Six Year Plan and if the Board so desires he would be glad to
work with .County. Administrator Standish and Assistant County
Administrator/Community Development Director Casket' to devise a
method to distribute the money.
Mr. Coates suggested that when the Board considered
revisions to the subdivision ordinance that consideration be made
relative to the situation of open ditches. Mr. Coates
recommended very. strongly the requirement of paved gutters,
stating he feels that it will be in the best interests of
everyone in the long run. Mr. Coates #'urther stated that it has
worked very well in the adjoining;jurisdictions.
On motion of Supervisor Bradshaw, the Board voted
unanimously (4-0) to direct County Administration Standish, R. W.
Coates and Earl Johnson, a Carrsville resident, to work with
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landowners on Route 696 in Carrsville to obtain a right-of-way to
improve road conditions to control dust.
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The Chairman called for a public hearing on the following
ordinances:
1. An Ordinance To Amend The Zoning ordinance Of
Isle of Wight County To Increase The
Application Fees For Conditional Use Permits
No one appeared in favor or in opposition.
Supervisor Edwards moved the Board adopt "An Ordinance To
Amend The Zoning Ordinance Of Isle of Wight County To Increase
The Application Fees For Conditional Use Permits". The motion
passed unanimously (4-0).
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE
OF WIGHT COUNTY TO INCREASE THE APPLICATION FEES
FOR CONDITIONAL USE PERMITS
BE IT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of.Isle of Wight County,
Virginia, that Section 10-3-1 of the Isle of Wight
Zoning Ordinance be amended to read as follows:
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10-3-1. All applications for conditional
use permits shall be accompanied by certified
check in the amount of Two Hundred Fifty Dollars
($250.00) payable to the Treasurer of Isle of
Wight County, Virginia. Where publication is re-
quired pursuant to Section 15.1-431 of the Code of
Virginia for application for conditional use per-
mits by this ordinance, the application fee shall
be Five Hundred Dollars ($500.00).
2. An Ordinance To Amend The Zoning Ordinance Of
Isle of Wight County To Require Fees For
Applications For Special Permits
No one appeared in favor or in opposition.
Supervisor Turner moved the Board adopt- the "Ordinance To
Amend The Zoning Ordinance Of Isle of Wight County To Require
Fees For Applications For Special Permits". The motion passed by
unanimous (4-O) vote of the Board.
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AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE
OF WIGHT COUNTY TO REQUIRE FEES FOR APPLICATIONS
FOR SPECIAL PERMITS
BE IT AND IT HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County,
Virginia, that Section 10-4 of the Zoning
Ordinance of Isle of Wight County be amended by
adding thereto the following:
All applications under this Section
shall be accompanied by a certified check in the
amount of Five Hundred Dollars ($500.00) payable
to the Treasurer of Isle of Wight County, Virginia.
3. An Ordinance To Amend Section 13-1-4 Of The
Zoning Ordinance Of Isle of Wight County To
Place A Time Limit On The Consideration Of
Rezoning, Special and Conditional Use Permit
Applications
No one appeared in favor or in opposition.
Supervisor Edwards moved the Board adopt the "Ordinance To
Amend Section 13-1-4 Of The Zoning Ordinance Of Isle of Wight
County To Place a Time Limit On The Consideration Of Rezoningq,
Special and Conditional Use Permit Applications" The vote in
favor was unanimous (4-O).
AN ORDINANCE TO AMEND SECTION 13-1-4 OF THE ZONING
ORDINANCE OF ISLE OF WIGHT COUNTY TO PLACE A TIME
LIMIT AN THE CONSIDERATION OF REZONING, SPECIAL
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AND.CONDZTIONAL USE PERMIT APPLICATIONS
BE IT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County,
Virginia that the Zoning Ordinance of Isle cf
Wight County, Virginia be amended by adding
thereto the following section:
13-1-4. Petitions by property owners for
change in the zoning classification of property or
for special or conditional flse permits which are
substantially the same as any petition or
application denied by the Board of Supervisors of
Isle of Wight County, Virginia will not be
reconsidered within one year of said denial.
4. An Ordinance To Amend The Zoning Ordinance Of
Isle of Wight County To Increase The Amount of
Zoning Application Fees and To Provide A Time
Limit On Recordation of Boundary Plats
No one appeared in favor or in opposition.
Supervisor Bradshaw moved the Board adopt the "Ordinance To
Amend The Zoning Ordinance Of Isle of Wight County To Increase
The Amount Of Zoning Application Fees and To Provide A Time Limit
On Recordation of Boundary Plats". The motion carried
unanimously (4-0).
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE
OF WIGHT .COUNTY TO INCREASE THE AMOUNT OF ZONING
APPLICATION FEES AND TO PROVIDE A TIME LIMIT ON
RECORDATION OF BOUNDARY PLATS
BE IT AND IT IS HEREBY ORDAINED by the
Board of .Supervisors of Isle of. Wight County,
Virginia that Section 13-1-3 of the Zoning
Ordinance of isle of Wight County, Virginia be
amended to read as follows:
13-1-3. Petitions by property owners for
change in the zoning classification of property
shall be accompanied by a certified check for four
hundred dollars ($400.00), payable to the treasurer..
In addition, an application for rezoning shall
require a plat to be prepared in accordance with
the requirements of the Subdivision Ordinance,
which must be recorded in the Clerk's Office of
the Circuit Court of Isle of Wight .County,
Virginia prior to the rezoning taking effect. If
a boundary flat of the rezoned area is not
recorded within sixty days of the approval of same
by the Board of Supervisors of Isle of Wight
County, Virginia then said rezoning will be null
and void and the property will revert to the
zoning classification existing prior to the action
of the Board of Supervisors.
5. An Ordinance To Amend The Borrow Pit Provisions
Of The Zoning Ordinance Of Isle of Wight County
As To Enforcement and Bonds
No one appeared in favor or in opposition.
Supervisor Edwards moved the Board adopt the "Ordinance To
Amend The Borrow Pit. Provisions Of The Zoning Ordinance Of Isle
of Wight County As To Enforcement and Bonds". The motion passed
by unanimous (4-0) of the Board.
AN ORDINANCE TO AMEND THE BORROW PIT PROVISIONS
OF THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY
AS TO ENFORCEMENT AND BONDS
BE ZT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County,•
Virginia that the following Subsections of
Section 10-11 of the Zoning Ordinance of Isle of
Wight County be amended to read as follows:
Section. 10-i1. Borrow pits.
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10-11.2. Application and procedures.
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10-11-2.1. The application shall be
signed by the operator and the landowner and
when issued shall be issued in the name of the
operator and shall not be transferable between
operators. The application fee shall be twelve
dollars ($12.00) 'per acre for every acre
proposed to be disturbed. Such permits shall
not be transferable. A permit shall be obtained
prior to the start of any mining operation. If,
within ten (10) days of the anniversarx date of
the permit, the County Zoning Administrator,
after inspection, is satisfied that the
operation. is proceeding according to the plan
submitted to and approved by the Board of Super-
visors, then the County Zoning Administrator
shall renew the permit upon payment of a renewal
fee by the operator of six dollars ($6.00) per
acre for land to be affected by the total
operation in the next ensuing year. If the
operator believes changes in his original plan
are necessary or if additional land not shown as
a part of the approved plan oP operation is to
be disturbed, he shall submit an amended plan
of operation, which shall be approved by the
Board of Supervisors in the same manner as an
original plan.
10-11-2.2. Application for excavation
permits shall be directed to the Board. of Super-
visors of Isle of Wight County and shall be
filed with the County Zoning Administrator. The
application shall including the following in-
formation and attachments.
(il) Provide information delineating
the vehicular access to be utilized by the
excavation operator and a statement listing the
various public. streets/highways to be used as
haul routes;
(12) Provide an erosion and
sedimentation control plan designed in
accordance with all applicable State and County.
requirements related to land disturbing
activities;
(13) Provide an estimation of the
total number of cubic yards to be excavated;
(14) Provide the proposed date on
which excavation operations will commence, the
proposed date on which such operation will be
completed and proposed date all required re-
storation measures will be completed;
(15) The name and address of the
operator.
No permit shall be issued by the Board
of Supervisors until the Planninq.Commission and
County Zoning Administrator have approved the
plan of operation and the bond from the
applicant as hereinafter provided.
10-i1-2.3. (a) The application for a
permit shall be accompanied by an operations
plan in such form and with such accompanying
material as the County Zoning Administrator
shall require. The operations plan shall
describe the specifications for surface grading
and restoration, including sketches delineating
placement of spoil, stockpiles and tailing ponds,
to a surface that is suitable for the proposed
subsequent use. of the land after reclamation is
completed
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shall include a provision forereclamationsofpall
land estimated to be affected by the mining
operation for which the permit is sought. The
reclamation provision shall be in such form and
contain such accompanying material as the County
Zoning Administrator shall require and shall
state:
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(c) It shall be the policy
of the County zoning Administrator to encourage
adoption of the productive land use, such as
pasture, agricultural use, recreational areas,
sanitary landfills, forestry and timberland
operations, industrial and building sites, and
to consider the general original contour in
determining the particular reclamation program
for the acreage. The County Zoning Administrator
may require an amendment to the operations plan
to meet the exigencies of any unanticipated
circumstances or event.
10-11-2.4. Application to be
forwarded to the County Planning Commission.
The County Zoning Administrator shall transmit
the application to the Planning Commission for
consideration by said Planning Commission. The
Planning Commission shall consider the location
of the proposed excavation and the plans
accompanying the application. The County
Planning Commission shall make its
recommendation to the Board of Supervisors for
approval, disapproval or amendment of the
application.
10-11-3. operating and Develop-
ment Requirements.
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10-11-3.3. Roadside la~3dscape.
Existing. trees and ground cover along public
street frontage shall be preserved for a depth
of two hundred (200) feet, maintained and
supplemented during the period of excavation, if
deemed desirable by the Planning Commission.
The t~-pe, design and spacing of supplementary
planting shall be approved by the County Zoning
Administrator.
10-i1-4. Restoration Requirements
10-11-4.1. Minimum slope of banks.
All slopes around the edge of the excavated area
shall be left with a slope no less: than three
(3) feet horizontal to one (1) foot vertical to
the bottom.
10-11-4.2. Leveling of bottom
area. All excavated areas shall be left in a
level state.
10-11-4.3. Topsoil restoration
and planting. All areas not inundated sha21 be
covered with topsoil and seeded. as required by
the County Zoning Administrator of Isle of Wight
County,: Virginia upon the conditions and re-
commendations made by the appropriate state
agencies and officials.
10-11-4.4. Gate Requirements.
The entire excavation area shall be fenced with
gates constructed at all entrances .to be kept
locked at all times when not in use.
10-11-5. Bond of operator.
Each operator, at the time of filing the
application, shall furnish bond on a form to be
prescribed by the. County Zoning Administrator,
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payable to the County of Isle of Wight and
conditioned that the operator shall faithfully
perform all of the requirements of this
ordinance and of the operations plan and re-
clamation plan as approved and directed by the
Board of Supervisors. The amount of bond shall
be one thousand-dollars ($1,000.00) per .acre,
based upon the number of acres of land which the
o erator estimates will be affected by the
mining operation. In .addition, the County Zones
ing Administrator may require bond in an amount
necessary to complete all phases of operation
and restoration/reclamation, .:plus ten percent
contingency, in the amount recommended and
endorsed by a certified engineer, licensed to
practice in the Commonwealth of Virginia and any
changes to the approved bond amount would
require similar estimations provided by a
certified engineer. However, in no event shall
such bonds be less than one thousand dollars
($1,000.00) per acre as hereinabove prescribed.
Such bonds shall be executed by the operator and
by a corporate surety licensed to do business in
this State; provided, however, that in lieu of
such bond, the operator may deposit cash,
certified check, or collateral securities
satisfactory to the County Zoning Administrator.
Upon request of the operator, the
County Zoning Administrator shall cause an
inspection to be made of the land subject to the
reclamation plan and, if he approves the
reclamation work completed by the operator, he
shall order the return of the bond or certified
check to the operator. If the County Zoning
Administrator does not approve the reclamation
work, he shall notify the operator immediately
and advise him of what additional steps he deems
necessar7~ to satisfactorily complete the
reclamation. The bond or other security
previously posted shall be released for the
areas disturbed in the last twelve (12) months
if reclamation work has been completed and the
approval of the County Zoning Administrator
obtained as hereinabove provided.
10-i1-6. Upon receipt of a
reasonable plan of operation and bond prescribed
hereinabove, the County. Zoning Administrator
shall present the plan to the Planning
Commission for review and the Planning
Commission shall make its recommendation to the
Board of Supervisors of Isle of Wight County
The Board of Supervisors may issue the permit
with or without conditions to insure compliance
with this ordinance unless they find that the
applicant has had control or has had common
control with a person, partnership, association,
trust or corporation which has had a borrow pit
permit revoked or bond or other security
forfeited for failure to reclaim lands as
requited by the provisions of this ordinance, in
which event no permit shall be issued; except,
however, if any operator who has heretofore
forfeited a bond pays the costs of reclamation
in excess of the amount of the forfeited bond or
if any bond is forfeited and the amount
forfeited is equal to or more than the costs of
reclamation, such operator shall then become
eligible for another permit.
10-11-7. It shall be unlawful for
any owner or owners of surface rights or the
owner or owners of mineral rights to interfere
with the operator in the discharge of his
obligations to the County for the reclamation of
lands disturbed by him. If the owner or owners
of surface rights or the owner or owners of
mineral rights desire to conduct other mining
operation on lands disturbed by the operator
furnishing bond hereunder, such owner or other
80~1t 14 ~ACE156
person shall be in all respects subject to the
provisions of this ordinance and the County
Zoning Administrator shall then release an
equivalent amount of bond to the operator
originally furnishing bond on the disturbed area.
10-11-10. Notice of noncompliance
served on operator. The County Zoning
Administrator may .cause a notice of non-
compliance to be served 'on the operator
whenever the operator fails to obey any order by
the County Zoning Administrator to:
1. Apply the control techniques and
institute the actions approved in his operations
and reclamation plan;
2. Comply with any required amendments
to the operations or reclamation plan; or
3. Comply with any other requirement
of this ordinance.
A copy.. of the notice shall be
delivered to the operator or served by certified
mail addressed to the operator at the permanent
address shown on the application for a permit.
The notice shall specify in what respects the
operator has failed to obey the order of the
County Zoning Administrator and shall require
the operator to comply with the order within a
reasonable period of time as fixed by the County
Zoning Administrator, following service of the
notice. If the operator has not complied with
the requirements set forth in the notice of
noncompliance with the time limits fixed therein,
the Board of Supervisors shall revoke the permit
and declare the forfeiture of the entire bond:,
which, when collected, shall be used by the
County of Isle of Wight in performing
reclamation under the provisions of this
ordinance.
10-i1-11. Additional bond to cover
amended estimate of land to be disturbed. If,
during any operation, it is found that the
operator's estimate of the amount of disturbed
land for which bond or other security has been
posted for reclamation is less than the actual
area disturbed, the County Zoning Administrator
shall order the operator to file additional bond
or security sufficient to cover an amended
estimate of land to be disturbed by such
operation. .
10-11-12. Exemption. Any operator
engaging in mining and disturbing less than one
acre of land. and. removing less than 500 tons of
material at any particular site is exempt from
the provisions of this ordinance; providing,
however, each .person intending to engage in such
restricted mining shall submit an application
for exemption, a sketch of .the mining site and
an operations plan to the County Zoning
Administrator, who shall approve the application
i~ he determines that the issuance of the permit
shall not violate the provisions of this
ordinance.
10-11-13. Life of permit. All permits
issued for borrow pits by the Board of
Supervisors will be for a period of five (5)
years from the date of issuance. Any extension
of time or renewal of said per~its will require
new applications filed in accordance with all of
the terms of this ordinance.
Chairman Bradby called for a public hearing on the following
rezoning applications:
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1. The application of Kenneth G. and Brenda B.
Edwards for a change in zoning
classification from A-2, Agricultural
General, to R-1, Residential Limited, .5
.acre of land located on the south side of
Route '637, between Routes 1301 and 1302, in
Hardy Magisterial District. The purpose of
the application is for a residential lot.
No one appeared in favor or in opposition.
®n motion of Supervisor Edwards, the Board voted unanimously
(4-0) to approve the application of Kenneth G. and Brenda 8.
Edwards for a change in zoning classification from A-2,
Agricultural General, to R-1, Residential Limited, .5 acre of
land located on the south side of Route 637, between Routes 1301
and 1302, in Hardy Magisterial District.
2. The application of Emmerson E. Martin,
Jr. for a change in zoning
classification from A-1, Agricultural
Limited, to Conditional R-MH-A,
Conditional Rural Mobile Home District,
9.068 acres of land located off the
south side of Route 661, east of Route
17, in Newport Magisterial District.
The purpose of the application is to
allow the permanent location of one
double wide mobile home and the'
continued location of the mobile home
on the property of Marvin C. and. Ella R.
Lovitt.
Emmerson E. Martin, Jr. appeared and stated he would like to
put a double wide on the land he purchased because it would be
more economical than a stick built home.
County Attorney Crook stated the Planning Commission
recommended approval if the mobile home occupied by Mr. .and Mrs.
Lovitt.is removed when they no longer reside there.
Supervisor Turner moved the Board approve the application of
Emmerson E. Martin, Jr. for a change in zoning classification
from A-1, Agricultural General, to Conditional R-MH-A,
Conditional Rural Mobile Home District, 9.068 acres of land
located off the south side of Route 661, east of Route 17, in
Newport. Magisterial District with the condition that the mobile
home of Marvin C. and Ella R. Lovitt be removed when neither of
them resides therein. The vote in favor was unanimous (4-0).
3. The application of John T. Matthews for a
change in zoning classification from A-1,
Agricultural General, to Conditional B-1,
Conditional Business General, 12.63
acres of land which fronts on the south
side of Route 460 and on the north side
of Route 636, west of the Route 460 and
Route 636 intersection, in Windsor
Magisterial District. The purpose of the
application is for a shopping center with
professional office space.
Rodham T. Delk, Jr., attorney from Smithfield, appeared to
represent Harrison & Lear, Inc., Relators, owners and developers
of the shopping center. Mr. Delk stated the shopping center will
contain 12.63 acres of land located on Route 460 at Route 636.
The general layout would be 800. square feet for a drug store,
27,000 square feet for a grocery store, 25,000 square feet for
retail stores and 10,000 square feet for future expansion, said
Mr. Delk. Mr. Delk continued stating there would be ample area
for parking, as well as good ingress and egress to and from the
'~ shopping center. Mr. Delk stated that Wayne Stevens, .Project
Development Manager with Harrison & Lear, and Dwayne DeBlazo
from Newport News, Daryl Rickmond, Engineer with Rickmond
Engineers, and Rick Faye were present to answer questions which
Board members may have. Mr. Delk stated the developers believe
it is a good use for the property, very convenient to Windsor and
Suffolk citizens and it is anticipated to have a design that will
contribute to the tax base. Mr. Delk further stated the
developers have proffered the following conditions: (1) property
to be improved for use as approximately 70,000 square feet
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shopping center with retail stores and professional offices, (2j
developers to construct connector street from Route 460 to Route
636 south of Route 460 on the western portion of .property, (3)
developers to construct private water system and (4j two
out-parcels to be available for sale for compatible commercial or
professional uses. Mr. Delk asked that the conditional zoning be
approved by the Board and stated the Planning Commission
unanimously recommended approval.
Jim Kilpatrick, resident on Route 636, opposed the
application expressing concerns regarding an increase in traffic
on Route 636, where the road would be widened, water table effect
and sewage.
Lawrence Post, resident on Route 636, opposed the
application stating he did not feel notice was sufficient in time
for the Planning Commission meeting, ,that a petition had been
circulated containing 27 names opposing the shopping center, and
questioned the effect the shopping center would have on the
Norfolk water system and stated. that the shopping center would be
a nuisance rather than an asset.
Judy Kilpatrick, resident on Route 636, appeared in
opposition..
Chairman Bradby stated the Board had received a letter in
opposition. from John and Nancy Polak.
Supervisor Bradshaw moved the Board approve the application
of John T. .Mathews for a change in zoning classification from
A-1, Agricultural Limited, to Conditional B-l, Conditional
Business General, 12.63 acres of land which front on the south
side of Route 460 and on the north .side of Route 636, west of the
Route 460 and Route 636 intersection, in Windsor Magisterial
District. The motion passed by unanimous (4-O) vote of the
Board.
4. The application of Vivian H. Pretlow, owner, and
Arthur Diggs, Jr., Karen Y. Ford, Glenn and
Valerie Ford, James and Tswana Ford, Thaddeus
and Kathy Greene, Kim Shivers, and Alfonso
Godwin, prospective owners, for a change in
zoning classification from A-1, Agricultural
Limited, to Conditional R-A, Conditional Rural
Residential, approximately 25 acres of land
located on the east side of Route 258, between
Routes 652 and 620, in Newport Magisterial
District. The purpose of the application is for
no more than seven rural residential lots.
Carol Pretlow, daughter of the property owner, appeared to
represent of her mother. Miss Pretlow stated the owners would be
responsible for the right-of-way and asked the Board to vote
favorably on the application.
Glenn Ford, prospective property owner representing the
ot2ier prospective owners, stated their concern is their future in
Isle of Wight County ~d asked the Board to approve the rezoning
application.
No one appeared in opposition.
On motion of Supervisor Edwards, the Board voted unanimously
(4-0) to approve the application of Vivian H. Pretlow, owner; and
Arthur Digs, Jr., Karen Y. Ford, Glenn and Valerie: Ford, James
and Tswana Ford, Thaddeus and Kathy Greene, Kim Shivers, and
Alfonso Godwin, prospective owners, for a change in zoning
classification from A-1, Agricultural Limited, to Conditional
R-A, Conditional Rural Residential, approximately 25 acres of
land located on the east side of Route 258, between Routes 652
and 620, in Newport Magisterial District.
5. The application of Newman Beale, Jr. and Shelby W.
Beale for a change in zoning classification from
A-l, Agricultural Limited, to Conditional R-1,
Conditional Residential Limited, approximately 116
acres of land located on tie east side of Route
258, between Routes 606 and 610, in Windsor
Magisterial District. The purpose of the
application is for no more than 78 single family
residential lots.
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A. L. Jones, II, attorney from Smithfield, appeared
representing the applicants. Mr. Jones stated the Beales were.
also present and encourage you (the Board) to approve the
application. Mr. Jones distributed two tax maps relative to the
proposed rezoning application. Mr. Jones stated the applicants
are seeking zoning that will allow the residential development of
no more than 78 single family lots and the development will be
served by a central water system with individual septic systems
proposed for each lot. The cost of the homes will range from
$65,000 to $80,000, stated Mr. Jones. The Planning Commission
recommended approval and we ask the Board to do likewise, said
Mr. Jones.
No one appeared in opposition.
Supervisor Bradshaw moved the Board approve the appplication
of Newman Beale, Jr. and Shelby W. Beale for a change in zoning
classification from A-1, Agricultural Limited, to Conditional
R-1, Conditional Residential Limited, approximately one hundred
sixteen acres of land located on the east side of Route 258,
between Routes 606 and 610, in Windsor Magisterial District. The
motion passed unanimously (4-0).
6. The application of Garland Gene and Brenda G.
Whitley far a change in zoning classification
from A-1, Agricultural Limited, to R-MH-A,
Rural Mobile Home District., 1.5 acres of land
located on the south side of Route 644,
between Routes 652 and 637, in Newport
Magisterial District. The purpose of the
application is far the permanent location of
one mobile home.
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Garland Whitley appeared and stated he now owns 1 iJ2 acres
of land and has a trailer on it. Mr. Whitley stated he would
like to rezone the property in order to leave the trailer there
until he is able t0 blllld a hnmea in thu fntnrn
No one appeared in opposition
Supervisor Edwards moved the Board approve the applacation
of Garland Gene and Brenda G. Whitley fora change in zoning
classification from A-1, Agricultural Limited, to R-MH-A, Rural
Mobile Home District, 1.5 acres of land located on the south side
of Route 644, between Routes 652 and 637, in Newport Magisterial
District. The motion carried unanimously (4-0).
7. The application of W. H. Holland, Sr. for a'
change in zoning classification from A-1,
Agricultural Limited, to Conditional R-MH-A,
Conditional Rural Mobile Home District,
approximately 2.3 acres of land located on
the west side of Route 646, between Routes
638 and 645, in Hardy Magisterial District.
The purpose of the application is for the
permanent location of one mobile home.
Helen Holland, wife of the applicant, appeared and 'stated
they have cleared the land and the neighbors would be glad -for
them to put a trailer there. Mrs. Holland asked the Board's
favorable consideration.
®n motion of Supervisor Turner, the Board voted unanimously
(4-O) to approve the application of W. H. Holland, Sr. for a
change in zoning classification from A-1, Agricultural Limited,
to Conditional R-MH-A, Conditional Rural Mobile Home District,
approximately 2.3 acres of land located on the west side of Route
646, between Routes 638 and 645, in Hardy Magisterial District.
1
8. The application of Linwood Robinson for a change
in zoning classification from A-1, Agricultural
Limited; to R-MH-A, Rural Mobile Home District.,
1.5 acres of land located on the west side of
Route 620, at the intersection of Routes 620 and
652 (discontinued), in Hardy Magisterial
District. The purpose of the application is for
the permanent location of one mobile home.
Linwood Robinson appeared and asked the Board°s favorable
consideration.
8011 14 /~~~ZVU
No one appeared in opposition.
Supervisor Turner moved the Board approve the application of
Linwood Robinson for a change in zoning classification from A-1,
Agricultural Limited, to R-MH-A, Rural Mobile Home District, 1.5
acres of land located on the west side of Route 620, at the
intersection of Routes 620 and 652, in Hardy Magisterial
District. The vote in favor was unanimous (3-0). Supervisor
Bradshaw was absent when the vote was taken.
9. The application of Elsie & Hall, Theda H. Green,
and Dula H. Types, owners, and James Hall, Jr.
and Warren Hall, prospective owners, for a change
in zoning classification from A-1, Agricultural
Limited, to Conditional R-MH-A,•Conditional Rural
Mobile Home District, approximately 25 acres of
land located on the north side of Route 682 and
the east side of Route 681, between Routes .682
and 683, in Hardy Magisterial District. The
purpose of the application is for the permanent
location of one mobile home.
Elsie Hall appeared representing herself and her sons, James
and Warren Hall. Mrs. Hall stated they would like to have the
land rezoned in order to place a mobile home on the property.
Mrs. Hall also stated they plan to build a home in the future.
No one appeared in opposition.
On motion of Chairman Bradby, the Board voted unanimously
(3-0) to approve the application. of Elsie B. Hall, Theda H.
Green, and Dula H. Types, owners, and James Hall, Jr. and Warren
Hall, prospective owners, for a change in zoning classification
from A-1, Agricultural Limited, to Conditional R-MH-A,
Conditional Rural Mobile Home District, approximately 25 acres of
land located on the north side of Route 681, between Routes 682
and 683, in Hardy Magisterial District. Supervisor Bradshaw was
absent when the vote was taken.
10. The application of Ronald L. Dashiell for a change
in zoning classification from A-2, Agricultural
General, to R-3, Townhot~~se Residence District, 15
acres of land located off the southwest side of
Route 17, between Routes 661 and 662., in Newport
Magisterial District. The purpose of the
application is to provide for townhouses for sale.
William H. Riddick, attorney from Smithfield, appeared
representing the applicant and representatives of Newport
Investors, purchasers of the property from Ronald L. Dashiell.
Mr. Riddick stated the applicant is applying for zoning that
would .allow 15 acres of land to be developed into townhouse lots
for sale and it is anticipated that access to the property will
be off of Routes 17 and 661. Mr. Riddick'stated the general. area
is predominately residential and it will be a perfect site for
the location ~f townhouse development; it will be convenient to
major thoroughfare, near Newport News and Churchland. Mr.
Riddick also stated there would be no more than 3 townhouses per
area. The townhouse development will be self contained, stated
Mr. Riddick.
Supervisor Turner questioned the ownership of the property.
Mr. Riddick stated the property is owned by Newport Investors,
which is a partnership. Supervisor Turner asked County Attorney
Crook if the new owners should file a new application and same be
advertised for consideration by the Board, to which County
Attorney Crook replied, the new owners should have signed the
application or submitted a supplemental application.
Attorney Riddick asked that the application be returned to
the Planning Commission for amendment to show new owners.
Supervisor Turner moved the Board return the application of
Ronald L. Dashiell fora change in zoning classification from
A-2, Agricultural General, to R-3, Townhouse Residence -District,
fifteen (15) acres of land located off the southwest side of
Route-17, between Routes 661 and 662, in Newport Magisterial
District to the Planning Commission to be amended to show the
proper owners of the property. The vote in favor was unanimous
(4-0) .
i~
BOQK 14 i'ACE1U1
1
11. The application of B. F. Jamison for a change in
zoning classification from A-1, Agricultural
Limited, to B-l, Business General, approximately
.33 acre of land located on the west side of
Route 17, between Routes 32, 258 and 712,
in Newport Magisterial District. The purpose of
the application is for uses allowed in a
business zone.
William H. Riddick, at orney appeared to represent the
applicant and stated the applcant ~.s seeking rezoning to expand
an existing business zone.
No one appeared in opposition.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to approve the application of B. F. Jamison for a change in
zoning classification from A-1, Agricultural Limited, to B-1,
Business General, approximately .33 acre of land located on the.
west side of Route 17, between Routes 32, 258, and 712, in
Newport Magisterial District.
12. The application of W&W Land', Inc. fora change in
zoning classification from A-l, Agricultural
Limited, to R-A, Rural Residential, approximately
68 acres of land located on the west side of
Route 652, between Routes 644 and 600, in Newport
Magisterial District. The purpose of the
application is for a rural residential
subdivision.
1
C
A. L. Jones, II, attorney, appeared to represent the
applicants. Mr. Jones solicited the Board's help in how to deal
with the situation. Mr. Jones stated the applicant/developer has
applied for zoning that would allow approximately. 68 acres of
land to be developed into a rural residential subdivision,. with
individual wells and septic systems. The site is located on .the
west side of Route 652 which is primarily a rural area developed
with a mixture of single family residences and mobile homes, said
Mr. Jones. Mr. Jones continued stating the applicants ..purchased
the property from the owners because of their financial
conditions and the new owners purchased the property with the
desire to develop a residential area containing only 18 lots from
4 1/2 acres to 9 acres in size with the roads to be constructed
to State standards. Mro Jones asked the Board to consider the
opposition and table action on the application until the
applicants could have the opportunity to talk with adjoining
property owners to determine why they were opposed to the
proposed development.
John T. Butler, Jr, adjacent landowner, appeared in
opposition stating a petition containing 26 names had been
presented to the Planning Commission in opposition. Mr. Butler
also stated he had purchased a portion of the propert7~ which
adjoined his property. Mr. Butler further concurred with the
Planning Commission's decision to deny the application due to a
concern over inadequate fire protection for a residential
subdivision of this size. Mr. Butler also agreed with Supervisor
Edwards' comment that. development should be near the Towns of
Windsor and Smithfield. Mr. Butler also expressed concern
regarding drainage going into the swamp which supplies the City
of Norfolk water, as well as the land .adjoining the Longview
Agricultural Forestry District., Mr. Butler stated he feels it
will be better to maintain it as a farming area and asked the
-Board to deny the application.
Francis S. Griffin, resident on Route. 652, stated he was
opposed to development in the area because it is basically a
farming area and there is not a subdivision of this type in the
area. Mr. Griffin continued stating he would like to keep the
area the way it•is at the present time. Mr. Griffin further
stated lots were- subdivided for family members prior to the
subdivision. Mr. Griffin further stated he has a livestock
operation and does not feel this type of development is for their
neighborhood.
Attorney Jones again asked the Board to table action on the
application to provide the owners an opportunity to talk with the
opposition for suggestions as to what will be compatible to the
area. •
aooK 14. ?a~f16~
Francis 'S. Griffin stated the Planning Commission had tabled
action on three different occasions and the developers have had
three months to talk with the opposition. Mr. Griffin stated he
feels they have had enough time to work out the problems.
Supervisor Bradshaw stated that since he has been on the
Board we have tried to treat everybody the same and I think we
should grant Mr. Jones' request. Supervisor Edwards stated he
would not oppose tabling the application. Supervisor Turner
stated he was in favor of tabling,Zhe application if the people
can get together and work out a solution.
Qn motion - of Supervisor Bradshaw, the Board voted
unanimously (4-0) to table action until August 4, 1988 Board
meeting the application of W&W Land, Inc. for a change in zoning
classification from A-1, Agricultural Limited, to R-A, .Rural
Residential, approximately sixty eight acres of land located on
the west side of Route 652, between Routes 644 and 600, In
Newport Magisterial District as requested by the applicant.
13. The application of G. A. Barlow, Jr., J. A. Barlow
and Catherine Barlow Duncan for a change in zoning
classification from A-1, Agricultural Limited, to
Conditional R-2, Conditional Residential General,
approximately 615 acres of land located on the
east side of Route 655, between Routes 620 and 656,
in Newport Magisterial District. The .purpose of
the application is for no more than 450 single
family lots.
A. .L. Jpftes, II, attorney representing the. applicants,
stated that G. A. Barlow, Jr. and Catherine Barlow Duncan were
present and that J. A. Barlow had been present, had to leave and
would return soon. Mr. Jones stated they were present to ask the
Board to give favorable consideration to this application. Mr.
Jones further stated that the project designer and engineer. were
present to answer any questions the Board may have,
Mr. Jones stated the applicant/developer has applied for
aonditiona~., zoning that would allow approximately 615-acres of
land to be developed with no more than 450 single family housing.
units with lots averaging more than 26,000 square feet in size
and will include an 18 °'hole golf course with a club house
complex and l or 2 marina facilities to contain no more than a
total of 50 boat slips. The site will be. furnished public -sewer
services by tine Town of Smithfield and public water to be
determined by the County. Mr. Jones continued stating it shou d
be noted the rezoning is conditional and contingent upors the
Virginia Department of Transportation approving a suitable
north/south access to tie in with the Route 10 bypass, which must
be obtained by the developer by July 1, 1991. The proposed
project will exceed the Gatling Pointe expectations., stated Mr.
Jones. Mr. Jones requested the Board to approve the application..
G. A. Barlow, Jr. stated they regret selling the farm, but
feel it is the time to do it. Mr. Barlow commended the Planning
Commission on their work and asked the Board to approve their
application.. -
Donald Hood, representing Margaret Gwaltney Hood, appeared
and expressed concern .relative to access to and from the proposed
project.
Following discussion and on motion of Supervisor Bradshaw,.
the Board voted unanimously (4-0) to approve the application of
G. A. ,Barlow, Jr., J. A. Barlow and Catherine Barlow Duncan for a
change in zoning classification from A-1, Agricultural Limited,
to Conditional R-2, Conditional Residential General,
approximately 615 acres of land located. on the east side of Route
655, between Routes 620 and 656, in Newport Magisterial District.
//
At 4;22 P.M. Supervisor Turner moved the Board take a recess
for ten minutes, which passed unanimously (4-0). The Board
reconvened at 4:40 P.M.
//
Francis Griffin., resident on Route 652, expressed concern
relative to picking up trash at the dumpsters.
1
4
aooK 14 r~~E163
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1
an motion of Supervisor Edwards, the Board voted unanimously
(4-0) to direct Assistant County Administrator/Community
Development Director, W. Douglas Caskey, to review the
practicality and legal feasibility to require developers to
install water conserving devices in their projects.
Supervisor Edwards moved the Board direct County
Administrator Standish to contact the ABC Board relative to the
feasibility of opening an ABC Store in the Town of Windsor and
the Airway Shopping Center in Franklin. The vote in favor was
unanimous (4-O).
//
Assistant County Administrator/Communit~- Development
Director, W. Douglas Caskey, presented the following conditional
use permit applications for the Board's consideration:
1~ The application of James D. Kruger for a conditional
use permit to extend the existing mobile home
approval for an additional .two years, on 45 acres of
land located on the west side of Route 649, between .
Routes 644 and 646, in Hardy Magisterial District.
No one appeared in favor or in opposition. The Planning
Commission unanimously to recommend approval, said Mr. Caskey.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to approve the application of James D. Kruger for a
conditional use permit to extend the existing mobile home
approval for an additional two years, on 45 acres of land located
on the west side of Route 649, between Routes 644 and 646, in
Hardy Magisterial District.
1
2. The application of Geraldine and Edward Wilson
for a conditional- use permit to locate a
mobile home for their daughter, Irene V.
Pierce, on one acre of land located on
the south side of Route 702, between Route 10
and Route 702, in Hardy Magisterial District.
No one appeared in favor or in opposition. The Planning
Commission recommended approval of the application, stated Mr.
Caskey.
Chairman Bradby moved the Board approve.the application of
Geraldine and Edward Wilson for a conditional use permit. to
locate a mobile home for their daughter, Irene V. Pierce, on one
acre of land located on the south side of Route 702 between
Route 10 and Route 702, in Hardy Magisterial Distr~ct. The
motion carried unanimously (4-0).
3. The request submitted by St. Luke's Church to
extend an existing brick wall (with
ornamentation) on property located within the
designated St. Luke's Historical District.
No one appeared in favor or in opposition. The Historical
Architectural Review Committee considered the request and found
the proposal to be architecturally compatible with the historic
landmark therein and voted to recommend the Board approve the
proposal, said Mr. Caskey.
On motion of Supervisor Turner, the Board Voted unanimously
(4-0) to grant the request submitted by St. Luke's Church to
extend an existing brick wall (with ornamentation) on property
located within the designated St. Luke's Historical District.
//
Supervisor Edwards moved the .Board direct Contel
representatives to initiate a ppolling process for toll free
calling within the Windsor and Smithfield exchanges. The vote in
favor was unanimous (4-0).
Suppervisor Turner moved the Board adopt the resolution
requesting the Virginia Department of Transportation to include
Queen's Anne Court in the Virginia Secondary Road System for
maintenance. The motion passed unanimously (4-0):
r~~M. 14 ~~c164
RESOLUTION
VIRGINIA:
At a regular meeting of the Board of Supervisors of
Isle of Wight County, held in the Isle of Wight
County Courthouse on July 7, 1988 on motion of
Richard L. Turner, the following resolution was
duly passed.
WHEREAS, the Resident Engineer of the Virginia
Department of Transportation has this day advised
this Board that hereinfater described street in
Queen Anne's Court, Newport Magisterial DistricC,
Isle of Wight County, Virginia, has-been built in
accordance with Secondary Road Policies, and the
Isle of Wight County Subdivision Ordinance relating
to acceptance of .streets into the State's secondary
system.
THEREFORE., BE IT RESOLVED, that the Commissioner of•
the Virginia Department of Transportation is
requested to include into the .Virginia Secondary
Road System for maintenance the following described
street in Queen Anne's Court Subdivision:
QUEEN ANNE'S COURT: Beginning at a point on State
Route 32/258, 0.19 miles east of its intersection
with State Route 10, thence, running in a
northerly direction, 0.10 miles to a cul-de-sac.
Length: 0.10 miles
Right of way: 66' and 50'
Total length: O.10 miles
Unrestricted rights of way sixty-six (66) feet and
fifty (50) feet in width and additional right of way
for the cul-de-sac, along with the necessary
drainage easements have been provided and are on
record in the Office of the Cierk of the .Circuit
Court of Isle of Wight County in Deed Book 313, Page
4b1, dated May 12 , 1986; Plat Book 13, Page 128, 129,
dated December 2, 1986, and is :guaranteed.
On motion of Chairman Bradby, the .Board voted unanimously
(4-Oj to approve the low bid contracts for petroleum and gas for
fiscal year 1988-89 as follows: Metallgesllschaft - regular ,gas
$.5275 and #2 fuel $.5850 and Angus I. Hines - diesel $.4619.
Supervisor Edwards moved the Board authorize County
Administrator Standish to sign the contract ;with auditors,
Goodman & Company, for fiscal year 1988-89. The motion passed by
unanimous (4-O) vote of the Board.
Supervisor Edwards moved the Board authorize County
Administrator Standish to sign the contract with R. Kenneth Weeks
fof the study of alternatives for the sewer system in the Town of
Windsor area for the sum of $2,000.00. The vote in favor was
unanimous (4-0).
County Administrator Standish informed the Board members
that the Hampton Roads Sanitary District staff will be at the
July 21st Board meeting tv give a formal presentation of their
analysis of the extension of the sewer service into Isle of Wight
County along Route 460 and the Route 17 corridor.
County Administrator Standish stated he had personnel
matters, intergovernmental matters and contractual matters to be
discussed during executive session later during the meeting.
//
Lieutenant Steven G. Bowman presented the following
Sheriff's Department activity report. for the month of June 1988:
man hours 2,874, mileage 39,320, .papers served 1,132, response to
calls 262, misdemeanors 41 with 23 arrests with a clearance -rate
of 56.10$, felonies 25 with 11 arrests and a clearance rate of
44.00, prisoner. transports 23, mental patient transports 4,
traffic summons issued 51 - 17 were no County tags and fines
collected $1,933.
1
3~
aoaK 14 rAGE165
1
®®
Chairman Bradby called for consideration of then following
conditional use permit application which was tabled at the April
°~® 1988 meeting.
The application of Virginia S. Fedonchuk, owner,
and Benns Church Properties, prospective owners,
fora conditional use permit to operate borrow
pits containing 33.51 total acres of land
located on the west side of Routes 10 and 32, in
Newport Magisterial District.
Supervisor Edwards, moved the Board open the floor to hear
comments from the audience. The motion passed with Supervisors
Bradty, Bradshaw and Edwards voting aye. Supervisor Turner
abstained.
Supervisor Turner .stepped down from the dies due to a
conflict of interest.
[]
A. L. Jones, II, attorney representing the applicants,
stated the applicants desire to be required to labor under the
new .ordinance although the Planning Commission reviewed the
application and recommended approval under the old ordinance.
Mr. Jones asked the Board to approve the application.
Supervisor Edwards expressed concern relative to the
possibility of the .hole not filling with water, to which Mr.
Jones replied, "It will fill up with water" Supervisor Edwards
stated water leaks out of lakes as fast as it seeps in, will you
put up adequate surety to cover same? Mr. Jones. stated we are
prepared to do whatever is necessary to meet the requirements.
Supervisor Edwards inquired of Mr. Crook how the Board could
insure that the lakes would hold water. County Attorney Crook
responded that the Bbard could add a condition that a liner be
installed and require additional surety to cover same.
Howard W. Gwaltney, Jr., adjacent property owner, asked if
the Board way going to require that the lake be filled with
water?
Robbie Taylor, nearby landowner, appeared in opposition
expressing concern relative to traffic, County losing land once
there is a hole dug, whether it is the best use of the land, no
pits being reclaimed as yet, whether the $1,000 per acre bond is
sufficient, erosion control and the completion of durrent pits
prior to approving more. Mr. Taylor asked the Board to turn down
the application.
Martin Jones, appeared representing the E. E. Holloway, Jr.
Estate. Mr. Jones stated he concurred with Mr. Taylor and. Mr.
Gwaltneyos comments. Mr. Jones also expressed concern regarding
the controlled growth in the County, planning for the future,
dust in the area, traffic problems, and effects on the historical
district and of Benns Church. Mr. Jones stated he would like the
Board to consider very strongly where we are going in that area
of the County and what is best for 10, 15, or 20 years from now;
what is it going to look like and what can we do to enhance it.
1
Mr. A. L. Jones, II asked the Board to lay aside personality
conflicts and please approve the application.
Su ervisor Edwards moved the Board approve the application
of Virginia S. Fedonchuk, owner, and Benns Church Properties,
prospective owners, for a conditional use permit to operate
borrow pits containing 33.51 total acres of land located on the
west side of Routes 10 and 32, in Newport Magisterial District
with the following conditions.: (1) make sure there is a lake
when excavation is complete, (2) line pit if it leaks, (3)
project to be monitored by Virginia Department of Mines, Minerals
and Energy and (4) project will be governed by the new ordinance
rules rather than the old ordinance. The motion passed with
Supervisors Edwards and Bradshaw voting aye and Chairman Bradby
voting no. Supervisor Turner did not vote.
//
®n motion of Supervisor Turner, the Board voted unanimously
(4-0) to appoint Ray Hughes to serve another term as a member of
the Private Industry Council (PIC).
j;
ae~K 14 ~~c~1~i6
Chairman Bradby moved the Board appoint Reverend Vincent L.
Thomas, Route 2, Box 472, Smithfield, Virginia, to serve as a
member of the Social Services Board. The vote in favor was
unanimous (4-0) .
//
County Attorney Crook recommended the Board approve the June
2, 1988 minutes of the Board of Supervisors meeting. On motion
of Supervisor Edwards, the Board voted unanimously (4-0) to
approve the June 2, 1988 Board of Supervisors minutes.
l/ .
Supervisor Turner moved the Board go into executive session
for the purpose of discussing with legal counsel and staff
members personnel matters, intergovernmental matters and
contractual matters. The motion carried unanimously (4-0). The
Board went into executive session at 6:20 P.M. and returned to
open session at 7:03 P.M.
//
Supervisor Edwards moved the Board direct County
Administrator Standish to advertise for the position of Director
of Public Utilities. The motion carried (3-1) with Supervisors
Bradshaw, Edwards and .Turner voting aye and Chairman Bradby
voting no.
Supervisor Edwards moved the Board direct County Attorney
Crook to review County ordinances to determine if big game can be
hunted with a rifle in the County. The vote in favor was
unanimous (4-O).
//
At 7:05 P.M. Supervisor Bradshaw moved the meeting be.
adjourned, which passed unanimously (4-0).
~~~
Henry Bradby, Chairman