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01-19-1989 Regular Meeting~9R~ 14 r~~:~2~9 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD JANUARY NINETEENTH IN THE YEAR NINE HUNDRED EIGHTY NINE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Thomas. L. Ross Richard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Kenneth L. Chandler, Assistant to the County Administrator Judy A. Begland, Economic Development Coordinator Charles W. Phelps, Sheriff Lt. Steve W. Bowman Betty Scott, Assistant Clerk The Chairman called the meeting to order at 6:59 P.M. and delivered the invocation. // Chairman Bradby called for a public hearing on the following rezoning application: An application for a change in zoning classification for property .owned by Crown Creek Land Trust (D. Mason Anderson, Trustee) from Conditional R-3, Conditional Townhouse Residence District, to A-1, Agricultural Limited, .approximately 90 acres of land located on the east side of Route 665, between Route 712 and Johnson Lane, Newport Magisterial District. An application for a change in zoning classification for property owned by Rae Parker, Jr. from Conditional A-2, Agricultural General, approximately 180 acres, and from Conditional R-1, Conditional Residential Limited, ,approximately 120 acres, and from Conditional R-2, Conditional Residential General, approximately 140 acres, and from Conditional R-3, Conditional Townhouse Residence District, approximately 150 acres to A-1, Agricultural Limited, a total of approximately 590 acres of land, located on the east side of Route 665, between Route 712 and Johnson Lane, Newport Magisterial District. Andrew M. Casey, Carrollton resident and member of the Planning Commission, appeared in opposition expressing concerns regarding density, ecology, taxes, traffic, area becoming a bedroom community, police and rescue protection, trash disposal and. sewer lines. Mr. Casey recommended that the Board rezone the property to A-1, that the County move forward on its own to bring in the sewer and collect the full tap on fees and show the citizens of this County and the developers that the Board takes its responsibility seriously, that the Board cares about protecting the quality life for our citizens, and that the Board is prepared to make. tough decisions which will protect the environment. Brenda Lee, representing the Willing Workers Civic Group, appeared in opposition expressing concerns relative to water, sewer and property loss. Ms. Lee stated they did not want .the King's Colony Subdivision no matter how good it is for the County. Ms. Lee asked the Board to approve the rezoning application and not table action on same. Robert Clontz, Morgart's Beach resident, spoke in opposition. Mr. Clontz requested that the land under consideration be rezoned back to agricultural. Mr. Clontz continued expressing concern regarding high density housing and suggested the proposed subdivision be limited to single family dwellings. Mr. Clontz stated he emplored the Board to vote to rezone the property back to agriculture. Steve Clark, Carrollton resident and attorney in Portsmouth, appeared in opposition and stated the decision tonight is one that if not made correctly sets in motion a continuum of events that is irreversible, and stated that if the Board does not down ~~~~~ 14 ~~~:2fi0 zone this land, not only will King's Colony be a reality, but all of the development that will occur around. King's Colony will become a reality. In effect, failure to down zone this property will create a town, stated Mr. Clark. Mr. Clark presented a petition containing signatures of 1,069 voting citizens in the County and asked that it be interpreted as a request to down zone the proposed application and not table the Board's action. Steve Lee, Carrollton resident on Route 665, asked that the Board reconsider its decision to approve King's Colony. Mr. Lee stated he was pleading to *_he Board to kill the development. Robert Kenerley, resident at 2 Riverpoint Trail in Carrollton, appeared. in opposition and stated the previous petition contained approximately 5$ of Count voters which should give the Board some indication on this decision. Mr. Kenerley asked Chairman Bradby to read a letter which the Board had received from the Isle of Wight/Smithfield Chamber of Commerce relative to the proposed application. At~the recommendation of County Attorney Crook, Mr. Kenerley read the letter. Mr. Kenerley expressed concern regarding sewer, displacement of residents in the area, aquifers, fire hydrants, proposed proffers and the studies conducted by the Environmental Council and the Lower James River Association. Mr. Kenerley asked the Board to dispose of this project this evening. Herman Jones, nearby resident, appeared in opposition expressing concerns relative to traffic, taxes and additional costs to residents for connection fees to the sewer line. Mr. Jones asked the Board to vote the application down. Pat Clark, resident of Twin Hill Lane, stated he opposed the application, but not from an adverse position. Mr. Clark expressed concern regarding the water level in the area. David Pierce, resident of 3 Riverpoint Trail, Carrollton, appeared in opposition expressing concern relative to extensive chloride and sodium in water which the residents would be using, as well as concern for shellfish and the wetlands area. Mr. Pierce requested the Board reconsider, deny and down grade the proposed application to agriculture. Marie Bailey, resident on Vellines Lane, appeared in opposition on behalf of her neighbor, Mrs. Raddy Vellines. Mrs. Bailey expressed concern regarding additional traffic on the road, overcrowded schools and stated she feels the County is moving too fast, that we need to slow down and look where we are going. William H. Barrett, resident from Carrsville, stated that when the Board passed the previous request, he told the Board they were making a mistake and now is the time to rectify the mistake and give the residents what they want. Robert Hill, Morgart's Beach resident, expressed concerns regarding the. impact on the County, fire and•nescue protection, schools and traffic/congestion. Mr. Hill asked ,the Board to sit down, take a breath. and see what is going to happen if this request is granted. A. L. Jones, II, attorney representing. the applicants, stated the Board had received a draft, as well as a final copy, of the economic impact study conducted by Hammer Siler George Associates, an excellent firm who prepared an excellent impact study on the proposed subdivision. Mr. Jones continued stating he would like to encourage the people to evaluate the impact report and consider the pros and cons. The project .will be constructed in phases. He stated his client will pay for building permits issued to defra}~ costs to the County and Mr. Keusal is a professional who realizes the County is on the edge of growth, said Mr. Jones. Replying to public comments, Mr. Jones stated the proposal calls for no more than 200. homes to be built each year over 10 years, Mr. Keusal will also pay impact fees for each housing unit to be paid at the time building j permits are issued for each unit, and residents along Routes 665 and 669 will not be .displaced. Mr. Jones continued stating that the area from Route 17 to Suffolk is going to open up for industrial development and there will be significant economic impact to the County when this happens and the light commercial industrial is going to come sooner than the residents realize. 1 so~F. 14 -n.:~261 D 1 1 Mr. Jones asked the Board to deny the application to down zone the property. County Attorney Crook stated he had just received the economic impact study today and had not had time to study it. He asked Mr. Jones if they study addressed the question whether the proffered impact fees would offset the capital improvements that would be generated by the development, such as schools. Mr. Jones replied that it did not. Supervisor Edwards queried Mr. Jones if the economic impact report covered the per capita costs for students in school and where funding would come from for additional facilities to built. Mr. Jones stated the report does not adequately address that. Zn response to questions of Mr. Edwards, Mr. Jones admitted the report did not cover: expansion of the Carrollton Volunteer Fire Department, jail debt services, and sales tax. Rev. James H. Johnson, resident of Route 3, Box 61, Carrollton, appeared on behalf of citizens who signed a petition in favor of the project, which he presented to the Board. Rev. Johnson stated. he is in favor of progress in this County; that there is a need for County housing, sewer and water systems and stated he hoped the Board would approve this project. George Braswgll, resident on Route 711 in Carrollton, spoke in favor of the proposed sewer system, stating he did not see how it could be separated from the King's Colony project. Mark Brown, nearby resident, spoke in favor of the proposed project stating. that his grandfather had sold lots to many of those opposing the project and if his grandfather had had their attitude they wouldn't be living in Isle of Wight County. Leonard Willis, property owner in the County since 1973, stated growth is coming and he wculd prefer to see it. in an orderly manner and does not feel you can separate the sewer and rezoning issue. Mr. Willis stated if the Board to reversed its decision it could possibly necessitate a law suit. David Hardy, County resident, spoke in favor stating that frming was -causing more harm to the environment through pesticide$ and herbicides than development would cause. He felt the development would encourage commercial development between Smithfield and the James River Bridge which would benefit all the people in the County. Bishop K. D. Johnson, Pastor of Sweethaven Holy Church of God, spoke in favor of the sewage and water system. County Attorney Crook advised the Board that in order to rezone the proposed property it would take an affirmative vote of three Boardmembers, that a tie vote would defeat the motion. County Attorney Crook further stated that it is very likely this will end up in court; that in order to justify rezoning there would have to be a mistake concerning facts or a change in circumstances. County Attorney Crook informed the Board members that he has done some research and has written the Attorney General for her opinion. If the Attorney General rules that .impact fees are not enforceable, that would be a mistake that would justify rezoning, stated Mr. Crook. Mr. Crook continued stating that in order for the Board to obtain the economic information that they need, the report presented does not address that issue, the Board should have an independent study conducted to determine if the proffered fees are adequate to offset the cost of capital improvements generated by the project. County Attorney Crook stated the Board should have the Attorney General's opinion and the economic study prior to taking action on the proposed project. Supervisor~Bradshaw expressed concerns relative to no taxes being paid by mobile homes and sewer problems in the County. Supervisor Turner expressed .concerns relative to the misunderstandings published in the newspapers, such as sewage; need for balanced growth; and sewage needs in Carrollton, Franklin and Windsor areas. eo~~~ 14 r~~:262 Supervisor Bradshaw moved the Board table action on the proposed application until the March 2, 1989 meeting. The vote In favor was unanimous (5-0). Supervisor Edwards expressed concern regarding the traffic study. Supervisor Edwards as a member voting in favor of the motion moved to reconsider the motion to table action on the proposed application until March 2, 1989 •so as to move to table the proposed application to the March 16, 1989 meeting, a night meeting. The motion to reconsider passed unanimously (5-0). Mr. Edwards moved the Board request an independent study relative to economic impact of the. proposed project; a traffic impact study by the Virginia Department of Transportation, and the table action on the rezoning to the March 16, 1989 meeting of the Board. The motion carried unanimously (5-O). // At 9:20 P.M. Supervisor Bradshaw moved the Board have a ten minutes recess, which passed unanimously (5-O). The Board reconvened at 9:45 P.M. // Assistant County Administration/Community DeYelopment, W. Douglas Caskey, presented the following conditional use permit applications for the Board's consideration: 1. The application of Ralph S. House and Charlotte A. House for a conditional use permit to locate a mobile home for thirty six months while building a residence on 11.623 acres of land located on the west side of Route 652, between Routes 644 and 600, in Newport Magisterial District. No one appeared in favor or opposition. The Planning Commission voted unanimously to recommend approval, said Mr. Caskey. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to approve the application of Ralph S. House and Charlotte A. House for a conditional use permit to locate a mobile home for thirty six months while building a residence on 11.623 acres of land located on the west side of Route 652, between Routes 644 and 600, in Newport Magisterial District. 2. The application of Fred E. Atchley for a conditional use permit to extend existing mobile home approval for an additional thirty six months while building a residence on 30.34 acres of land located on the east side of Route 615, between Routes 258 and 611, in Windsor Magisterial District. • No one appeared in favor or opposition. The Planning Commission voted unanimously to recommend approval, stated Mr. Caskey. Supervisor Bradshaw moved the Board approve the application of Fred E. Atchley for a conditional use permit to extend existing mobile home approval for an additional thirty six months while building a residence on 30.34 acres of land located can the east side of Route 615, between Routes 258 and 611, in Windsor Magisterial District. The motion carried unanimously (5-0). The following subdivision plats were presented by Mr. Caskey for the Board's consideration: 1. Subdivision plat of the property of Marvin M. Pulley, Jr. and George R. Pulley, 23.672 acres of land located on Route 6.49, in Hardy Magisterial District. Mr. Caskey stated the lots will be served by individual wells and septic tank systems; the Isle of Wight County Health Department has reviewed the plat and found the soils generally suitable for septic tanks Health Department and approval will be granted on a lot by lot basis as building plans are submitted. D 1 a~, ~ ~~ -~,,-263 1 1 Mr. Caskey continued stating the plat has been reviewed and approved by the Virginia Department of Transportation and the Department of Community Development. The Planning Commission recommended approval byh unanimous vote, stated Mr. Caskey. On motion of Supervisor Bradshaw, the Board voted unanimously (5-0) to approve the subdivision plat of the property of Marvin M. Pulley, Jr. and George R. Pulley, 23.672 acres of land located on Route 649, in Hardy Magisterial District. 2. Plat of the subdivision of the Isle of Wight Industrial Park, Lots 1-14 ,.'Routes 10 and 32, Newport Magisterial District. Mr, Caskey .stated the central well system has been reviewed by the Department of Public Utilities and has received conditional approval; final approval will be granted when technical data resulting from a test well is completed and submitted. Mr. Caskey continued stating the Smithfield Volunteer Fire Department has reviewed the engineering plans and requested further information relative to specific building types, as may be proposed';. the developer has stated that fire protection will be the responsibility of individual lot owners since building types, usage and occupancy information required by the Fire Department will not be determined until lots are sold and parcels developed. The erosion and sedimentation control plans have been approved by the Soil Conservation Service, said Mr. Casket'. The Isle of Wight County Health Department has reviewed the plat and found the soils generally suitable for septic tanks; however, the permits will be issued on a lot by lot basis as building plans are submitted, stated Mr. Casket'. The Department of Community Development has reviewed and approved the plans and plat for compliance with the County Zoning and Subdivision Ordinances, and building setbacks are to be determined in conjunction with the Health Department, as provided in the Zoning Ordinance, said Mr. Casket'. Mr. Caskey continued stating the Virginia Department of Transportation is currently reviewing the most recent revisions to the engineering plans, and the Highway Department has given a verbal approval; however, the plat will not be signed by the County agent until final written approval is obtained. The Planning Commission unanimously recommended approval, said Mr. Caskey.. Supervisor Turner stated he had a conflict of interest in the proposed plat and did not participate in the discussion or voting. Supervisor Ross moved the Board approve the plat of the subdivision of the Isle of Wight County Industrial Park, Lots 1-14, Routes 10 and 32, Newport Magisterial District. The motion carried (4-0-1) with Supervisors Bradby, Ross, Bradshaw and Edwards voting in favor and Supervisor Turner abstaining. Mr. Casket' asked for the Board's consideration of a resolution relative to discontinuing a section of road as a part of the State secondary system, known as Route 1603, between Route 617 and Route 691, a distance of 0.13 miles. On motion of Supervisor Edwards, the Board unanimously (5-0) adopted the following resolution discontinuing a section of road known as Route 1603, between Routes 617 and 691, a distance of 0.13 mile: RESOLUTION 1 WHEREAS, the Virginia Department of Transportation in compliance with resolution dated May 21, 1987 discontinued a section of Road as a part of the State Secondary System; this section of road was known as Secondary Route 1603, between Route 617 and Route 691, a distance of 0.13 mile. WHEREAS, the provisions of Section 33.1-148 of the Code of Virginia pertaining to Secondary Road Abandonment having been carried out by posting of notice to hold a public hearing concerning the abandonment of a section of Isle of Wight County Route 1603; and, since said section is no longer a public necessity the Board of Supervisors hereby resolves that said section of Isle of Wight County Secondary Route 1603 between Route 617 and Route 691, a distance of 0.13 mile be abandoned. ~a~ ~~ ~.~ r~~'zf4 ° Length: 0.13 mile // Supervisor Turner moved the agenda be amended to "next discuss Item VII, Old Business, the rezoning application of Newport Investments and Micahel Orlando, tabled at the December 15, 1987 meeting. The vote in favor was unanimous (5-0). The Chairman called for consideration of the following application: The application of Newport Investments, owner, and Michael Orlando, prospective owner/lessee,°for a change in zoning classification from A-2, Agricultural General, to CB-1, Conditional Business General, approximately 15 acres of land located off the west side of Route 17.~ between Routes 661 and 662, in Newport Magisterial District. The purpose of the application is for a recreational facility and accessory uses. William H. Riddick, attorney representing the .applicants, appeared and presented the following proposed options which resulted from a meeting with the citizens and Supervisor Turner, for the Board's consideration: 1. Rezone the property to B-1 Conditional pursuant to the original request and proffered conditions. 2. Rezone that portion of the property lying immediately behind the property on Route 17 presently zoned B-1 from A-2 to B-l Conditional. Area to be rezoned would be equal in width to the property lying on Route 17 and would extend 300' toward rear of property. Also., the dwelling presently located on the property would be zoned B-1 Conditional for a period of 3 years. 3. Rezone the entire tract to B-1 Conditional with the exception of a 135' portion of the property running along the rear property line adjacent to Cannon Acres. This 135'°~ortion would remain A-2. No buildings or parking i~"to be located within the 135' area. All proffers and conditions would apply except that no outdoor music festivals would be permitted. Michael Orlando stated they had tried to change their plans to meet with all the concerns of the Cannon Acres residents and nearby residents. Mr. Orlando stated that he. believed option #3 would best serve everyone's concerns, as well as his requirements to provide a first class facility for all area residents to enjoy. Mr. Orlando continued stating that if option #3 were approved the following shall become binding as conditions of approval: (1) outdoor music concerts - delete and exclude outdoor music concerts, (2) lights and noise - expand the buffer zone between Cannon Acres and The Hawks Nest to 15 'feet and place 3 rows of pine trees along the entire fence line, ~3) parking - there shall be no parking permitted within 300 feetaof the fence line along Cannon Acres, (4) what if Orlando's business fails - for 120 feet along the entire fence line of Cannon Acres, the zoning will remain A-2, just as it is present~iy zoned, the 120 feet would act as a substantial .buffer zone for whatever was placed on the property, (5) pool tables - limit the number of pool tables to 3, (6) video games - limit the number of video games to 12, (7) the indoor facility, when constructed, shall be at least 300 feet away from the'°fence line along Cannon Acres, (8) the present house, which is approximately 180 feet from the Cannon Acres fence line, would be used for the business part of the facility only until the indoor facility is constructed, the house will then be converted .into a locker and shower room facility to serve the swimming area (this is why the jucuzzi is close to the present house, and (9) the mini-golf course would be located at least 150 feet from the Cannon Acres fence line. Mr. Orlando urged the Board to approve option #3. County Attorney Crook asked Mr. Riddick if his client was reducing the acreage to be rezoned, to~which Mr. Riddick replied yes. However, Mr. Riddick stated the proffers had not been changed. County Attorney Crook advised- the Board that the changes were within the law as to previous notice and it would not be necessary to give another notice for another public hearing.. 1 BD~K ~~ •Ai;'~.US 1 John Parker, Cannon Acres resident, appeared in opposition stating that they were in the process of forming a homeowners association and they do not feel the proposed rezoning is compatible with their subdivision. He expressed concerns relative to the buffer zone, tennis courts, noise, lights, security, traffic, and the effect on their property values. Mr. Parker asked the Board to deny the application. Barbara Edwards, adjacent landowner, appeared in opposition. Mrs. Edwards stated she did not want anyone in her yard, that Mr. Orlando was deceiving the citizens, and expressed concern regarding the need for proper supervision and security and an adequate fence as a buffer. Mrs. Edwards asked the Board to deny the application. J. D. Aires, nearby resident, appeared in apposition, expressing concern relative to noise and trespassing on adjacent properties by youths using the facility. John Richards, Cannon Acres resident, appeared in opposition. He asked Mr. Orlando how he proposed to pay for the facility, to which Mr. Orlando replied, "Personal and membership fees". Mr. Richards stated this is a residential area and should be kept that way. Mr. Richards asked the Board to deny the application. Sherry Neff, resident at 209 Cannon Drive, appeared and stated she was-not in favor of the request being approved. Mrs. Neff expressed concern relative to noise, traffic, adequacy of afence as a buffer, easy access to the facility, will not improve the value of her property, vandalism and drugs. Mrs. Neff requested the. application be disapproved. Michael Moughamian, Cannon Acres resident, appeared in opposition expressing concern relative to music festivals and police protection. Mr. Moughamian asked the Board to deny the application. Randy Wallace, Cannon Acres resident, appeared in opposition. Mr. Wallace expressed concern regarding noise, no privacy, and the adequacy of buffer zone. Mr. Wallace asked the Board to deny the application. Don Marois, Cannon Acres resident, appeared in opposition expressing concerns regarding billard parlors, dance hall, arcade room, plans for future sports arena to seat 1,500 people., inadequate buffer zone and no privacy fence. Mr. Marois stated he feels the rezoning application should be turned down.. 1 Following discussion, Supervisor Turner asked County Attorney Crook what Mr. Orlando could do under the present zoning. County Attorney Crook replied that the corner zoned B-1 is open to any activity under that zone and the rest which is zoned A-2 can be used for parks, recreation and playground activities Mr. Orlando desires. Also the house could be used as a general store as defined, in the zoning ordinance.. Chairman Bradby stated he feels the facility should be located at the Nike Park area. ..Supervisor Ross feels it is better to have some control over the facility rather than deny the application and not be able to have any control. Supervisor Turner moved the Board table action on the proposed application until the February 16, 1989 meeting in order to further study and try to reach a working solution with the applicant and residents. The vote in favor was unanimous (5-0). // Supervisor Edwards moved the Board direct County Attorney Crook to prepare a draft ordinance relative to tax exemption for rehabilitated property. The motion carried (4-1) with Supervisors Ross, Bradby, Edwards and Turner voting aye and Supervisor Bradshaw voting nay. On motion of Supervisor Turner, the Board voted unanimously (5-O) to approve a business tax refund to Eley Landscaping, in the amount of $116.23, as requested by the Commissioner of Revenue. aJ~~l! ~ i ~NIrM ~~ Supervisor Edwards moved the Board accept the deed of easement for a water line in Zuni from Frederick G. and Virginia P. Carr and authorized Chairman Bradby to sign same. The motion carried unanimously (5-0). // On motion of Supervisor Turner, the Board voted unanimously (5-0) to support improvements to the Jamestown/Scotland Neck ferry system. . On motion of Supervisor Ross, the Board voted unanimously (5-O) to adopt the following resolution accepting and appropriating $4,578 from the Commonwealth of Virginia for the One For Life Program: RESOLUTION TO ACCEPT AND APPROPRIATE .FOUR THOUSAND FIVE HUNDRED SEVENTY EIGHT DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE ONE FOR LIFE PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has been awarded reimbursement from the Commonwealth of Virginia for the One For Life Program during the fiscal year 1987-88, and WHEREAS, funds in the amount of Four Thousand Five Hundred Seventy-Eight Dollars ($4,578.00) are needed to be appropriated to the Isle of Wight Rescue Squad and Windsor Rescue Squad, line items in the 1988-89 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 Four Thousand Five Hundred Seventy-Eight Dollars ($4,578.00) be appropriated to line items 3202-5604A, Isle of Wight Rescue Squad ($2,289.00) and 3203-5604B Windsor Rescue Squad ($2,289.00) in the 1988-89 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 for this program and to do all the things necessary to give this resolution effect. On motion of Supervisor Turner, the Board voted unanimously (5-0) to adopt the following resolution to accept and appropriate six thousand two hundred seventy-five dollars from the Commonwealth of Virginia, Department of Housing and Community Development, for the Residential Shoreline Sanitation Program: RESOLUTION TO ACCEPT AND APPROPRIATE SIX THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, FOR TkE RESIDENTIAL SHORELINE SANITATION PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded a grant from the Commonwealth of Virginia, Department of Housing and Community Development, for the Residential Shoreline Sanitation Program, and WHEREAS, the funds in the amount of Six Thousand Two Hundred Seventy-Five Dollars ($6,275.00) to be received from the Commonwealth of Virginia, Department of Housing and Community Development need to be appropriated to the Shoreline Sanitation, Contracted Services line item in the 1988-89 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 Six Thousand Two Hundred Seventy-Five Dollars ($6,275.00) to be received from the Commonwealth of Virginia, Department of Housia~g and Community Development be appropriated to line item 28-5115-3002, Shoreline Sanitation, Contracted Services, in the 1988-89 budget of the County of Isle of Wight. 1 1 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight,' Virginia is authorized to make aooK ~.4.~~:267 1 r~ the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. On motion of Supervisor Ross, the Board voted unanimously 5-0) to adopt the following resolution to appropriate twenty-six thousand eight hundred forty-seven dollars from the unappropriated fund balance for supplemental funding of Constitutional Officers salary accounts: RESOLUTION TO APPROPRIATE TWENTY-SIX THOUSAND EIGHT HUNDRED FORTY-SEVEN DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE FOR SUPPLEMENTAL FUNDING OF CONSTITUTIONAL OFFICERS SALARY ' ACCOUNTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received notification from the State Compensation Board that effective January 1, 1989, Constitutional Officers and their personnel will receive a salary increase, and ' WHEREAS, funds in the amount of twenty-six thousand eight hundred forty-seven dollars ($26,847.00) are needed to be appropriated to the Commissioner of Revenue, Treasurer, Sheriff, Clerk of Circuit Court and Commonwealth's Attorney line items in the 1988-89 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that the Board of Supervisors of the County of Isle of Wight, Virginia that twenty six thousand eight hundred forty-seven dollars ($26,847.00) be appropriated to line items 11-1209-1001, Commissioner of Revenue, salaries ($3,126.00); 11-1213-1001, Treasurer, salaries ($1,994.00); 11-2106-1001, Clerk of Circuit Court, salaries ($2,882.00); 11-2201-1001, Commonwealth's Attorney, salaries ($3,745.00); and 11-3102-1001, Sheriff, salaries ($15,100.00) in the 1988-89 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 account adjustments in the budget and to do all the things necessary to give this resolution effect. On motion of Supervisor Turner, the Board voted unanimously (5-0) to adopt the following resolution to appropriate sixty thousand thirty-seven dollars from the unappropriated fund balance of the general fund, for final payment of revenues collected in the Isle of Wight/City of Franklin revenue sharing area: RESOLUTION TO APPROPRIATE SIXTY THOUSAND THIRTY-SEVEN DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR FINAL PAYMENT OF REVENUES COLLECTED IN THE ISLE OF WIGHT/CITY OF FRANKLIN REVENUE SHARING AREA WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has entered into an agreement with the City of Franklin for the sharing of revenues collected in the Isle of Wight/Franklin Revenue Sharing Area, and WHEREAS, the funds in the amount of sixty thousand thirty-seven dollars ($60,037.00) need to be appropriated to the City of Franklin, Revenue Sharing line item in the 1988-89 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 sixty thousand thirty-seven dollars ($60,037.00) be appropriated to line item 11-9105-9999, City of Franklin, Revenue Sharing in the 1988-89 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 the things necessary to give this resolution effect. County Administrator Standish informed the Board members and citizens that there would be a public briefing on the proposed horse race track on Tuesday, January 24, 1989, at 7:00 P. M. in the Board of Supervisors Room. // On motion of Supervisor Edwards, the Board voted unanimously (5-0) to direct County Attorney Crook to prepare a proposed ordinance relative to the restriction of use of high power rifles being used to hunt in Isle of Wight County. // Chairman Bradby moved the Board appoint Roger Ealy to serve another term as a member of the Isle of Wight Historical Architectural Advisory Committee, contingent upon his acceptance. The motion carried unanimously (5-O). Supervisor Bradshaw moved the Board appoint Charles Powell to serve another term as a member of the Isle of Wight Historical Architectural Advisory Committee, contingent up his acceptance. The vote in favor was unanimous (5-0). On motion of Supervisor Edwards, the Board voted unanimously (5-0) to appoint W. E. Garrison, Jr. to serve another term as a member of the Isle of Wight Historical Architectural Advisory Committee, contingent upon his acceptance. // On motion of Supervisor Turner, the Board unanimously (5-0) approved the December 15, 1989 minutes of the Board of Supervisors. // Supervisor Ross moved the Board go into executive session to discuss with legal counsel and staff members negotiations for contractual agreements. The vote in favor was unanimous (5-0). Upon returning to open session, Supervisor Ross moved the Board accept the bid and approve the contract of Redman/Johnson to develop a Comprehensive Land Use Plan and Comprehensive Zoning Ordinance. The motion carried unanimously (5-O). // At 11:37 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-O). ~~-~i-~-G~'v v Henry ra by, ChaiTi~man Myles Standish, Clerk ' 1 1