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07-06-1989 Regular Meeting.. BOOK ~ 4 rAC~,J 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF JULY IN THE YEAR NINETEEN HUNDRED EIGHTY NINE. PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman .Steven W. Edwards (]-eft at 1:21 P.M.) Thomas L. Ross Ricrard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development William L. McKay, Jr., Planner David J. Murphy, Public Utilities Director Sheriff C. W. Pb.elps Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 2:03 P. M. The invocation was given by Supervisor Bradshaw. // On motion of Supervisor.. Ross, the Board voted unanimously (5-0) to amend the agenda to ,recognize Herbert W. DeGroft for his exemplary services on the Paul D. Camp Community College Board. Chairman Bradby read and presented the following resolution to Mr. DeGroft: RESOLUTION RECpGNIZING MR. HERBERT W. DEGROFT FOR EXEMPLARY SERVICES ON THE PAUL D. CAMP COMMUNITY COLLEGE BOARD 1 WHEREAS, the Paul D. Camp Community College plays an incalculable role in the provision of opportunities for higher education for the residents of Isle of Wight County; and WHEREAS, the outstanding accomplishments of the Paul D. Camp Community Co lege are the result of the commitment of its students, staff, administration and, most importantly its Board of Directors; and WHEREAS, .one of the most outstanding Board members has been Herbert W. .DeGroft, who has served with commitment and accomplishment on the Board from.•7uly,:_. 1981 through June 1989, and as chairman of the Board between 1987 and 1989. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of'Isle of Wight County does hereby recognize and express its most sincere appreciation to Herbert W. DeGroft for his continued dedication to the ideals of higher education through eight years of service to the community as a member of the Paul D. Camp Community College Board. 1 BE IT FURTHER RESOLVED that this resolution be presented to Herbert W. DeGroft at the regular meeting of the Board of Supervisors of July 6, 1989, and copies be forwarded to the Paul D. Camp Community College, State Board ~f Community Colleges, and that a copy be included in the minutes of the meeting of the Board of Supervisors. // Supervisor Edwards moved the Board amend the agenda in order for Caunty Attorney Crook to discuss a proposed regional jail facility. The vote in favor was unanimous. (5--0). anon 14 ~~~=362 County•Attorney Crook stated the regional jail concept has resurfaced as a result of a change in the statute by the General Assembly removing the cap on regional jails State funds matching county/city funds. As you know we explored this concept sometime ago and the City of Suffolk indicated they wanted to proceed with their own jail, and so we had a number of meetings with the Department of Corrections, the City of Franklin and Southampton County concerning a regional jail. At the time the cap on the State funds per jurisdiction was $600,000 dollars. Southampton County withdrew from the regional jail and the City of Franklin had to follow suit since Franklin is with Southampton County under the jurisdiction system. Now, the General Assembly has removed the cap on State funds so that• the State will pay 50$ of a regional jail. Suffolk has inquired of the County if we would be interested in a regional jail at the present site in Suffolk. Mr. Crook stated he understands that the City of Franklin and Southampton is also, not by any written request, but has indicated some interest in a regional jail again. As it now stands the State funds would pay up to half of the cost. of the regional jail and the•regional jail would be under a board directed by the jurisdictions involved to operate the jail. Mr. Crook continued stating he has correspondence from the City Attorney from the City of Suffolk and .that County Administrator Standish has correspondence from the Mayor of the City of Suffolk inquiring as to the interest of the County in participating in a regional jail. It would be in order for the Board to take action at this time to set up a meeting, with representatives of governing bodies, to discuss this possibility. Mr. Crook reminded the Board that time is of the essence because the Department of Corrections, in order to include any request in their budget to get to the General Assembly, wants that by August of this year.. Mr. Crook stated if the Board was interested in responding and meeting with the City of Suffolk, the Board needed to take action and also if the Board is interested in renewing discussions with Southampton and the City of Franklin you .need to. take some action. Supervisor Bradshaw stated he would like to have discussions with the City of Franklin and Southampton, as well as the City of Suffolk. County Attorney Crook stated that the situation with the City of Suffolk, regional jail requires three jurisdictions unless it qualifies for a regional jail prior to December of 1982. The question then is, does the City of Suffolk jail constitute a regional jail in order to have the 50~ participation from- the State. Mr. Crook continued stating that he had talked with Carlton Bolte, of the Department of Corrections, and he qua fifes his remarks by saying he is a not an attorney, but he does indicate that he feels Isle of Wight and the. City of Suffolk have participated as a regional jail and would qualify under that exception. If we did not we would not have the 50% funding, we would have the statutory cap that we had before, although it has been increased somewhat, depending on the size of the jail, but it would not be anything like what we would get as a regional facility. Supervisor Turner stated he had talked with some Councilmen from the City of Suffolk and he feels the County should keep all doors open and look at all possible factors. Supervisor Turner suggested that each jurisdiction appoint a committee to meet regarding the regional jail due to the fact it would be easier to get a committee together rather than the entire governing bodies. Chairman Bradby concurred with Supervisor Turner's suggestion. County Attorney Crook stated that if the Board is interrested in going with tha regional jail in Suffolk we would need to get a determination from the Department of Corrections who would be advised. by the Attorney General's Office whether we qualify as a regional jail. If we f. sooK ~4 ~ACf~3fi3 consider Southampton County, the City of Franklin and the City of Suffolk, then we .are going to be looking at a new site problem. 1 Supervisor Turner moved the Board authorize County Attorne}~ Crook to get a determination from the Department of Corrections as to whether the City of Suffolk fail would qualify. The vote in favor was unanimous (5-0). Chairman Bradby moved that Supervisor Turner, County Administrator Standish and County Attorney Crook and himself serve as the committee. to meet with the City of Suffolk, City of Franklin anal/or Southampton County .regarding the proposed regional jail facility. The motion passed by unanimous (5-0) vote of the Board. On motion of Supervisor Bradshaw, the Board voted unanimously (5-O) to authorize County Administrator Standish to send a formal letter to Southampton County and the City of Franklin requesting a meeting regarding a regional jail, as well as an appropriate response to the City of Suffolk. // Supervisor Edwards left the meeting: at 1:21 P.M. because he was i11 and did not return. // Chairman Bradby informed R. W. Coates, Resident Engineer with the. Virginia Department of Transportation, that the bushes need 'to be cut along Route 628 going to the County. line which is used by the' nuclear power station. Mr. Coates advised Chairman Bradby that the bushes should have been cut last week, but he would check on the status. U Chairman Bradby also asked Mr. Coates to have a speed study done in an of-fort to reduce s~,eed on Route 628, to which Mr. Coates replied, he would ask the. traffic engineer to do the same. R. L. Walker, .representing the Central Hill Community Club, asked for the Department of Transportation's help with ditch drainage problems and debris to be removed from property owner' land which came from ditches which the Department of Transportation cleaned out on Route 1304. Mr. Walker further stated that if the Community does not get the proper assistance from the Department of Transportation they will take more steps. Mr. Coates replied to Mr. Walker's complaints stating that the Department-has only 14 people that work in Isle of Wight County and the City of Suffolk and the workers cannot stay in that particular area. Mr. Coates further stated the Department has not had the opportunity to do all they want to do in that area, but they are working there as time permits. Supervisor Bradshaw asked Mr. Coates to contact William H. Barrett relative to a driveway drainage problem in the Carrsville area. // Chairman Bradby called for a public .hearing on the 1989-90 Secondary Road Improvements Allocation. D County Administrator Standish stated the public hearing was to consider the next fiscal year budget and projects for the next year. R. W. Coates, Resident Engineer, Department of Transportation, made a presentation to the Board on VDOT's recommendations for the construction budget and priority list as follows: construction budget: aoaK ~.4 ra~~f364 Regular construction allocation Unpaved road allocation Net funds for distribution Distribution: Incidental improvements Numbered projects: 8 Regular improvements Unpaved road improvements Total allocation $ 931,477 161,589 $1,093,066 $ 83,500 847,977 161,589 $1,093,066 Secondary System Construction Budget: Route 8003 Project 5601 - traffic and safety services $2,000 Route 8000 Project 5603 - rural addition $25,000 Route 8005 Project 5604 - entrance pipe installation $35,000 Route 8012 Project 5605 - survey and preliminary engineering $2,000 Route 8014 Project 5606 - fertilization and seeding $2,000 Route 8015 Project 5607 - district design support $7, 500 Route 636 Project 5300 - drainage Town of Windsor $10,000 Total Incidental Improvements - $83,500 Route 704 from .1 mile west Route 671 to .46 mile east Route 671 $80,758, relocation Route 620 from Route 258 to Route 654 $163,347, widen and improve existing roadway Route 620 from Route 654 to Route 655 $114,000, reconstruction Route 661 from .34 mile north Route 17 to 1.24 miles north Route 17 $156,413 relocation Route 665 from Route 668 to Route 704 $163,459 gr., dr., stab., pm widen and restoration Route 709 from Route 258 to Route 679 $170,000 Total regular numbered Project Improvements - $847,977 Route 644 from Route 258 to Route 637 $49,000 Route 647 from Route 620 to Route 637 $112,589 Total Unpaved Road Numbered Projects - $161,589 Construction Grand Total $1,Q93,066 Chairman Bradby expressed concern relative to the portion of Route 646 from Ra tlesnake Bridge and asked if road construction improvements could run up to the property line and be worked in with the proposed work now in progress. Mr. Coates stated it would have to be put in the Six Year Plan and come from revenue sharing funds or it can be put in the budget to be funded by the County. Supervisor Bradshaw asked if work on Route -614 from Walters was in this year's budget, to which Mr. Coates replied no. On_ motion of Supervisor Turner, the Board voted unanimously (4-0) by the Board members present to adopt the following resolution accepting and approving the Isle of Wight County Priority List for the 1989-9.0 secondary system construction budget. A RESOLUTION ACCEPTING AND APPROVING THE ISLE OF WIGHT COUNTY PRIORITY LIST FOR THE 1989-90 SECONDARY CONSTRUCTION BUDGET WHEREAS ,-.the Isle of Wight County Board of Supervisors and the Virginia Department of Transportation held a public hearing on Thursday, July 6, 1989, to solicit citizens' comments and recommendations concerning the County's Priority List for the 1989-90 Secondary Construction Budget; and r.. B QQI\ ~ 1 i~~~r~~~J WHEREAS, comments and recommendations received from the aforementioned hearing do not warrant changing the Count's Priority List for the 1989-90 Secondary Construction Budget; NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors does hereby accept and approve the County's Priority List for the 1989-90 Secondary Construction Budget, hereto attached, and made a part hereof, reference thereto being hereby specifically made, which contains construction projects and railroad projects as presented to the Board. On motion of Supervisor Turner, the Board members present voted unanimously (4-O) to adopt the following resolution accepting and approving the Isle of Wight County 1989-90 Secondary Construction Budget. A RESOLUTION ACCEPTING AND APPROVING THE ISLE OF WIGHT COUNTY 1989-90 SECONDARY CONSTRUCTION BUDGET WHEREAS, the Board of Supervisors for the County of Isle of Wight, and the Virginia Department of Transportation held a public hearing on Thursday, July 6, 1989 to solicit citizens' comments and recommendations concerning the County's Six Year Plan and Priority List; WHEREAS, comments and recommendations received from the aforementioned hearing do not warrant changing the County's Priority List for the 1989-90 Secondary Construction Budget; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for Isle of Wight County does hereby accept and approve the Secondary Construction Budget, hereto attached, and made a part hereof, which contains construction projects as presented to the Board. Mr. Coates informed the Board members that the survey relative to Route 600 from Route 10 to Longview should be completed shortly and he would provide a report to County Administrator Standish as soon as possible. // The Chairman called for a public hearing ,on the following rezoning applications: 1. The application of H. W. Roberson Company, Inc. for a change in zoning classification from A-l, Agricultural Limited, to Conditional B-1, Conditional Business General, approximately fifty-five acres of land located on the east side of Routes 10 and 258, between the Smithfield Corporate Limits and Routes-32 and 258, in Newport Magisterial District. The purpose of the application is for retail and commercial uses permitted in a B-1 zone, as limited by proffered conditions. Rodham T. Delk, Jr., attorney appeared to represent the applicant and stated nothing had been changed except the addition of the 400 foot fence as requested by adjoining property owner Phillip Edwards. Supervisor Turner moved the Board approve the application of H. W. Roberson Company, Inc. for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General, approximately fifty-five acres of land located on the east side of Routes 10 and 258, between the Smithfield Corporate Limits and Routes 32 and 258, in Newport Magisterial District. The motion carried unanimously (4-0) by the Board members present. 2. The application of John R. Spivey, et al for a Ho~K 14 ~~~r366 change in zoning classification from A-1, Agricultural Limited, to C-R-A, Conditional Rural Residential, approximately 14 acres of land located on the west side of Route 612, between Routes 609 and 633, in Windsor Magisterial District. The purpose of the application is for no more than a total of five single family residential lots, including the existing parcel and proposed addition thereto. Ed Moyler, attorney representing the applicants, appeared and stated the Planning Commission did not look favorably on the application but he felt the Planning Commission rejected it because they• did not have the knowledge at the time that the applicants could subdivide the property without rezoning it. Mr. Moyler asked the Board to look favorably on the application. Lud Lorenzo Spivey, Windsor resident, expressed concern relative to strip zoning and a possible boundary dispute of adjoining property belonging to his mother and aunt. Following discussion, County Attorney Crook offered his assistance in making a determination of the boundary property which is in question, prior to the Board's action on the application. Supervisor Turner moved the Board return the application of John R. Spivey, et al for a change in zoning classification from A-1, Agricultural Limited, to C-R-A, Conditional Rural Residential, approximatley 14 acres of land located on the west side of Route 612, between Routes 609 and 633, in Windsor Magisterial District, to the Flanning Commission in order for County Attorney Crook to make a determination and recommendation to the Planning Commission on the possible boundary line disputes. The vote in favor was unanimous (4-0) by the Board members present. 3. The application of Colonial Trading Center for a change in zoning classification from A-1, Agricultural Limited, to Conditional M-1, Conditional Industrial Limited, four acres of land located west of Route 17 and south of Route 659, in Newport Magisterial District. The purpose of the application is to allow a wholesale/retail business including storage of landscaping materials and equipment, an office trailer and a business sign. A. L. Jones, Jr., attorney representing the applicants, stated they had worked with Evelyn Chandler of the Planning Commission in working up proffers acceptable by the Planning Commission, reducing the original acreage from 9.7 acres to 4 acres to be rezoned and that the M-1 zone would only apply so long as Mr. Hicks business is in existence and the lease will become non-existent when Mr. Hicks and Mr. Bartlett terminate their business deal. Mr. Jones stated the following proffers apply to the rezoning request: (1) A change in acreage from 9.7 to approximately 4 acres of land, which is leased to Mr. Simon Hicks for his wholesale/retail topsoil business, (2) The request is for M-1, for as long as Mr. Hicks or his son have lease of the land for the aforementioned business, (a) In the event the lease is broken by Mr. Hicks or Mr. Bartlett, or Mr. Hicks ceases to do business on said property, the zoning will revert to A-1, (3) Mr. Hicks' hours of operation are as follows: Daylight saving time 7 A.M. to 7 P.M., eastern standard time 7 A.M. to 6 P.M. and days of operation Monday-Saturday, (4) Buffer: the approximately one block of area that needs a buffer to block operation from Highway 17 wall be filled in with six pine trees that will stand six feet tall when planted, (5) Mr. Hicks' sign will be off of Route 659 and Route 17 as required by the County, (6) Mr. Hicks will have placed on the property the following: an equipment container, a tool shed, a storage shed and an office trailer, a Spivey rental will also be placed on the property, (7) Mr. Hicks will paint all buildings a matching white and brown, (8) The BOCK 14 ~~~:~36? property will be used exclusively for the stockpiling of landscaping materials, including mulch, stone, topsoil and fill and the retail sale of same. No stockpile shall be more than eight feet in height and (9) Mr. Hicks' intention is to eventually gravel the roadway to keep down dust. Until such time, the roadway will be watered down. County Attorney Crook asked Mr. Jones is that watering on a daily basis, to which. Mr. Jones replied on an as needed basis. Carl Goodwin, adjoining property owner, appeared in opposition expressing concern regarding the dust, long hours of work, and traffic on the. road and asked the Board to deny the application. Chairman Bradby read the following letter of opposition: "The County Board of .Supervisors Sirs, Sorry we cannot attend the public hearing due to our work schedule, but we would like to voice our opinions in regards to Colonial Trading Centers application for rezoning. The present business that is being run on said property causes considerable amount of dust from the operation and overly loud music being played, which in a sense is a nuiance and agravation. It is also our understanding that threats have been made if the rezoning did not pass, due to complaints from adjoining property owners. We do not feel that we need this type of attitude in any business in our neighborhood or in the county. We realize that in this type of operation there will be some dust. But an excessive amount should be curbed with some type of buffer. The machinery and constant truck traffic does constitute a considerable amount of noise, and there should be some limit as to hours of operation, seeing as this is a residential community. We believe any business and or property owner living or working in close proximity with others should respect their views if not unfair and take appropriate action to correct any of these matters. Adjoining Property Owner s/Larry and Marie Ashby" Supervisor Bradshaw expressed his concern that Mr. Hicks was operating his business prior. to the Board approving the rezoning and asked Mr. Caskey what was being done about it. Mr. Caskey replied that stop-work orders had been issued by his Department and a warrant was served on Mr. Bartlett about five days ago. Following discussion and on motion of Supervisor Ross, the Board members present voted unanimously (4-0) to table action on the application of Colonial Trading Center for a change in zoning classification from A-1, Agricultural Limited, to Conditional M-1, Conditional Industrial Limited, four acres of land located on the west side of Route 17 and south of Route 659, in Newport Magisterial District, until the August 3, 1989 Board meeting in order to work out arrangements and operation of the business is to cease until the Board acts on the application and the owner and operator are to comply with issues of the warrant served on them about five days ago by the County. 4. The application of Clifford A. Brown for a special permit to allow residential use of the second floor of the New Hope Mini Mart, located on the ~ooK 14 ~~~:r3fi8 east side of Route 58, in Carrsville, Windsor Magisterial District, for security reasons. Clifford A. Brown appeared and asked the Board's favorable consideration of his application to provide security for the New Hope Mini Mart. Supervisor Bradshaw moved the Board approve the application of Clifford A. Brown for a special permit to allow residential use of the second floor of the New Hobe Mini Mart, located on the east side of Route 58, in Carrsville, Windsor Magisterial District, for security reasons. The vote in favor was unanimous (4-0) by the Board members present. // W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following conditional use permit applications for the Board's consideration: 1. The application of Colonial Trading Center for a conditional use permit to locate an office trailer on four acres of land located west of Route 17 and south of Route 659, in Newport Magisterial District. On motion of Supervisor Ross, the Board members present voted unanimously (4-0) to table action on the application of Colonial Trading Center for a conditional use permit to locate an office trailer on four acres of land located west of Route 17 and south of Route 659, in Newport Magisterial District until the August 3, 1989 Board meeting. 2, The application of Roy I. and Sara A. Annette for a conditional use permit to locate a mobile home for their son, Jimmy Annette and his family, on one acre of land located off Route 637, in Newport Magisterial District. Mr. Caskey stated the Planning Commission recommended approval by unanimous vote. Supervisor Turner moved the Board approve the application of Roy I. and Sara A. Annette for a conditional use permit to locate a mobile home for their son, Jimmy Annette and his family, on one acre of land located off Route 637, in Newport Magisterial District. The motion passed by unanimous (4-0) vote of the Board members present. 3. The application of David R. McCloud to extend conditional use permit for his mobile home for an additional twenty-four months, while building a residence off Route 624, in Hardy Magisterial District. Mr. Caskey stated the Planning Commission recommended approval by unanimous vote. Supervisor Ross expressed concern regarding the extension of the conditional use permit since it has been seven years since the original request. County Attorney Crook stated that. the Planning Commission expressed the same concern and were informed by the applicant and Mr. Caskey that construction has begun on the permanent dwelling. Chairman Bradb~ of David R. McCloud for an additional residence off Route vote in favor was prsent. ~ moved the Board approve to extend his use permit twenty-four months, wh 624 in Hardy Magisterial unanimous (4-0) by the the application his mobile home ile building a District. The Board members 4. The application of Kenneth W. Bunch to extend f. BQ~K 14 ~~~:~369 conditional use permit for his mobile home on 3.438 acres of land, located off Route 661, in Newport Magisterial District, for an additional thirty-six months while building a residence. Mr. Caskey stated the Planning Commission recommended approval of the application. Supervisor Ross moved the Board approve the application of Kenneth R. Bunch with the condition that construction begin in the Spring of 1990 or the permit will be revoked. The vote in favor was unanimous (4-0) by the Board members present. 5. The application of Leon S. Bunch, Jr. to extend conditional use permit for his mobile home for an additional thirty-six months, while building a residence off Route 661, in Newport Magisterial District. The Planning Commission recommended approval of the application, said Mr. Caskey. Leon S. Bunch, Jr. and Leon S. Bunch, Sr. advised the Board that construction of the residence had begun. Supervisor Ross moved the Board approve the~applicaticn of Leon S. Bunch, Jr. to extemd a conditional use permit ford his mobile home approval for an additional thirty-six months, while building a residence off Route 661, in Newport Magisterial District. The motion carried unanimously (4-O) by Board members present. 6. The application of Ashby Land Trust for a conditional use permit to locate two subdivision identification signs at least ten feet from the Route 17 right-of-way and at least ten feet from the right-of-way of Ashby Way at Ashby Subdivision entrance, on the west side of Route 17, in Newport Magisterial District. The Planning Commission recommended approval by unanimous vote, stated Mr. Caskey. Supervisor Turner informed the Board members he was one of the owners of the land in question and would not vote nor participate in the discussion. Supervisor Ross moved the Board approve the application of Ashby Land Trust for a conditional use permit to locate two subdivision identification signs at least ten feet from the Route 17 •right-of-way and at least ten feet from the right-of-way of Ashby Way at Ashby Subdivision entrance, on the west side of Route 17, in Newport Magisterial District. The motion passed with Supervisors Bradby, Bradshaw and Ross voting in favor and Supervisor Turner abstaining. 7. Contel of Virginia for a conditional use permit to allow the construction of a twenty-four feet by thirty-four feet unmanned remote switching station on approximately one acre of land located on Route 652, in Hardy Magisterial District. The Planning Commission recommended approval by unanimous vote, said Mr. Caskey. County Attorney Crook informed the Board members that Lawrence Pitt, of Contel, was present should they have any questions. On motion of Supervisor Turner, the Board members present voted unanimously (4-0) to approve the application of Contel of Virginia for a conditional use permit to allow the construction of a twenty-four feet by thirty-four feet unmanned remote switching station on approximately one acre of land located on Route 652, in Hardy Magisterial District. B~QK ~~ r~r~~ 1 O 8. The application of James Byrum, owner, and J. H. Communications, lessee, to locate an approximately three hundred and fifty foot radio tower to support an FM transmitter antenna and construct a ten by twelve foot unmanned building to house the transmitter, on 23.79 acres of land on Route 603, in Windsor Magisterial District. The Planning Commission recommended denial by unanimous vote, stated Mr. Caskey. Lud Lorenzo Spivey, Windsor resident,. appeared in opposition stating he was plagued by a very tall tower and feels it is a real hazard and does not want to see the Windsor area become another Driver area. Joseph Booth, J. H. Communications, informed the Board that the Federal Communications Commission (FCC) would determine where the radio station will be built, which will be a 343 watt station, the smallest that the communications system will allow. Mr. Booth continued stating that the radio station itself has been approved by the Federal government and is asking for the antenna which would be in Isle of Wight County. Supervisor Bradshaw moved the application of James Byrum, owner, and J. H. Communications, lessee, to locate an approximately three hundred and fifty feet radio tower to support an FM transmitting antenna and construct a ten by twelve feet unmanned building to house the transmitter, on 23.79 acres of land on Route 603, in Windsor Magisterial District be approved with the condition that the radio station for same be located in Isle of Wight County. Supervisor Turner questioned why the Planning Commission denied the application. Count Attorney Crook replied, stating the Planning Commission has heard everything the Board has heard and they turned it down because of the number of towers in the County and the location of the broadcasting facility not being located in the County. Supervisor Bradshaw's motion passed by unanimous (4-O) vote of the Board members present. // W. Douglas Caskey,. Assistant County Administrator/Community Development, presented the following subdivision plats for the Board's consideration: ,. 1. A subdivision plat of the property of Arnold B. Bartlett, 58,784 square feet of property located on Route 654, in Newport Magisterial District. Mr. Caskey stated the Planning Commission recommended approval by unanimous vote. On motion of Supervisor Turner, the Board members present voted unanimously (4-0) to approve the subdivision plat of the property of Arnold B. Barlett, 58,784 square feet of property located on Route 654, in Newport Magisterial District. 2. A subdivision plat of the property of Richard P. Robinson, Jr., 40,000 square feet of land located on Route 620, in Newport Magisterial District. The Planning Commission recommended approval by unanimous vote, said Mr. Caskey. Supervisor Turner moved the Board approve the subdivision plat of the property of Richard P. Robinson, Jr., of 40,000 square feet of land located on Route 620, in Newport Magisterial District. The vote in favor was unanimous (4-0) by the Board members present 1 1 1 aoaK 14 ~~.;~~71 ~~ At 4:30 P.M, Supervisor Bradshaw moved the Board recess, which passed unanimously (4-0). Supervisor Edwards was absent when the vote was taken. The Board reconvened at 4:41 P.M. // Mr. Caskey informed the Board that a letter had been received from Roger L. Duke asking the. Board to consider releasing him from any obligation in regard to improving Duke's Lane any further. Mr. Caskey related that Mr. Duke had agreed to maintain the property, as in the past, such as dragging the road, adding rocks and gravel as necessary, cleaning out ditches, etc., as well as future plans to put crushed materials over the road's surface at different intervals to allow the material to pack properly. County Attorney Crook stated he had received a letter from Jeffrey Gardy, attorney for Mr. Howell, who wanted the bond released. I advised him that the obligation of Mr. Howell was assumed by Mr. Duke, however, Mr. Duke has failed to provide the performance bond for the road and until he does so or unless the Board of Supervisors waives the requirement of the bond the County cannot release it. Mr. Crook continued stating that although the road is in pretty good condition, it is not in conformance ,with the requirement of the subdivision ordinance for the road, and the bond was required b~ the Board to ensure that the road would be built in compliance with the subdivision ordinance requirements. Following discussion, Supervisor Bradshaw moved the Board release the bond to Mr. Howell and let Mr. Caskey approve the plat from Mr. Duke. The motion carried unanimously (4-0) by the Board members .present. // On motion of Supervisor Bradshaw, the Board members present voted unanimously (4-0) to appoint Phillip Bradshaw, P. O. Box 1, Carrsville, Virginia, to serve as a member of the Reassessment Board to represent the .Windsor Magisterial District. County Attorney Crook stated the 1989 changes in the Freedom of Information Act are really significant in one in particular, the requirement following executive session, that when you return to open session, you have to adopt a motion to the effect that matters discussed in executive session were the matters enumerated in the motion to go into executive session, and any member that cannot vote for that motion has to state why, which pretty well makes the case against the other Board members for violation of the Freedom of Information Act. The changes did add provisioins for a couple of years for telephonic type meetings conducted over telephone, video type, but that is very experimental and a lot of conditions attached to that. However, this Board has never engaged in that type of meeting. The thing to keep in mind is that when you go into executive session, I think it would be advisable that I word the motion for the Board so that there will be specificity as what the topics will be and which provisions of the act they will come under, then you will have to adopt a motion on return to open session, a motion or a resolution, stating that was what was discussed. // On motion of Supervisor Turner, the Board members present voted unanimously (4-0) to adopt the following resolution to appropriate $17,581 from the Virginia Housing Development Authority for the Section 8 Housing Program. RESOLUTION TO APPROPRIATE SEVENTEEN THOUSAND FIVE HUPiDRED EIGHTY-ONE DOLLARS FROM THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY FOR THE SECTION 8 HOUSING PROGRAM eoa~ ~.4 ~~~:~372 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has. contracted with the Virginia Housing Development Authority for the Section 8 Program, and WHEREAS, the funds in the amount of seventeen thousand five hundred eighty-one dollars ($17,581) to be received from the Virginia Housing Development Authority need to be appropriated to the Section 8 Housing Program line item in the 1989-90 budget for the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that seventeen thousand five hundred eighty-one dollars ($17,581) to be received from the Virginia Housing Development Authority be appropriated to line item 40-5302-5899, Section 8~Housing Program contracted services in the 1989-90 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. Supervisor Ross moved the Board adopt the. following resolution to accept and appropriate $93,202 from the Virginia Department of Health for the Isle of Wight Public Health Services Program. The vote in favor as unanimous (4-0) by the Board members present. RESOLUTION TO ACCEPT AND APPROPRIATE NINETY-THREE THOUSAND TWO HUNDRED TWO DOLLARS FROM THE VIRGINIA DEPARTMENT OF HEALTH FOR THE ISLE OF WIGHT COUNTY HEALTH SERVICES PROGRAM WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has been awarded a grant with the Virginia Department of Health for the Public Health Services Program, and WHEREAS, the funds in the amount of ninety-three thousand two hundred two dollars ($93,202) to be received from the Virginia Department of Health need to be appropriated to the Public Health Services, Salaries, Fringe Benefits and Insurance line items in the 1989-90 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 ninety-three thousand two hundred two dollars ($93,202) to be received from the Virginia Department of Health be appropriated to line item 28-5118-1001 Sa~.aries {$72,715); line item 28-5118-1019 Fringe Benefits .($20,412); and line item 28-5118-5309 Insurance ($75) in the 1989-90 budget of the County of Isle of Wight. ~ ' BE IT FUR`"HER 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. Supervisor Ross moved the Board adopt the following resolution to appropriate $37,458 from the Federal Government for the Chapter I Summer Program. The motion carried unanimously (4-0) by the members present. RESOLUTION TO APPROPRIATE THIRTY-SEVEN THOUSAND FOUR HUNDRED FIFTY-EIGHT DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER I SUMMER PROGRAM WHEREAS, the School Board of the County of Isle of Wight has received a grant for the Chapter I Summer Program; and f. BOCK ~~ ~A'~'J~~ WHEREAS, the funds in the amount of thirty-seven thousand four hundred fifty-eight dollars ($37,458) need to be appropriated to the School operating fund in the 1989-90 budget of the County of Isle of Wight, Virginia. U NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty-seven thousand four hundred fifty-eight dollars ($37,458) be appropriated to line item Chapter I Summer Program in the 1989-90 budget of the County of Isle of Wight, Virggnia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all things necessary to give this resolution effect. Supervisor Ross moved the Board adopt the following resolution to to appropriate $44,000 from the unappropriated fund balance of the County of Isle of Wight for the 1990 General Reassessment. The motion passed by unanimous (4-0) vote of the Board members present. RESOLUTION TO APPROPRIATE FORTY-FOUR THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE. OF THE COUNTY OF ISLE OF WIGHT FOR THE 1990 GENERAL REASSESSMENT 1 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has contracted for the 1990 General Reassessment, and WHEREAS, the funds in the amount of forty-four thousand dollars ($44,000) need to be appropriated from the Unappropriated Fund Balance to the 1990 General Reassessment, contracted services line item in the 1989-90 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that forty-four thousand dollar ($44,000) be appropriated from the Unappropriated Fund Balance to line item 14-9417-3009, 1990 General Reassessment, contracted services, in the 1989-90 budget of the County of Isle of Wight, Virginia. 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. 1 On motion of Supervisor Turner, the Board members present voted unanimously (4-O) to authorize County Administrator Standish to draft a letter to the Federal Communications Commission (FCC) regarding Contel's charge for directory assistance. Supervisor Turner moved the Board direct County Administrator Standish to direct the architect for the Rushmore Volunteer Fire Department to negotiate further with the low bidder to attempt to reduce costs and report back to the Board at the July 20, 1989 meeting. The motion carried unanimously (4-0) by the members present. On motion of Supervisor Turner, the Board members present voted• unanimously (4-0) to authorize County Administrator Standish to distribute RFP's to the banks in the County concerning the use of credit cards to pay taxes, fees, etc. Supervisor Ross moved the Board authorize County Administrator Standish to investigate the option of obtaining OPTIMA health insurance as compared to Blue Cross/Blue Shield. The vote in favor was unanimous (4-0) of the members present. aooK 14 ~~.~:~374 On motion of Supervisor Turner, the Board members present voted unanimously (4-0) to approve the following petroleum bids: Southern States Tidewater Petroleum Regular gasoline $.6743 gallon Unleaded gasoline .6518 gallon Diesel fuel .4885 gallon S. W. Rawls, Inc. Extra-unleaded gasoline $.7342 gallon Louis Dreyfus Energy Corp. No. 2 fuel oil $.4710 gallon // Chairman Bradby called for consideration of the following rezoning application which was tabled at the May 4, 1989 Board meeting: The application of the B. S. Redford Estate for a change in zoning classification from A-1, Agricultural Limited, and A-2, Agricultural General, to B-1, Business General, a total of 3.812 acres of land located on the west side of Route 17, between Route 661 and the Chuckatuck Creek, in Newport Magisterial District. The purpose of the application is for uses allowed in a B-1 zone. James E. Walden, adjoining property owner, appeared in opposition. Mr. Walden stated he would like to know the proposed uses, and he is opposed to the uses the Redfords have proposed in the past. Supervisor. Turner stated he had talked with the applicants and suggested that they give specific business general uses. Supervisor Turner stated the business potential is in that area and he will encourage the owners to come back to the Board with a specific request. On motion of Supervisor Ross, the Board members present voted unanimously (4-0) to deny the application of the B. S. Redford Estate for a change in zoning classification from A-l, Agricultural Limited, and A-2, Agricultural General, to B-1, Business General, a total of 3.812 acres of land located on the west side of Route 17, between Route 661 and the Chuckatuck Creek, in Newport Magisterial District. // On motion of Supervisor Ross, the Board members present voted unanimously (4-0) to approve the appointment of Carl M. Beale, Jr. to serve another term as a member of the Industrial Development Authority. Supervisor Ross moved the Board appoint Dr. A. C. Rogers to serve another term as a member of the Isle of Wight Recreational Facilities Authority. The motion passed by unanimous (4-0) vote of the Board members present. // County Attorney Crook recommended the Board adopt the June 1, 1989 Board of Supervisors minutes. On motion of Supervisor Turner, the Board members present voted unanimously (4-0) to adopt the June 1, 1989 Board of Supervisor minutes. // County Attorney Crook stated the Board could go into executive session pursuant to Section 2.1-344 subparagraph 1, of the Freedom of Information Act, for discussion and annual evaluation of the performance of the County Administrator. Supervisor Bradshaw moved the Board go into r, r, 8~0~ ~Z ~R•".•~~ 1 cJ executive session to discuss the annual evaluation of the performance of the County Administrator pursuant to the statute stated bX County Attorney Crook. The vote by the members present 1n favor was unanimous {4-0). L ~~ Upon returning to open session, Supervisor Turner read and moved the following resolution of certification of the executive meeting be adopted. The resolution was adopted by unanimous (4-0} vote of the Board members present who had met in the executive session. CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Isle of Wight County Board of Supervisors has convened an executive meeting on this . date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by this body that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County 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 Isle of Wight County Board of Supervisors. On motion of Supervisor Ross, the Board voted to direct the County Attorney to prepare a letter of commendation to be entered into the personnel file of the County Administrator and add $2,500 to his current annual salary and add $2,500 annually as deferred co^pensation. The vote in favor was unanimous {4-0) by the members present. ~/ At 6:07 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (4-0) by the members present. 1 °Henry H. Bradby, Chaim My es ~ Stan ish, Clerk n