09-07-1989 Regular Meetingao~n 14 ~~~~410
REGULAR MEETING OF THE ISLE OF'~WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SEVENTH DAY dF SEPTEMBER IN THE YEAR NINETEEN HUNDRED
EIGHTY NINE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Casket', Assistant County
Administrator/Community Development
Kenneth L. Chandler, Assistant to the County
Administrator
David J. Murphy, Public Utilities Director
William McKay, Planner
Judy A. Begland, Economic Development
Coordinator (arrive 4:05 P.M.)
Sheriff C. W. Phelps
Betty Scott, Assistant Clerk
Absent: Steven W. Edwards
Chairman Bradby called the meeting to order at 2:00 P.K.
The invocation was delivered by Supervisor Turner.
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R. W. Coates, Resident Engineer, Virginia Department of
Transportation, informed the Board members that there was a
portion of Route 646, a dirt road from Route 644 to Route 649
which had not been funded. Mr. Coates stated the project cannot
proceed unless it is funded and recommended the proposed
resolution for revenue sharing monies far Route 620 be amended to
be Route 646 so that the project can be approved and the road
paved.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to adopt the following amended resolution.
(need copy of resolution)
On motion of Supervisor Turner, the Board unanimously (4-O)
adopted the fallowing allocation of revenue sharing for roads
resolution.
RESOLUTION
WHEREAS, Section 33.1-75.1 of the Code of Virginia
provides that when a County designates a sum, not exceeding
15 percent of the County's Revenue Sharing Funds, for use by
the Transportation Board for the construction, maintenance,
or improvement of primary and secondary roads in such
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County, that the Transportation Board shall match such
Revenue Sharing Funds as first priority allocation:
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NOW, THEREFORE, BE IT RESOLVED, that the County of Isle
of Wight Board of Supervisors hereby designates $55,000.00
(to be matched by the Transportation Board) of its Revenue
Sharing Funds, or General Funds, for use in the
construction, maintenance, or improvements of primary or
secondary roads in the County of Isle of Wight, Virginia, to
wit, State Route 694 (Project 0694-046).
The $110,000.00 is to be taken from Budget Item 5603
and put into Project 0694-046.
Description: From: Intersection Route 612
To: .7 Mile Northwest Intersection
Route 612
(1989-90 Secondary Construction Budget)
On motion of Supervisor Ross, the Board voted unanimously
(4-O) to adopt the following resolution for allocation revenue
sharing for roads:
RESOLUTION
WHEREAS, Section 33.1-75.1 of the Code-of Virginia
provides that when a County designates a sum, not exceeding
15 percent of the County's Revenue Sharing funds, for use by
the Transportation Board for the construction, maintenance,
or improvement of primary and secondary roads in such
County, that the Transportation Board shall match such
Revenue Sharing Funds as first priority allocation:
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NOW, THEREFORE, BE IT RESOLVED, that the County of Isle
of Wight Board of Supervisors hereby designates $62,400.00
(to be matched by the Transportation Board) of its Revenue
Sharing Funds, or General Funds, for use in the
construction, maintenance, or improvement of primary or
secondary roads in the County of Isle of Wight, Virginia, to
wit, State Route 600 (Project 0600-046).
The $124,800.00 is to be taken from Budget Item 5603
and put to Project 0600-046.
Description: From: .39 mile west Route 10
To: .63 mile west Route 10
(1989-90 Secondary Construction Budget)
Martha B. Moore, resident on Route 665 in Carrollton, asked
the Board's support and guidance in obtaining right-of-way
easements from two property owners, Bessie Chapman Brown and
Campbell Chapel AME Church, in order to get the dirt section of
Rout 665 paved. Mr. Coates stated he would assist in this
undertaking and report back to the Board at their next meeting.
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Robert p. Taylor,. III, resident on Route 10 south of Benns
Church, expressed concern relative to the stop light at the
intersection at Benns Church. Mr. Taylor stated there has been
numerous accidents and he would like the Board's consideration
and support in getting the light changed.
Mr. Coates stated the request has been reviewed and he will
have their traffic engineer check the situation and report back
to the County Administrator.
Sheriff Phelps concurred with Mr. Taylor's comments and
thanked the Board and Mr. Coates for any help they could render.
The Sheriff informed the Board he had received a letter from the
Windsor Town Mayor, M. H. Robinson, regarding the installation of
a stop light on Route 460 at its intersection with Roberts Avenue
and Shirley Drive, due to the erection of the new bank.
Mr. Coates stated they had received a letter from Mr.
Robinson and he will have their traffic engineer run a survey and
respond back as soon as possible.
R. L. Walker, representing the Central Hill Community Club,
expressed concern relative to water standing in the ditches along
Routes 1302, 1303 and 1304. Chairman Bradby stated that he and
Supervisor Edwards would meet, visit the site and make a decision
relative to a solution of the problem prior to the October 5,
1989 Board meeting.
Charlie Green, resident on Route 671 in Carrollton asked for
assistance in getting the bushes cut along the side of the road,
as well as cleaning out the ditches. Mr. Coates stated he would
take care of the situation.
On motion of Supervisor Bradshaw, the Board voted
unanimously (4'O) to adopt the following resolutions regarding
roads in Wrenn's Mill Estates, Longview Acres and Titus Creek
Estates:
RESOLUTION
WHEREAS, the Resident Engineer of the Virginia
Department of Transportation has this day advised this Board
that streets in Longview Acres, Newport Magisterial
District, Isle of Wight County, Virginia, have been built in
accordance with Secondary Road Policies, and the Isle of
Wight County Subdivision Ordinance relating to accegtance of
streets into the State's Secondary Road 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 streets in Longview
Acres Subdivision.
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1. Whitehead Farm Lane: Beginning at a point on
State Route 600, 0.60 miles east of its
intersection with State Route 602; thence running
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in a northeasterly direction 0.15 miles to its
intersection with Longview Circle.
Length: 0.15 mile
Right of way: 50 feet
Total length: 0.15 mile
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2. Longview Circle: Beginning at a point on State
Route 600, 0.48 miles east of its intersection
with State Route 602; thence running in a north
and easterly direction 0.43 miles to a cul-de-sac.
Lengths 0.43 mile
Right of way: 50 feet
Total length: 0.43 mile
3. Duff Court: Beginning at a point on Longview
Circle 0.06 mile northeast of its intersection of
State Route 600; thence, running in a
northwesterly direction 0.10 miles to a
cul-de-sac.
Length: 0.10 mile
Right of way: 50 feet
Total Length: 0.10 mile
Unrestricted rights of way fifty (50) feet in width and
additional right of way for the cul-de-sacs, along with the
necessary drainage easements have been provided and are on
record in the Office of the Clerk of the Circuit Court at
Isle of Wight County in Plat Book 13, page 253, dated
October 28, 1987 and is guaranteed.
RESOLUTION
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WHEREAS, the Resident Engineer of the Virginia
Department of Transportation has this day advised this Board
that streets in Wrenn's Mill Estates, Hardy Magisterial
District, Isle of Wight County, Virginia, have 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 Road 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 streets in Wrenn's Mill
Estates Subdivision.
1. Laurel Lane: Beginning at a point on State Route
10 (Business), 0.29 mile east of its intersection with State
Route 10 (Bypass); thence, running in a southwesterly
direction 0.26 mile to a cul-de-sac.
Length: 0.26 mile
Right of way: 50 feet
Total length: 0.26 mile
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2~. King's .Point Court: Beginning at a point on
Laurel Lane 0.06 mile southwest of its intersection of State
Route 10 (Business); thence, running in a northwesterly
direction 0.12 mile to a cul-de-sac.
Length: 0.12 mile
Right of way: 50 feet
Total length: 0.12 mile
Unrestricted rights of way fifty (50) feet in width and
additional right of way for the cul-de-sacs, along with the
necessary drainage easements have been provided and are on
record in the Office of the Clerk of the Circuit Court at
Isle of Wight County in Plat Book 13, page 200, dated June
22, 1987 and is guaranteed.
RESOLUTION
WHEREAS, the Resident Engineer of the Virginia
Department of Transportation has this day advised this Board
that streets in Titus Creek Estates, Newport Magisterial
District, Isle of Wight County, Virginia, have 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 Road 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 streets in Titus Creek
Estates Subdivision.
1. Titus Court: Beginning at a point on State Routs
665, 0.39 mile east of its intersection with State Route
668; thence running in a northeasterly direction 0.25 mile
to a cul-de-sac.
Length: 0.25 mile
Right of Way: 50 feet
Total length: 0.25 mile
Unrestricted rights of way fifty {50j feet in width and
additional rigght of way for the cul-de-sacs, along with the
necessary drainage easements have been provided and are on
record in the Office of the Clerk of the Circuit Court at
Isle of Wight County in Plat Book 13, page 185, dated May 8,
1987 and Plat Book 13, page 298, dated February 16, 1988 and
is guaranteed.
Linda A. Bean, Director of the Department of Social
Services, read and asked the Board's approval of the following
resolution:
RESOLUTION
WHEREAS, Section 63.1-40 of the Code of Virginia allows
the governing body of the County to appoint the officer in
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charge of the Department of Social Services to serve as its
board; and
WHEREAS, Section 63.1-43.1 then requires the
appointment of an advisory board of from five to thirteen
members; and
WHEREAS, existing Social Services Board wishes to
expand its membership and redirect its emphasis from fiscal
responsibility to program advocacy; and
WHEREAS, the greater humanistic approach to problematic
resolution can be achieved through the creation of an
advisory board;
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight
County Social Services Board respectfully requests it
henceforth be designated advisory, that its membership be
increased from five to ten members, and that the Director be
designated as the Board.
Mrs. Bean recognized the following Social Services Board
members who were present at the Board meeting: Colonel V. Oliver
Wooster, Chairman; Mary Buckner, Vice Chairman, Willie James Hill
and Joel C. Bradshaw, Jr.
Colonel Wooster gave a presentation relative to the
rationale for requesting the changes. Mrs. Buckner askew the
Board's favorable consideration of the resolution.
County Attorney Crook asked if the proposed resolution had
been adopted by the Social Services Board, to which Mrs. Bean
replied "No". County Attorney Crook stated ft would be necessary
for the Social Services Board to adopt the resolution prior to
Board of Supervisors action.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to table action on the proposed resolution until September
21, 1989 to provide the Social Services Board time to adopt the
resolution.
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Chairman Bradby called for consideration of the following
ordinance:
An amendment to the Zoning Ordinance of Isle of Wight
County to add the classification of Historic District H
Zoning to the following described property, which shall be
an addition to the present zoning of said property:
Beginning at a point on the center line of Route 258,
450'+/-, southwest of the intersection of Route 258/692 and
running northwesterly perpendicular to Route 258 a distance
of 1,025 feet from the center line of Route 258 to a point
in an open field; then southwesterly parallel to Route 258 a
distance of 1,000 feet to a pin located 949.97 feet off
Route 258 (being respectively, the northwestern and rear B-1
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zoning district lines of~land now or formerly owned by
Katherine B. Walls and George F. Walls); then S 48 degrees
34' 44" W, 32.31 feet to a pin; then S 28 degrees 29° 48" W,
295.01 feet to a pin; then S 23 degrees 37' 25" W, 166.64
feet to a point; then S 23 degrees 37' 25" W, to the center
of the run of Cooke Swamp; then southerly along the center
of the run of Cooke Swamp to the center line of Route 258;
then continuing southerly along the center of the run of
Cooke Swamp to a point 800 feet off the eastern side o!
Route 258; then northeasterly along a parallel line to Routs
258 for a distance of 2,000 feet +/- to a point directly
opposite the point of beginning on Route 258; then
northwesterly a distance of 825 feet to the center line of
Route 258, the point of beginning.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated the proposed ordinance is in terms of an
amendment to create a historic district around the Courthouse
Complex in accordance with Article 8A of the Zoning Ordinance.
Mr. Caskey stated he recommended the Board approve the proposed
ordinance.
Owen Smith, Chairman of the Architectural Review Committee
for Isle of Wight County and member of the Isle of Wight
Historical Society, stated Isle of Wight County has more
historical value than any other county in the State of Virginia.
Mr. Smith continued stating it is not the intent of the Committee
to disrupt any buildings in the area and the Committee feels it
will be an advantage to approve the proposed amendment.
County Attorney Crook pointed out to the Board that there
were letters of opposition from landowners on the east side of
Highway 258 filed with the application.
Supervisor Ross questioned County Attorney whether the Board
could rezone the area on the west side of Highway 258 only.
County Attorney Crook replied that the Board could reduce the
area and go ahead with the rezoning action but could not increase
the area nor rezone area not included in the advertised property
description.
Following discussion and on motion of Supervisor Turner, the
Board voted unanimously (4-O) to table action on the proposed
amendment to the Zoning Ordinance relative to the Courthouse
Historic District H Zoning until the September 21, 1989 Board
meeting.
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County Attorney Crook advised the Board that he had
discussed the matter by telephone with Supervisor Edwards, who is
hospitalized, and he suggested the matter be tabled until the
next meeting so that Supervisor Edwards could be present and to
allow time to study the revised proffers. County Attorney Crook
further stated that he had discussed this with Rodham T. Delk,
Jr., attorney for the applicants, who stated that his clients
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were agreeable to tabling action until the next regular Board
meeting.
Supervisor Turner moved the Board table action on the
application of Olde Town Real Estate, Inc. for a change in zoning
classification from A-1, Agricultural Limited, to Conditional
R-3, Conditional Townhouse Residential District, approximately
255 acres of land located on the east side of Route 704 between
Route 704 and Jones Creek, fn Newport Magisterial Distr~ct. The
vote in favor was unanimous (4-O).
The Chairman called for the Board's consideration of the
following rezoning applications:
1. The application of John R. Spivey, et al for a change
in zoning classification from A-1 Agricultural
Limited, to Conditional R-A, Conditional Rural
Residential, approximately l4 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 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 voted to recommend approval
(8-1) of the application and asked the Board's favorable
consideration.
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Supervisor Bradshaw expressed concern relative to the 30
feet right-of-way, stating he felt it should be 50 feet.
Following discussion and on motion of Supervisor Bradshaw,
the Board voted unanimously (4-0) to approve the application of
John R. Spivey, et al for a change in zoning classification from
A-1, Agricultural Limited, to Conditional 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.
2. The application of Lotz Realty Company for a change in
zoning classification from A-1, Agricultural Limited,
to Conditional R-A, Conditional Rural Residential,
approximately 30 acres of land located on the north
side of Route 620, between Routes 655 and 258, in
Newport Magisterial District. The purpose of the
application is for a single family dwelling subdivision
of no more than 24 lots.
A. L. Jones, II, attorney representing the applicant,
appeared and stated the applicant had purchased two parcels of
land in the last 12 to 18 months consisting of 25 and 75 acres
parcels. A portion of the 75 acres will not perk, stated Mr.
Jones. Mr. Jones distributed a diagram of the proposed
subdivision development, and stated he had talked with Mr.
Coates, the Resident Engineer of the Virginia Department of
Transportation, who does not foresee a problem if the applicant
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waits until the road improvement work has been done on Route 620.
Mr. Jones further stated that the Planning Commission again
recommended denial of the application basically because Mr. Lotz
does not plan to install a central water system. Mr. Jones read
the following proffers of the applicant: (1) Lotz Realty
Company, Inc. proffers that the rezoning request to Conditional
R-A, approximately 30 acres of land on Route 620 is for no more
than 24 single family residential lots; (2) This rezoning shall
be contingent upon the improvement and widening of Route 620 from
the intersection with Route 258 to a point at the intersection of
the newly constructed subdivision road required by this project
and State Route 620. The improvement herein mentioned is that
improvement planned by the Virginia Department of Highways in
existence at this time. No plat of subdivision for this project
shall be approved by Isle of Wight County for recordation until
such time as the improvement and widening of State Route 620
contemplated by this proffer has been completed; (3) Lotz Realty
Company, Inc. hereby agrees to pay $1,200.00 per lot to Isle of
Wight County within thirty (30) days after it conveys a lot, the
subject of this rezoning request, to a third party and (4) This
rezoning request shall be considered by the applicant and by Isle
of Wight County, if it so chooses, to be controlled by laws in
effect in the State of Virginia as effective on July 1, 1989 and
thereafter. This fact is true even though the application was
filed prior to July 1, 1989.
Supervisor Ross questioned the legal requirement for a
central water system to which David J. Murphy, Public Utilities
Director, replied the State law requires a central water system
when the development consists of more than 15 lots. County
Attorney Crook stated the County Code requires a central water
system if the development contains more than 25 lots.
Thomas Wise, resident on Route 620, appeared in opposition
expressing concern relative to traffic, number of additional
people moving into the area, school capacity, water system and
the additional traffic on Route 620. Mr. Wise asked the Board to
deny the application.
Following discussion, Supervisor Bradshaw moved the Board
table action until October 5, 1989 on the application of Lotz
Realty Company for a change in zoning classification from A-1,
Agricultural Limited, to Conditional A-1, Conditional Rural
Residential, approximately thirty acres of land located on the
north side of Route 620, between Routes 655 and 258, in Newport
Magisterial District. The vote in favor was unanimous (4-0).
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At 3:25 P.M. Supervisor Bradshaw moved for a recess which
passed unanimously (4-O). The Board reconvened at 3:45 P.M.
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Consideration of rezoning applications continued.
3. The application of Wilson S. Holland, Jr. fora change
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in zoning classification from Conditional A-2,
Conditional Agricultural General, to Conditional B-l,
Conditional Business General, approximately one acre of
land located on the east side of Route 258, between
Routes 611 and 630, in Windsor Magisterial District.
The purpose of the application is for specific business
uses and to allow coin operated public amusements.
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Wilson Holland, Jr. appeared. No one appeared in
opposition.
On motion of Supervisor Bradshaw, the Board voted
unanimously (4-0) to approve the application of Wilson S.
Holland, Jr. for a change in zoning classification from
Conditional A-2, Conditional Agricultural General, to Conditional
B-1, Conditional Business General, approximately one acre of land
located on the east side of Route 258, between Routes 611 and
630, in Windsor Magisterial District.
County Administrator Standish recommended amending the
agenda to consider the Special Permit request of Wilson S.
Holland, Jr. at this time. Supervisor Turner moved the Board
amend the agenda to consider the Special Permit request of Wilson
S. Holland, which passed unanimously (4-0).
The request of Wilson S. Holland, Jr. for a penait to allow
no more than five coin operated machines for public
amusements on property located on the east side of Route
258, between. Routes 611 and 630, in Windsor Magisterial
District.
Supervisor Bradshaw moved the Board approve the request of
Wilson S. Holland, Jr. for a permit to allow no more than five
coin operated machines for public amusements on property located
on the east side of Route 258, between Routes 611 and 630, in
Windsor Magisterial District. The motion carried unanimously
(4-0) .
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4. The application of Edward Rae Scott and Deborah L.
Scott to amend Conditional Industrial Limited zoning on
1.5 acres of land located on the west side of Route
654, between Routes 692 and 644, in Newport Magisterial
District. The purpose of the application is to allow
motor vehicle sales and the sale of motor vehicle
parts.
Edward Rae Scott appeared and. asked the Board's favorable
consideration of his application. No one appeared in opposition.
Supervisor Turner moved the Board approve the application of
Edward Rae Scott and Deborah L. Scott to amend Conditional
Industrial Limited zoning on 1.5 acres of land located on the
west side of Route 654, between Routes 692 and 644, in Newport
Magisterial District. The motion passed by unanimous (4-0) vote
of the Board.
5. The application of Colonial Trading Center for a change
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iri zoning classification from A-1, Agricultural
Limited, to Conditional M-1, Conditional Industrial
Limited, one acre of land located west of Route 17 and
south of Route 659, in Newport Magisterial District.
The purpose of the application is to allow stock piling
of landscaping materials, including mulch, stone,
topsoil and fill and the retail sale of same.
A. L. Jones, II, attorney representing the applicants,
stated the applicants have not done any manufacturing since the
last Board meeting and asked for the Board's favorable
consideration.
Carl Goodwin, adjoining property owner, appeared in
opposition, expressing concern regarding the dust. Mr. Goodwin
asked that the operation be moved further from his residence.
Richard Cassell, nearby resident, asked Attorney Jones for a
copy of the revised proffers. Mr. Cassell stated he was not in
opposition unless there was something in the new proffers.
Richard Cassell, Jr., adjacent property owner, expressed
concern regarding whether the applicants would move the existing
stock piles on the property and questioned what type of buffer
would be erected.
Following discussion Supervisor Bradshaw, moved the Board
deny the application of Colonial Training Center for a change in
zoning classification from A-1, Agricultural Limited, to
Conditional M-1, Conditional Industrial Limited, one acre of land
located west of Route 17 and south of Route 659, in Newport
Magisterial District. The motion passed unanimously (4-0).
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Thomas Fenderson, Sugar Hill resident, appeared and
expressed concern relative to the recruitment and retainment of
daytime volunteers for the Isle of Wight Volunteer Rescue Squad
station. Mr. Fenderson feels printed handouts should be
distributed rather than spending $21,000 for production of
materials, newspaper ads and billboards. Mr. Fenderson also
stated that he feels that the squad has not done a good job
trying to secure members.
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W. Douglas Casket', Assistant County Administrator/Community
Development, presented the Following conditional use permit
application for the Board's considerations
1. The application of Colonial Trading Center for a
conditional use permit to locate an office trailer on
one acre of land located west of Route 17 and south of
Route 659, in Newport Magisterial District.
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Mr. Caskey recommended that since the Board denied the
rezoning application request of the Colonial Trading Center that
they also deny the conditional use permit request.
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On motion of Supervisor Bradshaw, the Board voted
unanimously (4-0) to deny the application of Colonial Trading
Center for a conditional use permit to locate an office trailer
on one acre of land located west of Route 17 and south of Route
659, in Newport Magisterial District.
Supervisor Turner moved the Board approve the following
interim utility agreement between Brewer Creek Partnership and
Isle of Wight County relative to the development of a residential
subdivision known as Brewers Creek Subdivision. The vote in
favor was unanimous (4-0).
AGREEMENT
This agreement made this 18th day of August, 1989 by
and between Brewer Creek Partnership, a Virginia General
Partnership, party of the first part hereinafter known as
"Brewer Creek" and the County of Isle of Wight, Virginia,
party of the second part hereinafter known as "County".
WITNESSETH; That whereas Brewer Creek is in the
process of developing a residential subdivision known as
Brewers Creek Subdivision in the Newport Magisterial
District of Isle of Wight County, Virginia and
WHEREAS, according to the plans specifications and
representations made to County by Brewer Creek, the
subdivision was to have a central water system; and
WHEREAS, because of certain new regulations imposed by
the Virginia Department of Health requiring the installation
and testing of a fluoride treatment system, the installation
of said water system in said subdivision has been delayed;
and
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WHEREAS, certain efforts have been made by Brewer Creek
to install the water system in accordance with the plans and
specifications delivered to said County; and
WHEREAS, certain of the lots in the said subdivision
have been sold and in fact at least two lots have been
improved with single family homes after the issuance of
building permits by said County; and
WHEREAS, until such time as the permanent water system
together with the fluoride removal system can be installed
and approved by the Virginia Department of Health the
parties hereby agree as follows pursuant to mutual covenants
and promises as set forth herein:
1. It is recognized that Messner Construction Company
has erected two single Family dwellings on lots 32
and 36 in said subdivision. It is understood and
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agreed that these two structures will be allowed
to connect to the central water system and this
and this agreement will specifically prohibit the
sinking of individual wells to serve these two
lots. Further, the County will, upon connection
to the water system, final inspection and approval
issue certificates of occupancy for these two
dwellings, subject to the provision of paragraph
three below.
2. Brewer Creek shall move forward with all haste to
install the approved hydropneumatic storage tank
for the system within two weeks of its delivery to
the site. Including the two connections or
Messner mentioned in paragraph one above, the
County shall approve only one more certificate of
occupancy until this tank is in place and
operational.
3. Both parties hereby agree that no more than
fourteen lots shall be sold prior to water system
approval and issuance of a provisional operating
permit by the Virginia Department of Health. It
is understood and agreed that certificates of
occupancy and future building permits for the said
fourteen lots will be issued subsequent to the
submittal of the progosed pilot test program to
the Virginia Department of Health and not before.
4. Construction of the central water system shall
meet all County specifications and standards even
if redesign and retrofit are determined necessary.
5. The pilot test program will require the issuance
of the Virginia Pollutant Discharge Elimination
System Permit by the State Water Control Board
prior to commencement of said program.
6. Brewer Creek Partnership agrees that the water
system shall be operated and maintained by a
qualified and experienced operator of such systems
acceptable to the Virginia Department of .Health
and the County Public IItilities Department.
7. Brewer Creek agrees that they shall not seek any
vacation of plat, variance or any other deviation
from the original proposal that was approved by
said County.
8. It is understood and agreed that the present
Surety Bond in the amount of $50,000.00 for the
reverse osmosis system will expire on March 30,
1990. Brewer Creek agrees that said bond amount
shall remain in effect until the Virginia
Department of Health issues the operation permit
for said system.
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This contract shall be binding upon the heirs
administrators, executors, assigns and successors ~n
interest of the parties and it is further agreed that the
parties shall be governed in this contract by the laws of
the Commonwealth of Virginia.
// On motion of Supervisor Turner, the Board voted unanimously
(4-0) to authorize County Attorney Crook to advertise for public
hearing the amended ordinance relative to bingo games and raffles
due to the number of changes in the State law.
Supervisor Turner moved the Board authorize County Attorney
Crook to advertise for public .hearing a proposed ordinance
regarding adoption of hunting dogs. The motion carried carried
with Supervisors Ross, Turner and Bradby voting aye and
Supervisor Bradshaw abstaining.
//
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to adopt the following resolution to the Virginia General
Assembly regarding consideration of NFPA Standard 1500.
RESOLUTION TO THE VIRGINIA GENERAL ASSEMBLY REGARDING
CONSIDERATION OF NFPA STANDARD 1500.
WHEREAS, the Technical Committee on Fire Service
Occupational Safety and Health has prepared the National
Fire Protection Association Standard 1500; and
WHEREAS, the original intent of the NFPA 1500 was to
provide the framework for a safety and health program for a
fire department or any type of organization providing
similar services; and
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WHEREAS, NFPA Standard 1500 requirements would result
in substantial increases in cost to local volunteer fire
departments and to local governing bodies; and
WHEREAS, funding for equipment, insurance, and general
operational expenses are already becoming an increasing
burden to the local fire departments and the localities who
support them; and
WHEREAS, the Volunteer Fire fighters of Isle of Wight
County have indicated that the adoption of NFPA 1500 would
also result in loss of manpower and possibly result in the
elimination of volunteer fire companies as they now exist.
NOW, THEREFORE, BE ZT RESOLVED, by the Board of
Supervisors of Isle of Wight County that the 1990 Session of
the General Assembly be requested to take into consideration
the significant impact that such a Standard could have on
rural volunteer fire companies and that NFPA 1500 be
considered as guidelines for services rather than mandated
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requirements.
Countyy Administrator Standish introduced Rick Schoew,
representaive of Group III Communications, who gave a
presentation regarding the concept of rescue squad recruitment
and retainment of volunteer members. Mr. Schoew stated the
estimated cost of the project would be $20,000 to $22,000 for the
production of materials, newspaper ads and billboards.
Following discussion `and on motion of Supervisor Turner, the
Board voted unanimously (4-0) to table action on the concept of
rescue squad recruitment until the October 5, 1989 meeting in
order to provide County staff an opportunity to meet again with
th squads and the Towns of Windsor and Smithfield regarding same.
Supervisor Turner moved the Board adopt the following
resolution designating September 17-23; 1989 as "Emergency
Medical Services Week" in Isle of Wight County. The motion
carried unanimously (4-0).
RESOLUTION DESIGNATING SEPTEMBER 17-23, 1989 AS "EMERGENCY
MEDICAL SERVICES WEEK" IN ISLE OF WIGHT COUNTY
WHEREAS, the members of emergency medical services
teams devote their lives to saving the lives of others; and
WHEREAS, emergency medical services teams consist of
emergency physicians, nurses, emergency medical technicians,
paramedics, educators, and administrators; and
WHEREAS, the geople of Isle of Wight County benefit
daily from the knowledge and skill of these trained
individuals; and
WHEREAS, advances in emergency medical care increase
the number of lives saved every year; and
WHEREAS, the professional organizations of providers of
emergency medical services promote research to improve and
adapt their skills as new methods of emergency treatment are
developed; and
WHEREAS, the designation of Emergency Medical Services
Week will serve to educate the people of Isle of Wight
County about accident prevention and what to do when
confronted with a medical emergency; and
WHEREAS, it is appropriate to recognize the outstanding
accomplishments of the Windsor and Isle of Wight Rescue
Squads by designating Emergency Medical Services Week.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County that September 17-23,
1989 is hereby designated as "Emergency Medical Services
Week" in Isle of Wight County, and all citizens are urged to
recognize and acknowledge the unique life saving activities
of those special and dedicated individuals •involved in the
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lfeld of emergency medical services.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to provide funds for the replacement of the doors at the
Isle of Wight Rescue Squad building at a cost not to exceed
$3,450.
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Supervisor Turner moved the Board adopt the following
resolution to appropriate $16,040 from the Commonwealth of
Virginia for the Drug-Free schools and communities program. The
vote in favor was unanimous (4-0).
RESOLUTION TO APPROPRIATE SIXTEEN THOUSAND FORTY DOLLARS
FROM THE COMMONWEALTH OF VIRGINIA FOR THE DRUG-FREE SCHOOLS
AND COMMUNITIES PROGRAM
WHEREAS, the School Board of the County of Isle of
Wight has received a grant for the Drug-Free Schools and
Communities Program; and
WHEREAS, the funds in the amount of sixteen thousand
forty dollars ($16,040) need to be appropriated to the
School operating fund 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 sixteen thousand forty dollars ($16,040) be
appropriated to the School Operating fund, Drug-Free Schools
and Communities Program line item in the 1989-90 School
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.
On motion of Supervisor Ross, the Board voted unanimously
(4-0) to award Korman Signs, Inc., of Richmond, Virginia, the
street signs and house numbering contract, in the amount oP
$40,800, regarding the street/road naming project, and authorized
execution of the appropriate contract.
Supervisor Bradshaw moved the Board approve the name of Bows
and Arrows for Route 641 from Route 603 to Route 258. The motion
passed by unanimous (4-0) vote of the Board.
Supervisor Turner moved the Board direct County Attorney
Crook and County Administrator Standish to work with The Durrant
Group/Spady & Spady relative to consideration of amending the
existing contract, and changing the scope of services to provide
for architectural and engineering services and alternatives
assessments regarding the Clerk's office renovation, County's law
enforcement space and new communications center and the County's
Public works maintenance facility. The vote in favor was
unanimous (4-O).
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On motion of Supervisor Ross, the Board voted unanimously
(4-0) to authorize the execution of the appropriate documents
relative to the Southeastern Public Service Authority's SSPSA)
renegotiation and restructure of their bond financing, in an
effort to save $40 million.
Supervisor Ross moved the Board approve the request oP the
Recreational Facilities Authority to donate a surplus flag pole
to the American Legion Post 25, in Norfolk, Virginia, with the
conditions that Post 35 will be responsible for removing and
transporting the pole from County property and a letter be
submitted by Post 35 releasing the County of any liability while
the dole is being removed and/or transported. The motion carried
unanimously (4-0).
Supervisor Turner moved the Board approve the change orders
regarding the Virginia Outdoor Recreational project as requested
by the Town of Smithfield and voted to share 80$ of the costs
(less than $6,000) involved for same. The vote in favor was
unanimous (4-0).
On motion of Supervisor Ross, the Board voted unanimously
(4-0) to install a burglar alarm system in the new County library
located in Smithfield and pay 80$ of the cost (approximately
$1,500).
Supervisor Turner moved the Board approve the purchase of
two new heavy duty pickup trucks, cost to be accommodated within
the budget, for the Public Works Department, as well as the
disposition of three vehicles; namely: old white K-car station
wagon, the old blue van and the old four wheel drive landfill
truck. The motion passed by unanimous (4-0) vote of the Board.
Judy A. Begland, Economic Development Coordinator, gave the
Board a status report on progress of the referendum, to be
conducted in November, regarding the possibility of having horse
racing in the County. Mrs. Begland stated the necessary
signatures had been secured to place the referendum on the
ballot.
Mrs. Begland also gave the Board a status report on the
progress of the Norfolk/Southern's rail/coal facility pro ect and
asked the Board for support in obtaining engineering sere ces.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to authorize County staff to develop and disseminate a RPP
for environmental engineering consultant services which may be
useful if and when Norfolk/Southern decides to proceed with their
rail/coal facility project.
Supervisor Turner moved the Board authorize the County staff
to develop and disseminate RFP's for financial consultant
services for impending bond issue, jail project and other
anticipated capital projects. The motion passed unanimously
(4-0) .
//
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Supervisors Turner and Bradshaw expressed concern regarding
the trash collection system in the County. Following discussion,
Supervisor Ross moved the Board direct County staff to study and
research alternatives to improve the trash collection system in
the County. The vote in favor was unanimous (4-0).
//
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On motion of Supervisor Ross, the Board voted unanimously
(4-0) to appoint Joel C. Bradshaw, Jr. to the unexpired term of
John E. Rose, Jr. (deceased) as a member of the Isle of Wight
County Public Service Authority representing Carrsville Election
District.
Supervisor Turner moved the Board direct County staff to
draft a letter of appreciation to the John E. Rose, Jr. family
for Mr. Roses dedication and support to the County. The vote in
favor was unanimous (4-0).
//
On motion of Supervisor Bradshaw the Board voted
unanimously (4-0) to direct the Public Ut~lities Department to
.evaluate the request of an industrial facility to develop a $1
million facility within the County.
//
On recommendation of County Attorney Crook and motion of
Supervisor Turner, the Board voted unanimously (4-0) to approve
the August 3, 1989 minutes of the Board of Supervisors.
//
At 5:55 P.M. Supervisor Ross moved the meeting be adjourned,
which passed unanimously (4-0).
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My es Stan is , C erc
Henry H. Bra y~~irman
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