10-05-1989 Regular Meeting..
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF OCTOBER IN THE YEAR
NINETEEN HUNDRED EIGHTY NINE
PRESENT: Henry H. Bradby, Chairman
Thomas L. Ross
.Richard L. Turner
Steven W. Edwards
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
Carey Mills, Assistant Clerk
Absent: Joel C. Bradshaw, Jr., Vice Chairman
Chairman Bradby called the meeting to order at 2:00
P.M. The invocation was delivered by Supervisor Edwards.
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R. W. Coates, Resident Engineer, Virginia Department of
Transportation, informed the Board members that following
his discussion with County Attorney Crook, he had. prepared a
resolution to take Bayview Drive into the Virginia
Department of Transportation secondary road system for
consideration by the Board. Mr. Coates also advised that
the developers of Cypress Creek are presently working on the
Route 10 interchange project anti the plans will be submitted
to the County soon.
Supervisor Edwards expressed concern about ditches
along the third road in Central Hill which do not flow or
drain properly. He also stated there was a similar problem
with the main ditch in that it does not bring out material
from the first ditch.
Mr. Bradby expressed concern about the intersection of
Route 647 and Route 626 where school buses are having
visibility problems. Road repairs are also needed on this
road, he stated.
Mr. Coates said he would look into these matters.
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Hilda Musick presented a petition from people living
along Highway 669 requesting a reduction in speed to 45
miles per hour.
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County Administrator Standish stated that Mr. Coates
had previously been advised of the matter and that a speed
study should already be underway. Mr. Coates commented he
had received the correspondence and that he would look
further into the matter.
By motion of Supervisor Turner, the Board unanimously
(4-0) adopted resolutions to take Bayview Drive and Mill
Creek Lane into the secondary road system.
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Mr. Crook requested an Executive Session for advice of
counsel concerning actual litigation tender Sectfon 2.1-344
A,7. of the Freedom of Information Act.
On motion of Chairman Bradby, the Board voted
unanimously (4-0) to go into Executive Session.
Upon the Board returning to open session, Supervisor
Turner moved to adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an
executive meeting on this date pursuant to an affirmative
recorded vote and in accordance with the provisions of The
Virginia Freedom of Information Act; and
WHEREAS, 2.1-344.1 of the code of Virginia requires a
certification by this Board of Supervisors that such
executive meeting was conducted in conformity with Virginia
law;
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors hereby certifies that, to the best of each
member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia
law were discussed in the executive meeting to which this
certification resolution applies, and (ii) only such public
business matters as were identified in the motion convening
the executive meeting were heard, discussed or considered by
the Board of Supervisors.
VOTE
AYES: 4
NAYS: 0
ABSENT DURING VOTE: Supervisor Bradshaw
ABSENT DURING MEETING: Supervisor Bradshaw
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Chainaan Bradby called for a public hearing on the
following ordinances:
AN ORDINANCE TO AMEND THE PROVISIONS FOR BINGO
GAMES AND RAFFLES IN THE ISLE OF WIGHT COUNTY CODE
Mr. Alan Nogiec, Director of the Isle of Wight
Recreational Facilities Authority stated there needs to be
control for the County and this ordinance provides such
control. He stated that the Recreational Facilities
Authority supports the ordinance.
Supervisor Turner moved the Board adopt the
Ordinance to Amend the Provisions for Bingo Games and
Raffles In the Isle of Wight County Code. The vote in favor
was unanimous (4-0).
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Chairman Bradby called for a public hearing on tha
following musical/entertainment .festival requests:
1. The Request of the Windsor Band Boosters to hold
an entertainment Festival, "Haunted Forest", on October 27,
28, and 29, 1989 on property owned by William Denison and
Virginia Denison, located off Route 614 in Hardy Magisterial
District.
Virginia Denison stated that she is the land owner and
represents the Band Boosters.
No one appeared in opposition.
Supervisor Turner moved for approval of The Request of
the Windsor Band Boosters to hold an entertainment Festival,
"Haunted Forest", on October 27, 28, and 29, 1989 on
property owned by William and Virginia Denison, located off
Route 614 in Hardy Magisterial District. The vote in favor
was unanimous (4-0).
2. The Request of the Isle of Wight/Smithfield
Chamber of Commerce to Hold a Music Festival, "Chamber Day",
on October 11, 1989 at Morgart's Beach in Hardy Magisterial
District.
Fred Walls, a Director of the Chamber of Commerce
Board, stated he was present to represent the Chamber and
would respond to any questions by the Board.
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No one appeared in opposition.
On motion of Supervisor Ross, the Board moved to
approve the request of the Isle of Wight/Smithfield Chamber
of Commerce to hold a music festival, "Chamber Day', on
October 11, 1989 at Morgart's Beach in Hardy Magisterial
District. The vote in favor was unanimous (4-O).
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Chairman Bradby called for a public hearing on the
following rezoning applications:
1. The application of Robert F•. Ramsey, owner, and
Florence Wells and Michael Edwards, prospective owners, for
a change in zoning classification from A-1, Agricultural
Limited, to R-MH-A, Rural Mobile Home District,
approximately one acre of land located on•the west side oP
Route 637, between Routes 621 and 646, in Hardy Magisterial
District. The purpose of the application is for the
permanent location of a mobile home.
Florence Wells a;
that they were denied
permanent location of
they may build a home
stated that there are
also stated that none
request.
nd Michael Edwards appeared, commenting
by the Planning Commission the
the mobile home. They stated that
on this property one day. Mr. Edwards
other mobile homes in the area. He
of the adjacent land owners oppose the
Robert F. Ramsey, land owner, stated he sold the land
to Florence Wells and Michael Edwards and also lives in the
area.
Supervisor Turner asked if this location was close to
the peanut buying station.
Mr. Ramsey replied, "within a half mile."
Supervisor Ross asked County Attorney Crook if
conditional rezoning would be appropriate or possibly a
conditional use permit would better accommodate their needs.
Mr. Crook replied that conditions could not be imposed, they
must be agreed to by the applicants and requested by the
applicants.
Chairman Bradby moved for approval of the application
for rezoning The motion was adopted by a vote of three to
one (3-1) with Mr. Ross voting in opposition.
2. The application of Wayne G. Rowe for a change in
zoning classification from A-1, Agricultural Limited, to
Conditional R-MH-1, Conditional Mobile Home District, 3.671
acres of land located on the east side of Route 646, at the
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intersection of Routes 650 and 646 in Hardy Magisterial
District. The purpose of the application is far a mobile
home subdivision of no more than three lots, each containing
a minimum area of 40,000 square feet.
Wayne Rowe, applicant appearing, commented he was
available for any questions from the Board.
County Administrator Standish informed the Board that
during the meeting a letter was presented from Margaret
burden indicating her opposition to the rezoning.
Supervisor Ross questioned whether this was the same
application considered by the Planning Commission.
Mr. Rowe stated that he filed an amended application
because of comments received at the Planning Commission
hearing indicating that the lots were too small for that
community.
Supervisor Ross moved that the amended application be
referred to the Planning Commission for their input. The
vote in favor was unanimous (4-0).
3. The application of Isle of Wight County for a
change in zoning classification from A-2, Agricultural
General, to R-A, Rural Residential, approximately two acres
of land located on the west side of Route 10, at the
intersection of Routes 10 and 624 in Hardy Magisterial
District. The purpose of the application is to construct a
fire department building and accessory uses.
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Supervisor Ross asked for an update from Mr. Bradby in
regard to training of the volunteers. Mr. Bradby stated
that during the previous week classes were taken in
Hazardous Materials and the night before members attended a
Fire Fighter I Training course.
No one appeared in opposition.
Mr. Bradby moved that the application be approved. The
vote in favor was unanimous (4-0).
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Supervisor Edwards moved to change the order of the
agenda to consider Old Business. The vote in favor was
unanimous (4-O).
County Administrator Standish advised that at the
previous meeting of the Board he was directed to seek
financial participation from the towns for rescue squad
recruitment. He stated that Smithfield had declined, and
that Windsor still had the matter under consideration.
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County Administrator Standish recommended this matter be
deferred until the October 19, 1989 meeting.
Joe Munford, Captain of the Isle of Wight County Rescue
Squad appeared requesting assistance as soon as possible
stating that they favored the proposal of County
Administrator Standish.
Supervisor Turner moved to table the item until the
October 19, 1989 meeting. The vote in favor was unanimous
4-0) .
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Chairman Bradby called for consideration of the
following applications:
1. The application of Bailey Enterprises, Inc. for a
change in zoning classification from A-1, Agricultural
Limited, to Conditional R-1, Conditional Residential
Limited, 30.5 acres of land located on the north side of
Route 620, between Routes 258 and 655, in Newport
Magisterial District. The purpose of the application is for
no mare than 25 single family building lots. (Tabled August
17, 1989 and September 21, 1989)
Rodham T. Delk, Jr., Attorney, appeared stating that he
and Mr. Crook had met and reached an agreement on a document
that satisfies concerns expressed at the last meeting by Mr.
Crook. Mr. Crook recommended approval of the agreement to
the Board if the Board chose to grant the zoning request.
Supervisor Ross moved to approve the rezoning.
Supervisors Ross and Turner voted in favor of the motion.
Chairman Bradby and Supervisor Edwards voted against. Mr.
Bradshaw was not present. County Attorney Crook advised the
Board that Supervisor Bradshaw would have to have an
opportunity to vote on the motion at the next Board meeting;
therefore, the item should be continued until the October
19, 1989 meeting.
2. The application of Olde Towne Real Estate, Znc.
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 in Newport Magisterial District. The purpose of
the application is for no more than 290 single family
residences and community recreational facilities. (Tabled
August 3, 1989, September 7, 1989 and September 21, 1989.)
Rodham T.Delk, Jr., Attorney, appeared and advised that
he met with Mr. Crook at the request of the Board and
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revised the documents and prepared a waiver which needs to
be approved by the Board.
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Supervisor Edwards moved to approve the rezoning. The
vote in Pavor was unanimous (4-0).
3. 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. (Tabled September 7, 1989)
County Attorney Crook requested a five minute recess at
3:40 P.M. Supervisor Turner moved to recess. The vote in
favor was unanimous (4-O).
Chairman Bradby reconvened the meeting. at 3:45 P.M.
County Attorney Crook advised the Board that the proffered
conditions were not ready for consideration by the Board and
the attorney for the applicant, A.L. Jones, is requesting
the application be tabled for thirty days.
Supervisor Ross moved to table this item until the
November 2, 1989 meeting. The vote in favor was unanimous
(4-O).
On motion of Chairman Bradby, the regular agenda was
continued by unanimous vote of the Board (4-0).
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Chairman Bradby called for the Community Development
report.
Mr. Caskey, Assistant County Administrator/Community
Development appeared and presented the following:
The request of R. L. Bowman to withdraw 256 acres from
the designated Courthouse Agricultural Forestal District,
located on the east side of Route 681 on the western edge of
the district.
The Planning Commission considered the request on its
meeting of September 12, 1989, and recommended approval,
stated Mr. Caskey.
On motion of Supervisor Ross, the vote to approve the
request was unanimous (4-0).
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2. A request of Lynn Bell to construct a deck
addition onto his existing residence located off of Routes
10 and 32 within the St. Lukes Historical Zone.
Mr. Caskey advised that the Board of Zoning Appeals had
approved the required variance for the addition and the
County's Architectura~ Review Committee had recommended the
application to the Board.
On motion of Supervisor Turner, the vote to approve the
request was unanimous (4-0).
Mr. Caskey presented a sample sign for the Board's
consideration for posting procedures .that he stated will be
more visible and advised the new signs would be in place in
January, 1990.
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Chairman Bradby called for the report from the County
Attorney:
Mr. Crook stated he has a deed from Gatling Pointe for
the well lot and the water system dedication which he has
reviewed and recommends to the Board.
On motion of Mr. Turner, the vote to approve the
dedication was unanimous (4-0).
Mr. Crook stated that he has prepared a resolution
concerning the regional jail and request for the State to
change the cost from 21 million to 22 million. County
Administrator Standish explained that the increase from
$21,000,000.00 to $22,000,000.00 is for construction
management of the project.
On motion of Supervisor Turner, the vote in favor to
approve the resolution was unanimous (4-0).
Mr. Crook advised that an amendment has been prepared
for the motor vehicle section of the County code to adopt
the State law changes. He requested authorization from the
Board to advertise a public hearing for October 19, 1989.
On motion by Supervisor Edwards, the vote to authorize
the public hearing was unanimous (4-O) for the amendment of
the motor vehicle section of the County Code.
Chairman Bradby called for the County Administrator°s
Report:
County Administrator Standish stated the County was
eligible for a grant for law enforcement radio communication
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equipment and installation oP same in which the State will
pay 88~ of the cost.
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County Administrator Standish asked Captain Bowman who
has been working on this project to speak.
Captain Bowman stated that the 1989 legislative session
approved $5.6 million for localities for grant funds to
update their radio system they now have at the various
police and sheriffs' organizations throughout the State.
The primary emphasis is on the SIRS (Statewide
Interdepartmental Radio System) capabilities throughout the
State. This grant is for a request for a total`of twenty
(2oj one hundred (100) watt mobile radios which would be
utilized to equip the current fleet. which would enable them
to contact directly car to car between sheriff's units and
the State Police.
On motion of Supervisor Turner, the vote to adopt the
resolution was unanimous (4-O).
Mr. Standish stated he received a letter from the
Commissioner of Revenue relative to the loss of certain
taxes due to changes in the State Code.
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Mr. Gwaltney, Commissioner of Revenue, appearing stated
that the General Assembly changed the taxation of daily
rental items on anything less than 90 days. Examples
include video tapes and construction equipment he stated.
On business license tax, there is a 20 cent tax per hundred
dollars on gross receipts and under the new law, they have
been replaced at 12 cents, creating a loss of revenue of
personal property tax roles as well as the business license
tax. This will take effect January 1, 1990, stated Mr.
Gwaltney.
County Administrator Standish requested that the County
Attorney be directed to draft the appropriate ordinance
relative to the tax and schedule a public hearing for the
Board of Supervisors.
On motion of Supervisor Turner, the vote to authorize
the County Attorney to draft an ordinance and advertise it
for public hearing was unanimous (4-0).
County Administrator Standish stated that the General
Reassessment Board had been appointed and had met, and
stated that Mr. Gwaltney had questioned what the
Reassessment Board members would be compensated.
Following discussion, Supervisor Ross moved to have the
County Administrator research adequate compensation for the
General Reassessment Board. The vote passed by unanimous
vote (4-0).
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County Administrator Standish recommended supplementary
budgetary allocation to the Recreational Facilities
Authority for increased cost of Blue Cross/Blue Shield
Employee Benefits who were advised after the adoption or the
budget of the increase.
On motion of Supervisor Ross, the Board voted
unanimously to approve the allocation (4-0).
Mr. William Riddick, of the Real Smithfield Jaycees,
proposed the lease and renovation of the agricultural
building at the old Smithfield High School to put it back
into good use by the Jaycees. The renovation would include
cleaning the building, repairing the glass, painting,
repairing electrical system, installing heating and
air-conditioning and installing all necessary electrical and
plumbing, he stated. The building would be used for a
community house and their meeting place.
County Attorney Crook advised that the State Code
requires advertising prior to lease of real property by the
County.
On the motion of Supervisor Turner, the vote to have
such notice advertised was unanimous (4-O).
County Administrator Standish advised that he had
received notice that the County has been awarded a grant for
$10,600.00 from the Coastal Resources Management Program for
the development of a shoreline area management plan. He
also stated the timing was appropriate and can be
accomplished within the frame work of the comprehensive land
use plan pursuant to the Chesapeake Bay regulations.
On motion of Supervisor Turner, the Board voted
unanimously to adopt a resolution to accept the funds (4-0).
Mr. Standish announced he had a late item for
discussion. He asked for the Board of Supervisors comments
on a 1990 legislative package for the upcoming session of
the General Assembly. He mentioned funding for off-site
improvements by developers and the issue of distribution of
state lottery fund proceeds to localities. County
Administrator Standish stated that he would also recommend
jail funding as a priority.
Supervisor Ross requested that it be made as a priority
list.
County Administrator Standish reported there are three
fundamental ways to address upcoming capital needs as
follows:
1. Fund Balance
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2. Borrow From A Bank
3. Traditional Municipal Bond
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County Administrator Standish suggested there were two
things to consider:
1. The County Attorney could be authorized to make a
recommendation on bond counseling.
2. Financial Consultant.
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Supervisor Edwards requested that the County
Administrator look into what type of approval was issued by
the Board to the Windsor radio tower.
County Administrator Standish reported that County
staff had been advised of the problem and the Public Works
Director has sent a letter to the FAA regarding the lights
not working continuously and the FAA responded yesterday
that they were in receipt of the letter and looking into the
matter.
The. Chairman called for Appointments:
Supervisor Turner moved that W. C. Sawyer be appointed
by the Board to replace Dusty Rhodes on the Tradesmen~s
Certification Board. The motion was adopted by unanimous
vote (4-0).
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The Board voted unanimously (4-0) to approve the
September 21, 1989 minutes of the Board of Supervisors.
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County Administrator Standish announced the departure
of Kenneth Chandler, Assistant to the County Administrator,
to be Administrative Services Manager in Hopewell, Virginia.
It was noted that Mr. Chandler had performed his duties in
an outstanding manner for the County.
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At 4:50 PM, Supervisor Ross moved the meeting be
adjourned, which passed unanimously.
Hen~Bra~c. y, Chairman
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Myles E S an sfi, Clerk
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