10-19-1989 Regular Meeting4~
r
eo~a 1_~ ~~~~ .)7
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE NINETEENTH DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED
EIGHTY NINE
1
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Richard L. Turner
ABSENT: Thomas L. Ross
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
David J. Murphy, Public Utilities Director
Carey H. Mills, Assistant~Clerk
Chairman Bradby called the meeting to order at 7:00 P.M. The
invocation was delivered by Supervisor Edwards.
//
Chairman Bradby called for a public hearing on the following
ordinances:
a. An Ordinance to Amend Chapter 11, Article I,
Section 11 of the Isle of Wight County Code for
Adoption of State Law in the County for Motor
Vehicle and Traffic Violations
No one appeared in favor or opposition.
1
On motion of Supervisor Turner, the Board members. voted
unanimously (4-O) to adopt the following "Ordinance to Amend
Chapter li, Article 1, Section 11-1 of the Isle of Wight County
Code for Adoption of State Law in the County for Motor Vehicle and
Traffic Violations."
BE IT AND IT IS HEREBY ORDAINED By the Board of Supervisors
of Isle of Wight County, Virginia, that Chapter il, Article 1,
Section it-1, of the Isle of Wight County Code be amended to read
as follows:
1
Pursuant to the authority of Section 46.2-1313 of the
Code of Virginia, as amended, all of the provisions and
requirements of the laws of the state contained in Title 46.2 and
of Article 2 (Sec. 18.2-266 et seq.) of Chapter 7 of Title 18.2 of
the Code of Virginia, as amended, except those provisions and
requirements the violation of which constitutes a felony, and
except those provisions and requirements which by their very nature
can have no application to or within the county, are hereby adopted
and incorporated in this Chapter by reference and made applicable
within the county. References to "highways of the state" contained
in such provisions. and requirements hereby adopted shall be deemed
to refer to the streets, highways and other public ways within the
county. Such provisions and requirements are hereby adopted,
mutatis mutandis, and made a part of this Chapter as fully as
though set forth at length herein, and it shall be unlawful for any
person, within the county, to violate or fail, neglect or refuse
to comply with any provision of Title 46.2 and of Article 2 (Sec.
18.2-266 et seq.j of Chapter 7 of Title 18.2 of the Code of
Virginia which is adopted by this Section; provided, that in no
event shall the penalty imposed for the violation of any provision
or requirement hereby adopted exceed the penalty imposed for a
similar offense under Title 46.2 and of Article 2 (Sec. 18.2-266
et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia.
b. An Ordinance to Prohibit Hunting with Rifles of a
onre ~4 :N,~~57
Caliber Larger-than .22 Rimfire.
Supervisor Edwards stated he had received numerous calls due
to confusion and explained that this ordinance was brought up
because if the County does not have an ordinance specifying that
it is illegal to hunt big game with a high power rifle, then the
game regulation is invalid and unenforceable. He also stated that
there should be some amendments to this ordinance.
Robert Clontz, Jr., Route 4, Box 207, Smithfield, Virginia
spoke in opposition to the ordinance. Mr. Clontz stated that the
County should word the ordinance in such a way that it stated there
would be no hunting of big game with a high powered rifle.
Alan Pheifer, a citizen of Hardy District, spoke in opposition
to the ordinance. Mr. Pheifer stated he failed to see what the
County was trying to accomplish because the ordinance only covers
the limit of time that ground hogs can be shot.
Supervisor Bradshaw spoke in opposition to the ordinance,
stating that the concern of the public was with ground hogs in that
they were causing damage to the agricultural fields.
Supervisor Edwards agreed that the ordinance as presented
herewith is broader than it needs to be. Supervisor Edwards
indicated banning high power rifles for big game would be suitable.
Supervisor Turner recommended that Mr. Crook re-advertise and
redraw an ordinance that would address that particular situation.
On motion of Supervisor Bradshaw, the Board members voted
unanimously (4-O) not to adopt the "Ordinance to Prohibit Hunting
with rifles of a Caliber Larger than .22 Rimfire."
//
Chairman Bradby asked for citizens comments on general county
matters.
Grace Keen, a resident of Newport District, requested the
Board of Supervisors create a "Volunteer Appreciation Day."
On motion of supervisor Turner, the Board voted unanimously
(4-O) to direct County Administrator Standish to find out if there
presently is a national recognition week and, if not, to recommend
an appreciation day for the County's volunteers.
//
Chairman Bradby called for consideration of the following
application:
The application of Junie F. Oliver for a Conditional Use
Permit to allow daughters Deborah Lynn and Tracey Jean to
occupy an existing mobile home on one (1) acre of land
located on Route 602, between Route 600 and Route 644,
in Newport Magisterial District.
No one appeared in favor or opposition. W. Douglas Casket',
Assistant County Administrator/Community Development, stated the
Planning Commission recommended approval by a vote of 5-2.
On motion of Supervisor Turner, the Board voted unanimously
(4-O) to approve the application of Junie F. Oliver for a
Conditional Use Permit to allow daughters Deborah Lynn and Tracey
Jean to occupy an existing mobile home on one (i) acre of land
located on Route 602, between Route 600 and Route 644, in Newport
Magisterial District.
L~
1
1
Mr. Casket' presented the following subdivision plats for Board
consideration:
~4
14 ~ ~ ~`~
1. The plat of the re-subdivision of parcel B-2 owned
by Carol E. Littman and Mary Kathleen Pierce
located on a private road north of Route 665,
Newport Magisterial District.
1
Mr. Caskey advised that the plat has been reviewed and
approved by the Virginia Department of Transportation, Isle of
Wight Health Department and also the Department of Community
Development. Mr. Caskey stated the Planning Commission recommended
approval of this plat by unanimous vote.
On motion of Supervisor Turner, the Board voted unanimously
to approve the plat of the re-subdivision of parcel B-2 owned by
Carol E. Littman and Mary Kathleen Pierce located on a private road
north of Route 665, Newport Magisterial District.
2. The subdivision plat for Troy Lawrence Robertson
located on the east side of Route 681, in Hardy
Magisterial District.
Mr. Caskey advised that the Planning Commission recommended
approval by unanimous vote.
Chairman Sradby moved that the Board approve the subdivision
plat for Troy Lawrence Robertson located on the east side of Route
681, in Hardy Magisterial District. The Board voted unanimously
(4-O) to approve the application.
3. The subdivision plat of the property of John R. Spivey
et al, located on Route 612, in Windsor Magisterial
District.
1
Mr. Caskey advised that the Plat has been reviewed and
approved by the Department of Transportation and Department of
Community Development. Mr. Caskey stated the Health Department was
withholding comments until there is a lot by lot check for septic
tank and drainfield approval. Mr. Caskey also stated the Planning
Commission recommended approval by unanimous vote.
On motion of Supervisor Bradshaw, the Board voted unanimously
(4-0) to approve the subdivision plat of the property of John R.
Spivey et al, located on Route 612, in Windsor Magisterial
Ofstrict.
4. Request submitted by H. W. Roberson Company, Incorporated
for approval of restrictive covenants applicable to
property zoned Conditional B-1 Business General and to
be identified as Waterford Commercial Center
On motion of Supervisor Turner, the Board voted unanimously
(4-O) to approve the proposed restrictive covenants applicable to
property zoned Conditional B-1 Business General and to be
identified as Waterford Commercial Center.
Mr. Caskey advised that he had two late items for
consideration by the Board:
1
Mr. Caskey advised that recent improvements completed by the
State Highway Department in the County south of the Jamestown area
have resulted in alterations and realignments of several roadways.
He also stated such changes are not reflected on VDOT's General
Highway Map, making it a necessity for street names to be assigned
to the certain new sections of roadway.
Mr. Caskey presented an addendum for the Board's consideration
to the previously adopted list of street names.
On motion of Supervisor Bradshaw, the Board voted unanimously
(4-O) to approve the four new street names_as follows:
"Great Mill": Route 260, from Route 618 to Suffolk
line.
Qo~~ 1~ ,h:~4ip
"Butler Farm": Route 691, from Route 618 to dead end.
"Union Camp": Route 618, from Route 260 to Union Camp
gate.
Renamed "Short" to "Pear Tree": Route 642, from Route
603 to Route 641.
Mr. Caskey presented to the Board a
services between the County of Isle
Consultants, Inc. of Orange, Virginia.
Board that earlier in the year the
consultant for the E911 system. Mr.
contract has been reviewed and. approved
Attorney.
contract for professional
of Wight and MSAG Data
Mr. Caskey reminded the
Board had selected the
Caskey stated that the
as to form by the County
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to approve the contract.
County Administrator Standish presented a recommendation Prom
Gerald H. Gwaltney, Commissioner of the Revenue regarding
compensation for the Reassessment Board members at the rate of
$50.00 per meeting.
Supervisor Bradshaw questioned the Commissioner of Revenue
setting the salary for the Reassessment Board which is under the
Board of Supervisors and independent of the Commissioner of
Revenue's office. County Attorney Crook replied that the statute
simply states that the Board of Supervisors will fix the amount of
compensation for the Reassessment Board. The Board of Supervisors
at an earlier meeting had requested to County Administrator to come
back with a recommendation. The County Administrator had
consulted the Commissioner of Revenue who in turn recommended the
fifty dollars per meeting per member.
Supervisor Turner moved that the Reassessment Board members
be compensated at the rate of seventy-five dollars ($75.00) per
meeting and that $5,000.00 be allocated in the budget for this
purpose. The vote in favor of the motion was unanimous (4-O).
County Administrator Standish presented a resolution which
would accept and appropriate funds totaling $29,196.00 from the
Southeastern Virginia Area Wide Model Program (SEVAMP) to the
County's budget. He stated the funds were targeted for services
to the elderly by the County Health Department for such activities
as health screening, education, etc.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) to approve the resolution to appropriate the grant funds.
//
County Administrator Standish introduced David J. Murphy,
Public Utilities Director, who presented a report on the evaluation
of professional engineering services in connection with the
preparation of a comprehensive water and sewer plan for the county.
Mr. Murphy stated the County received an extremely good response
from the engineering community and that seventeen firms provided
the County with proposals. Mr. Murphy advised that a selection
committee, composed of three members of County staff, reviewed and
evaluated the proposals and short-listed three firms who came in
and made presentations based on their proposals. From these three
firms, Gannett Fleming was recommended because of their competence
and expertise in this field.
Supervisor Turner encouraged early consideration of growth
areas in the study.
~1
i
LJ
1
1
County Administrator Standish recommended the Board's
favorable consideration of Gannett Fleming, and recommended the
Board authorize the County Attorney to review and approve as to
.,
1
e~~a 14 r~~.461
torm the contract, and to revise the plan tasks per the Board's
direction.
Supervisor Edwards recommended that the Board meet with the
final firms and make a decision after meeting with them.
County Attorney Crook advised that the required procedure
under the Procurement Act is for the Board to interview the top two
firms at least.
On motion of Supervisor Turner, the vote was unanimous (4-0)
to bring the top two firms before the Board for presentation and
interview to allow the Board to make a final selection.
County Administrator Standish reported on needed improvements
to the septic tank/drainfield serving the Courthouse facilities
totaling $1,675.00.
County Administrator Standish also reported on the painting
improvements to the old District Courtroom accomplished by the
Public Service Authority at a cost of $786.00.
On motion of Supervisor Turner, the vote was unanimous (4-0)
to approve these two items relating to unanticipated costs for
Courthouse improvements.
County Administrator Standish reported that the dedication for
the Hazelwood Bridge over Chuckatuck Creek is scheduled for Friday,
November 17, 1989, at 11:00 A.M.
County Administrator Standish informed the Board that he had
a late item for action concerning improvements at the old
Smithfield High School outdoor recreational area. He informed the
Board that Virginia Power had to realign the overhead power line
and in order to do this, the County being the owner, must give
permission via a new right-of-way agreement.
On motion of Supervisor Turner, the Board voted unanimously
(4-0) for approval of the new right-of-way agreement for electrical
services at the old Smithfield High School property.
Supervisor Edwards recommended that due to the number of
current staff members that the position of Assistant to the County
Administrator not be filled for the remainder of the fiscal year.
On motion of Chairman Bradby, the Board voted unanimously (4-
0) that the Personnel Committee meet to discuss the matter and that
the position not be filled until the Personnel Committee reported
back to the Board.
//
Supervisor Turner consulted County Attorney Crook to determine
if a donation of $1,000.00 could be made by the County to the
victims of the earthquake in San Francisco, California.
County Attorney Crook advised that in quickly reviewing the
statutes he finds that the local governing body is authorized by
statute to donate to a regional body of which the County is a
member, and that the governing body can donate to a charitable
institution located within the County which serves the citizens of
the County. County Attorney Crook advised he would research it
further and be prepared to advise the Board at the next meeting if
the Board wished.
//
Chairman Bradby asked for the Board's consideration of 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
a
/^~~~!yy i
Magisterial District.
Rodham T. Delk, Jr., Attorney, appeared before the Board to
ask the Board to vote favorably for this application due to a tie
vote at a previous Board meeting. Mr. Delk stated that no
development would begin until such time as Route 620, between
Highway 258 and Smithfield Heights Drive, has been improved and
widened under the existing Highway Department plan.
County Attorney Crook advised the Board that the matter had
been considered at the previous Board meeting following the public
hearing and that there was a tie vote on a motion to approve the
re-zoning applied for. He further advised that Supervisor Bradshaw
was absent from that Board meeting and that Supervisor Bradshaw may
now cast his vote which if in favor will approve the re-zoning and,
if against, then the motion to approve the re-zoning will be
defeated.
Supervisor Bradshaw then oast his vote in favor of the motion
to approve 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 Route 258 and
655, in Newport Magisterial District.
Chairman Bradby asked for the Board's consideration in naming
Route 626 Mill Swamp Road.
W. Douglas Caskey, Assistant County Administrator/Community
Development noted that there was an interruption in the road.
Chairman Bradby moved that Route 626 from Smithfield town
limits to Route 621 and that Route 621 from Route 626 to Route
622 be named "Mill Swamp" Road. The motion passed by unanimous
vote (4-O).
//
On motion of Supervisor Bradshaw, the Board voted unanimously
(4-O) to approve the September 21, 1989 minutes of the Board of
Supervisors.
//
On motion of Supervisor Edwards, the vote was unanimous (4-
0) to approve the name of Peartree Road for Route 640.
At 8:50 P.M. Supervisor Turner moved the meeting be adjourned,
which passed unanimously (4-0).
Henry H. Br dby, Chairman
Myles Standish, Clerk
C
1
1