01-18-1990 Regular Meeting.,
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE EIGHTEENTH DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED
NINETY
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Carey Mills, Assistant Clerk
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Tt:e Chairman called the meeting to order at 7:00 P.M. The
invocation was given by Supervisor Ross.
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Chairman Bradby called for Citizens Comments.
No one appeared.
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Chairman Bradby called for the Community Development report.
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W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following conditional use permit
application for the Board's consideration:
1. The application of Coastal Investors, Inc. for a
Conditional Use Permit to locate an identification sign
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for Red Oaks Mobile Community, twelve (12) feet Prom the
right-of-way of Route 10 and thirty (30) feet from Pine
Boulevard (private roadway) in Newport Magisterial
District.
Mr. Caskey informed the Board that a request from the
applicant had been received requesting the application be tabled
to the Board's February 15, 1990 meeting.
Supervisor Turner moved to table the conditional use permit
application of Coastal Investors, Inc. to the February 15, 1990
meeting of the Board of Supervisors.
The vote in favor was unanimous (5-O).
Mr. Caskey presented the following application for the Board's
consideration:
2. The application of Lionel A. Wilson to locate a mobile
home for daughter, Jamie Grant and family, on 119.5 acres
of land located on the north side of Route 621, Between
Route 523 and Route 625, in Hardy Magisterial District.
Mr. Caskey stated the Planning Commission recommended approval
by unanimous vote.
Chairman Bradby moved to approve the application of Lionel A.
Wilson to locate a mobile home for daughter, Jamie Grant and
family, on 119.5 acres of land located on the north side of Route
621, Between Route 623 and Route 625, in Hardy Magisterial
District. The vote in favor was unanimous (5-O).
Mr. Caskey presented the following application for the Board's
consideration:
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3. The application of Dashiell Enterprises, owner, Rosso &
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Lovell, Inc., lessee, to locate a business sign twelve
(12) feet from the right-of-way of Route 17, in Newport
Magisterial District.
Mr. Caskey advised that the Planning Commission recommended
denial by unanimous vote.
Mr. Rosso appeared and stated he would like to continue
keeping the sign where it has been located for the past five years.
Mr. Rosso further stated that in coming to the Board of Supervisors
meeting this evening, he noticed numerous signs in violation of the
35-foot law.
County Attorney Crook advised that in 1984 the Code was
amended to require 35 feet set back and some signs were in place
prior to that time.
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Supervisor Ross moved to deny the application of Dashiell
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Enterprises, owner, Rosso & Lovell, Inc., lessee, to locate a
business sign twelve (12) feet from the right-of-way of Route 17,
in Newport Magisterial District. The vote in favor was unanimous ~
(s-o).
Mr. Caskey presented the following application for the Board's
consideration:
4. The application of Raymond D. and Cynthia B. Brock to
locate a mobile home for brother, Timmie R. Brock and
family to occupy, on 10.04 acres of land located on the j
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east side of Route 600, between Route 606 and 700, in
Newport Magisterial District.
Mr. Caskey informed the Board that the Planning Commission
recommended approval by unanimous vote.
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Supervisor Turner moved to approve the application of Raymond
D. and Cynthia B. Brock to locate a mobile home for brother, Timmie
R. Brock and family to occupy, on 10.04 acres of land located on
the east side of Route 600,•:~etween Route 606 and 700, in Newport
Magisterial District.
Mr. Caskey presented the following application for the Board's
consideration:
5. The application of Lenious A. Jordan, et al, to locate
a mobile home to be occupied by Annette J. Campbell and
family, on property located on the south side of Route
601, between Route 602 and the Suffolk Corporate Line,
in Newport Magisterial District.
Mr. Caskey informed the Board that the Planning Commission
recommended approval by unanimous vote.
Supervisor Turner moved to approve the application of Lenious
A. Jordan, et al, to locate a mobile home to be occupied by Annette
J. Campbell and family, on property located on the south side of
Route 601, between Route 602 and the Suffolk Corporate Line, in •
Newport Magisterial District. The vote in favor was unanimous (5-
0) .
Mr. Caskey presented the following application for the Board's
consideration:
6. The application of Conrad G. and Jane M. Ashe to locate
a mobile home for son, C. G. Ashe, Jr. , to occupy on
fifty (50) acres of land located on the west side of
Route 650, between Route 637 and Route 646, in Hardy
Magisterial District.
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Mr. Caskey informed the Board that the Planning Commission
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unanimously recommended approval on the conditions that the site
is excluded from the B-1 District and the lot is subdivided from
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the parent tract as a separate parcel.
Supervisor Bradshaw moved to approve the application of Conrad
G. and Jane M. Ashe to locate a mobile home for son, C. G. Ashe,
Jr., to occupy on fifty (50) acres of land located on the west side
of Route 650, between Route 637 and Route 646, in Hardy Magisterial
District with the conditions recommended by the Planning
Commission. The vote in favor was unanimous (5-0).
Mr. Caskey presented the following application for the Board's
consideration:
7. The application of Conrad G. and Jane M. Ashe to locate
a mobile home for the campground manager to occupy on
fifty (50) acres of land located on the west side of
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Route 650, between Route 637 and Route 646, in Hardy
Magisterial District.
Mr. Caskey informed the Board that the Planning Commission
recommended approval of the application by a vote of 6-2 with
Commissioners from the Carrsville and Windsor Districts voting in
opposition.
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Supervisor Ross moved for approval of the application of
Conrad G. and Jane M. Ashe to locate a mobile home for the
campground manager to occupy on fifty (50) acres of land located
on the west side of .Route 650, between Route 637 and Route 646, in
Hardy Magisterial District with the limitation that the mobile home
be used for the Campground Manager only. The vote in favor was
unanimous (5-0).
Mr. Caskey presented the following application for the Board's
consideration:
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8. The application of Joseph F. and Mary M. Brown, owners
and Contel of Virginia, Inc. prospective owner, to locate
a telephone switching facility, "relay station" on .24
acre of land off Route 704, in Rescue, Newport
Magisterial District.
Mr. Casket' informed the Board that the Planning Commission
recommended approval by unanimous vote.
Supervisor Turner moved for approval of the application of
Joseph F. and Mary M. Brown, owners and Contel of Virginia, Inc.
prospective owner, to locate a telephone switching facility, "relay
station" on .24 acre of land off Route 704, in Rescue, Newport
Magisterial District. The vote in favor was unanimous (5-O).
Mr. Casket' presented the following plat for the Board's
consideration:
1. Plat of the property of Waverly J. Ward and Deborah A.
Ward, located off Route 602, in Newport Magisterial
District.
Mr. Casket' informed the Board that the Planning Commission
recommended approval by unanimous vote.
Supervisor Edwards moved to approve the plat of property of
Waverly J. Ward and Deborah A. Ward, located off Route 602, in
Newport Magisterial District. The vote in favor was unanimous (5-
0) .
Mr. Casket' presented the following plat for the Board's
consideration:
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2. Subdivision plat of a portion of property owned by the
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Johnnie M. March Estate, six (6) lots located in Windsor
Magisterial District.
Mr. Caskey informed the Board that the Planning Commission
recommended denial of the plat by unanimous vote because the plat
does not limit the number of curb cuts onto Route 641.
Supervisor Turner moved that the plat showing subdivision of
a portion of property owned by the Johnnie M. March Estate, six (6)
lots located in Windsor Magisterial District be approved as
presented with each individual lot having their own driveways. The
vote in favor was unanimous (5-0). _
Mr. Caskey presented the following plat for the Board's
consideration:
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3. Plat showing portion of property of H.R.F.T., Inc.
containing 1.963 acres located on Route 460, in Windsor
Magisterial District.
Mr. Caskey informed the Board that the Planning Commission
recommended approval by unanimous vote.
Supervisor Turner left the room at 7:40 P.M.
Supervisor Edwards moved for approval of the plat showing a {
portion of property of H.R.F.T., Inc. containing 1.963 acres
located on Route 460, in Windsor Magisterial District. The vote
in favor was unanimous (4-0) of those members present.
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Supervisor Turner returned to the meeting.
Chairman Bradby called for the County Attorney's report.
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H. Woodrow Crook, Jr., County Attorney, reminded the Board
that at the previous meeting the Board directed preparation of an
ordinance to consider reduction or exemption from personal property
taxes for motor vehicles of volunteer fire department members,
rescue squad members, and the disabled or handicapped. Mr. Crook
advised the Board that this was allowable by law, but would not
take effect until July of 1990 when the tax rates were set and
asked the Board whether they wanted to consider "reduction" or
"exemption" from personal property taxes in the ordinance.
Supervisor Turner moved to include "exemption" from personal
property taxes in the proposed ordinance. The vote fn favor was
unanimous (5-O).
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Chairman Bradby called for the County Administrator's report.
County Administrator Standish asked for the Board's favorable
consideration of a contract between the County and the Health
Department for their services for the current fiscal year.
Supervisor Turner moved for approval of the contract between
the County and the Health Department. The vote in favor was
unanimous (5-0).
County Administrator Standish asked for the Board's favorable
consideration of a request from the Virginia Department of
Transportation relative to a resolution that would abandon an old
section of Route 644 in Isle of Wight County.
Supervisor Turner moved to adopt the following resolution.
The vote in favor was unanimous (5-0).
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Whereas, Secondary Route 644, has been altered and a new
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road has been constructed and approved by the Virginia
Department of Transportation, which new road serves the
same citizens as the road so altered; and
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Whereas, certain sections of this new road follows new
locations, these being shown on a sketch entitled
"Changes in Secondary System Due To Relocation And
Construction On Route 644, Project 0644-046-P31, N501"
dated December 28, 1989.
Now, therefore, be it resolved: That the Board
recommends that the section of old location, ie, Section
"A" shown in red on the aforementioned sketch, a total
distance of 0.124 mi., be, and the same hereby is
abandoned as a public road pursuant to Section 33.1-155
of the Code of Virginia 1950, as amended.
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And, further, that Section "B" shown in blue on the
aforementioned sketch, a total distance of 0.147 Mi., be,
and hereby is added to the Secondary System of State
Highways, pursuant to Section 33.1-229 of the Code of
Virginia of 1950, as amended.
County Administrator Standish asked for the Board's favorable
consideration of a resolution to appropriate fourteen thousand one
hundred dollars from the unappropriated fund balance for
supplemental funding of constitutional officers salaries.
Supervisor Turner moved to adopt the following resolution.
The vote in favor was unanimous (5-0).
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RESOLUTION TO APPROPRIATE FOURTEEN THOUSAND ONE HUNDRED FIFTY-FOUR
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE FOR SUPPLEMENTAL
FUNDING OF CONSTITUTIONAL OFFICERS SALARIES
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WHEREAS,~the Board of Supervisors of the County of Isle of
Wight, Virginia has received notification from the state
Compensation Board that effective January 1, 1990, Constitutional
Officers and their personnel will receive a salary increase; and
WHEREAS, funds in the amount of Fourteen Thousand One Hundred
Fifty-Four dollars ($14,154) are needed to be appropriated to the
Commissioner of Revenue, Treasurer, Sheriff, Clerk of Circuit Court
and Commonwealth's Attorney 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
Fourteen Thousand One Hundred Fifty-Four dollars ($14,154) be
appropriated to the following line items in the noted amounts:
11-1209-1001, Commissioner of Revenue, salaries ($1,699); 11-1213-
1001, Treasurer, salaries ($941); 11-2106-1001, Clerk of Circuit
Court, salaries ($4,227); i1-2201-1001, Commonwealth's Attorney,
salaries ($662); and i1-3102-1001, Sheriff, salaries ($6,625) fn
the 1989-90 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the
appropriate accounting adjustments in the budget and to do all the
things necessary to give this resolution effect.
County Administrator Standish recommended to the Board that
a committee meet with Suffolk to discuss potential water agreement.
Chairman Bradby suggested that Supervisors Turner and Ross
meet with Suffolk to discuss a possible water agreement.
County Administrator Standish requested authorization to
~ develop a Community Development Block Grant application for
improved water system in the extreme south end of the County.
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Supervisor Turner moved to authorize County Administrator
Standish to develop a Community Development Block Grant application
for an improved water system. The vote in favor was unanimous (5-
0) .
County Administrator Standish informed the Board that the
General Assembly may be considering legislation to levy a 10 cents
per 1,000 gallons fee on ground water withdrawal and asked the
Board to authorize a letter to the General Assembly indicating
strong opposition to the levy.
Supervisor Turner moved to authorize County Administrator
Standish to send a letter to the General Assembly indicating Isle
of Wight County's opposition to the levy. The vote in favor was
unanimous (5-0).
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Chairman Bradby called for Old Business.
Chairman Bradby read a thank you note from the Library
expressing their appreciation of support received from Isle of
Wight County.
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Chairman Bradby called for Appointments.
County Attorney Crook advised he had received a letter from
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William K. Barlow, attorney of the Public Service Authority
advising that Mr. Spivey's term will expire in February of 1990.
Supervisor Turner informed the Board that he had spoken with
Mr. Iiollowell who informed him that due to health reasons, he would
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not be able to serve another term on the Board of Building Appeals o
Supervisor Turner continued that he would try to have a nominee for
this vacancy at the next meeting.
County Administrator Standish reported that he would have the
appointments for the Commission of Aqinq sent under separate cover
to the Board of Supervisors next week.
County Attorney Crook advised that the Commission of Aging by-
laws were not in accord with law and that he had suggested to the
Commission that they check with the State Department on Aging to
get proper by-laws to review and submit to the Board.
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Supervisor Turner moved for approval of the minutes of the
December 21, 1989 Board of Supervisors meeting. All members voted
in favor (4-0) except Supervisor Ross, who abstained.
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County Attorney Crook requested an Executive Session under
Section 2.1-344.A1 for discussion and consideration of a
prospective candidate for employment, specifically employment or
retaining a Real Estate Appraiser regarding the Lake Gaston,ll~~~•
Pipeline properties pursuant to the County's 'agreement with
Virginia Beach; Section 2.1-344.A3 concerning the acquisition of
property for public use, specifically the Tylers Beach Boat Harbor;
Section 2.1-344.A1 for discussion of a personnel matter,
specifically consideration of compensation time of a former
employee; Section 2.1-344.A3 for discussion of acquisition or use
of real property for public purposes, specifically sites for trash
collection and negotiations with the Town of Smithfield concerning
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same; and Section 2.1-344.A7 for consultation with legal counsel
and staff members regarding potential litigation, specifically
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defining duties of the special counsel for annexation.
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At 8:07 P.M., Supervisor Turner moved the Board go into
Executive Session for the reasons stated by County Attorney Crook.
The vote in favor was unanimous (5-0).
Upon the Board returning to open session, Supervisor Edwards
moved the adoption of 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
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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
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AYES: 5
NAYS: 0
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
County Attorney Crook advised the Board that a motion was
needed to authorize County Administrator Standish and County
Attorney Crook to negotiate with an Appraiser concerning the
Virginia Beach water line-Virginia Beach/Isle of Wight County
agreement.
Supervisor Bradshaw moved to authorize County Administrator
Standish and County Attorney Crook to negotiate with an Appraiser
concerning the Virginia Beach water line. The vote in favor was
unanimous (5-0).
Supervisor Edwards moved that a committee be appointed to work
with the County and City of Franklin about an industrial area in
Isle of Wight County. The vote in favor was unanimous (5-O).
Chairman Bradby appointed Supervisors Edwards and Bradshaw
which was unanimously approved (5-0).
Supervisor Turner moved that the committee as appointed by the
Board previously concerning Smithfield Foods request a meeting with
other committees involved to meet with a representative from HRSD.
The vote in favor was unanimous (5-0).
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At l0: 05 P.M. , Supervisor Ross moved the meeting be adjourned,
which passed unanimously (5-0).
Henry H. Bradby, Chairman
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Myles E Standish, Clerk
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