04-05-1990 Regular Meetingao~r 14 :~:~.~~4?
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE FIFTH DAY OF APRIL 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 Casket', Assistant County
Administrator/Community Development
Carey Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 2':00 P.M. The
invocation was delivered by Chairman Bradby.
//
Chairman Bradby called for the Transportation Matters.
R. W. Coates, Resident Engineer, Virginia. Department of
Transportation, stated that he would be retiring in August of 1990
and introduced Mac Farland Neblett as his replacement.
Supervisor Bradshaw asked Mr. Coates if Route 694 had been
put on bid.
Mr. Coates stated. it had not been put to bid yet, but the
Virginia Department of Transportation should have it on contract
by-July, 1990.
Supervisor Bradshaw asked for Mr. Coates' assistance in
cleaning the ditches on Routes 613 and 615.
Supervisor Turner recognized Mr. Coates for his outstanding
accomplishments for the County and welcomed Mr. Neblett.
Supervisor Turner moved the Board adopt the following
resolution:
A RESOLUTION REQUESTING_THE COMMISSIONER OF THE VIRGINIA DEPARTMENT
OF TRANSPORTATION TO ACCEPT AND INCLUDE ORCHARD GARDEN LANE INTO
THE VIRGINIA STATE SECONDARY ROAD SYSTEM
BE IT RESOLVED by the Board of Supervisors of the County of
Isle of Wight, Virginia, that the Commissioner of the Virginia
Department of Transportation be, and he is hereby, requested to
include as a part of the Virginia State Secondary Road System of
Highways, subject to improvement and maintenance in accordance with
Section 33.1-229, Code of Virginia, as amended and reenacted, the
following street, Orchard Garden Lane, located in The Hardy
Magisterial District, Isle of Wight County.
1. Orchard Garden Lane - Beginning at a point on
State Route 10 0.06 mile northwest of its
intersection with State Route 674; thence
running in a southwesterly direction 0.16 mile
to a cul-de-sac.
Length: 0.16 mile
Right of way: 40 feet
Total length: 0.16 mile
Unrestricted rights of way forty (40) feet in width and
additional right-of-way for the cul-de-sac, along with the
necessary drainage easements have .been provided and-are on record
in the Office of the Clerk of the Circuit Court for Isle of Wight
County in Deed Book 216, Pages 536-53.8, dated January 17, 1973;
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Deed Book 364, pages 842-845, dated January 26, 1990; Deed Book
366, pages 703-706, dated March 21, 1990; Deed Book 366, pages 707-
711, dated March 21, 1990, and are guaranteed.
The motion passed by unanimous vote (5-0).
Chairman Bradby called for comments by citizens with road
concerns.
None appeared.
Chairman Bradby read the following resolution of appreciation
to Mr. Coates.
RESOLUTION OF APPRECIATION TO RICHARD WARREN COATES, RESIDENT
ENGINEER, SUFFOLK DISTRICT, FOR HIS PROFESSIONAL ACCOMPLISHMENT AND
OUTSTANDING SERVICE TO ISLE OF WIGHT COUNTY
WHEREAS, Richard Warren Coates has served the Virginia
Department of Transportation since June, 1953, and has continuously
risen in responsibility and accomplishment in that organization;
and,
WHEREAS, Richard Warren Coates has served as Resident Engineer
within the Virginia Department of Transportation°s Suffolk District
since August of 1973; and,
WHEREAS, Richard Warren Coates has served the transportation
needs of the Commonwealth of Virginia, the Hampton Roads region,
and, most particularly, the County of Isle of Wight
in an exemplary and outstanding manner; and,
WHEREAS, Richard Warren Coates will retire from the Virginia
Department of Transportation effective August 1, 1990 after more
than thirty seven years of dedicated public service.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors
of Isle of Wight County, Virginia, that it hereby expresses its
appreciation far the dedicated efforts and support of Richard
Warren Coates during his many years of service and hereby
congratulates him for his outstanding record of accomplishment
spanning over thirty seven years.
BE IT FURTHER RESOLVED, that a copy of this resolution of
appreciation be presented to Richard Warren Coates at the regular
meeting of the Board of Supervisors of April 5, 1990, and that
copies of this resolution be forwarded to the District Engineer of
the Suffolk District and the Commissioner of the Virginia
Department of Transportation.
The motion passed by unanimous vote (5-0).
County Administrator Standish stated the County had previously
been participating in the Virginia Department of Transportation's
revenue sharing program at a level of $200,000.
Supervisor Turner moved to allocate $200,000 for participation
in the Virginia Department of Transportation's revenue sharing
program. The vote in favor was unanimous (5-O).
//
Chairman Bradby called for the presentation by William R.
Pierce, State Department of Forestry.
William R. Pierce, State Department of Forestry gave an
activity report for 1989.
Supervisor Turner moved the Board adopt the following 1989
Report of Forestry Activities in Isle of Wight.
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1989 Report of Forestry Activities in Isle of Wight
Acres Total .Commercial Forest: 116,476
1. Forest Fire Data Number Acres
Forest Fire Burned 1 8
No. fires on which suppression costs 0
collected
No. fire law violations in court 0
2. Forest Landowners Assisted
Forest Management Plans 21 1944
Other examinations and landowner assists 117 6457
Total landowners assisted 138 8401
3. Forest_Manaaement Accomblishments
Landowners ordering seedlings 14
No. seedlings planted 261,000
No, tracts planted or seeded and 15 631
acreage
Natural regeneration 10 390
Total reforestation 25 1021
u
No. tracts and acreage site prepared 3 146
(prescribed burned)
No. tracts and acreage site prepared 2 4~
(other)
Total site preparation 5 189
Pine stands thinned 0 0
4. Best Management Practices Lin Ft
Log road layout
Stabilization (roads, decks, fire lines) 5 1200
Buffer strips (streamsde wildlife, .etc.)
Other BMP's 58
5. Information and Education
Articles to news media 4
Talks (schools, clubs, fire, field trips) 19
Exhibits, parades 9
The motion passed by unanimous vote (5-0).
//
Chairman Bradby called for Public Hearings.
Dr. Vito Morlino, School Superintendent, stated the Board had
the 1990-91 School Board Budget which was adopted by the School
Board on March 23, 1990, and which proposed no new programs, but
does comply with the-State mandate on average teachers salary
increase and places importance on instructional needs. Dr. Morlino
further stated the deliberations on this budget were consciously
influenced by the imminent needs of the developing capital
improvement plan. Dr. Morlino stated major increases can be
identified as follows:
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1. Instruction increase; $2.6 million
2. Food Service increase; $400;000
3. Asbestos Abatement; $400,000
4. Free Additional Bus Replacements to meet the
Virginia Department of Transportation's
mandates; $100,000
Dr. Morlino pointed out that the State share in the 1989-90
budget was 46.4$ and the County share was 51.2$. Dr. Morlino
continued that in the 1990-91 budget, the State share is 47.2$ and
the projected County share is 48.7$.
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Dr. Morlino continued that in order to attract the quality
growth that the County deserves, the County must continue to
support and develop the quality and growth of our public school
system.
Chairman Bradby asked for persons in favor of the School Board
1990-91 Budget.
.Jane Luber, 1119 St. Catherine Drive, Carrollton, spoke in
favor of the 1990-91 Schools budget.
Linda Morgan, Chairman of the School Board, spoke in favor of
the 1989-90 Schools budget.
Chairman Bradby asked for persons in opposition to the 1990-
91 School Board Budget.
No one appeared.
County Attorney Crook stated the Board was prevented by law
from acting on the 1990-91 School Board budget at the April 5, 1'990
meeting and that the Board must wait at least seven days. County
Attorney Crook continued that the 1990-91 School Board budget was
scheduled to be on the April 19, 1990 agenda at which time the
Board would presumably act on the Budget.
Supervisor Bradshaw stated the members of the School Board and
Dr. Morlino were doing a good job; however, consideration must be
given to what the staff can do without, such as an Assistant to Dr.
Morlino and a Computer Coordinator.
//
Chairman Bradby called for the public hearing on the Ordinance
to Amend Chapter 3, Section 3-21 of the Isle of Wight County Code
to Amend the Leash Law to Require That Dogs May Not Run at Large
in Subdivisions.
County Administrator Standish asked Shirley Land, Animal
Control Officer to approach the podium to make introductory
comments.
Shirley Land stated that the changes requested for the leash
law is based on complaints received in the last two and a half
years working for the County and not being able to enforce a leash
law in subdivisions zoned A-1, A-2, or A limited. Mrs. Land stated
citizens had expz°essed a great deal of frustration at dogs running
at large, or in packs, which raid trash cans, dig holes in yards,
or chasing people. Mrs. Land further stated many hunters had
expressed concern that their activities may be cut out, but that
the paragraph would not be changed in the leash law enabling
hunters to still run their dogs on a hunt, field trials or training
exercises, as long as the owner was with-the dog.
Chairman Bradby asked for persons in favor of the ordinance.
Ruth Austin of Cherry Grove Acres spoke in favor of the
ordinance.
Ed Lynch, of Highway 654 at Roundtree Meadows, spoke in favor
of the ordinance stated he felt the County had a severe need to
control dogs running at large.
Chairman Bradby asked for persons to speak in opposition to
the ordinance.
David Joyner, of Route 2, Box 289C, Windsor, spoke in
opposition to the ordinance stating he had a problem with the
second paragraph of the ordinance which read "A dog shall not be
considered at large if during the hunting season it is a bonafide
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hunt in the company of a licensed hunter, during field trials or
training periods, when accompanied by its owner or custodian." Mr.
Joyner further stated that when he _ turned his dogs. out, he was
unable to guarantee where they would end up and asked that on the
amendment, under the leash law in subdivisions, .that it completely
exclude collared hunting dogs.
Phyllis Bloxom of Rushmere stated she was not in favor or in
opposition. Mrs. Bloxom stated in her neighborhood, there were a
total of four dogs, and none had caused any problems or damage.
Mrs. Bloxom stated that in heavily populated areas, there may be
a need for this ordinance, but in her area, she would like for it
to remain the same.
Charles Little stated that in some areas, there was a need for
a leash law; however, in a rural area, there is not a need to amend
the leash law.
Buck Jones stated in a rural area he believed there was no
need for a: leash law;. however, in populated areas, there may be a
need for the amended leash law.
County,Attorney Crook stated the problem of the Animal Control
Officer is with the people who-live in subdivisions who call the
Animal Control Officer about dogs and she can't do anything because
it is not zoned residential. Mr. Crook further stated he had no
problems with any of the suggestions made, one to exempt collared
hunting dogs and the other tc~ make subdivisions ten .lots or more.
Mr. Crook advised he-could make these changes if the Board desired.
Supervisor Turner stated the County did not want to limit the
hunting, but the County needed something that the Animal Control
Officer could work with if there was a problem.
Supervisor Edwards stated there had been .several suggestions
from the citizens on various ways the amended ordinance could be
worded which might solve the problem. Supervisor Edwards further
stated he was hesitant about changing the ordinance today- and
suggested the Board table the ordinance to refer it to a committee
of the County Attorney, Board members, and concerned citizens to
see if something could be worked out to protect the dog owners and
property owners.
Chairman Bradby stated he had a problem with the ordinance in
that the County should not penalize the citizens or make it hard
for the Animal Control Officer. Chairman Bradby further stated he
would vote against it and that a committee of County Attorney
Crook, one Board member, and various members of hunting clubs could
put together an ordinance that will be acceptable to all parties
concerned.
Supervisor Bradshaw moved to table the Ordinance to Amend
Chapter 3, Section 3-21 of the Isle of Wight County Code to Amend
the Leash Law to Require That Dogs May Not Run At Large in
Subdivisions to the. June 21, 1990 meeting of the Board of
Supervisors and that in the interim the Chairman appoint a
committee of representatives of people who are in favor of the
ordinance as drawn with representatives of hunting clubs and one
Board member. The vote in favor was unanimous (5-0).
//
Chairman Bradby called for public hearing on the Ordinance To
Amend Chapter 3, Section 3-9 of the Isle of Wight County Code Ta
Add Provisions For Dog Killing Domestic Animals Other Than
Livestock Or Poultry.
County Attorney Crook stated the present ordinance controls
dogs killing, injuring, or chasing livestock or poultry and does
not protect other domestic animals. Mr. Crook advised that the
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State law has been changed to include other domestic animals and
that the County code is being changed likewise to include other
domestic animals.
Supervisor Bradshaw moved to adopt the following ordinance.
The vote in favor was unanimc+us (5-O).
AN ORDINANCE TO AMEND CHAPTER 3, SECTION 3-9 OF THE ISLE OF WIGHT
COUNTY CODE TO ADD PROVISIONS FOR DOG KILLING OTHER DOMESTIC
ANIMALS OTHER THAN LIVESTOCK OR POULTRY
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that Section 3-9 of the Chapter
3, Article II, Division 1, of the Isle of Wight County Code be
amended to read as follows:
Section 3-9, Doas. killing, injuring or chasing livestock,
poultry or other domestic animal.
It shall be the duty of any animal warden or other officer who
may find a dog in the act of killing or injuring livestock, poultry
or other domestic animal to kill such dog forthwith, whether such
dog bears a tag or not. Any person finding a dog committing any
of the depredations mentioned in this section shall have the right
to kill such dog on sight, as shall any owner of livestock, poultry
or other domestic animal or his agent finding a dog chasing
livestock, poultry or other domestic animal on land utilized by
said livestock, poultry or other domestic animal when the
circumstances show that such chasing is harmful to the livestock,
poultry or other domestic animal. Any court shall have the power
to order the animal warden or other officer to kill any dog known
to be a confirmed livestock, poultry or other domestic animal
killer, and any do killing livestock, poultry or other domestic
animal for the third time shall be considered a confirmed
livestock, poultry or other domestic animal killer.
Any animal warden who has reason to believe that any dog is
killing livestock, poultry or other domestic animal shall be
empowered to seize such dog solely for the purpose of examining
such dog in order to determine whether it committed any of the
depredations mentioned herein. Any animal warden or other person
who has reason to believe that any dog is killing livestock,
poultry or other domestic animal, or committing any of the
depredations mentioned in this section, shall apply to a magistrate
of the county, city or town wherein such dog may be, who shall
issue a warrant requiring the owner or custodian, if know, to
appear before a general district court at a time and place named
therein, at which time evidence shall be heard. If it shall appear
that the dog is a livestock or poultry or has habitually killed
other dogs or domestic animals, the court may order that the dog
be killed immediately by the animal warden or other officer
designated by the court.
/1
Chairman Bradby called for the request of James M. Person to
hold a Music/Entertainment Festival on property owned by Arthur L.
Roberts located on Routs 686, at Tylers Beach, Hardy Magisterial
District on Saturday, May 26, 1990, (rain date on May 27, 1990).
James Person appeared and stated he appeared before the Board
last year and that basically the application had not changed other
than the number of dates and the time frame in which he has taken
a more conservative approach. Mr. Person further stated the new
hours were from between 3:00 P.M. and 7:00 P.M. with security to
remain the same and one rain date.
Chairman Bradby called for persons in opposition to the
application.
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Phyllis Bloxom of Rushmere Shores in Rushmere stated she had
a problem with the .application and wanted Mr. Person to expand on
what kinds of drinks would be served, the security, and when it
would begin and end.
Mr. Person stated it would begin at 3:00 P.M. and end at 7:00
P.M. with United Security policing the area. Mr. Person advised
that the State requires at this type of gathering that beer be sold
with profits of the beer sales to go to a non-profit organization.
Mr. Person continued that it was necessary to have a rain date
because it takes a united effort to pull this off.
Chairman Bradby stated he had a problem with the rain date
being a Sunday because Church activities went on all through the
day and he did not want this kind of. activity going on. .Chairman
Bradby continued that he would support a Saturday festivity date,
but could not support the Sunday rain date.
Chairman Bradby asked for persons to .speak in favor of the
request.
Michelle Johnson of Williamsburg stated she had worked with
Mr. Person in the past-'two years and .was in favor of the request.
Supervisor Turner offered for discussion that the rain date
to be carried to the following Saturday.
County Attorney Crook advised. that the rain date could be
deleted but not changed from Sunday to another without
readvertising the application for another public hearing.
Supervisor Turner moved the Board to table the request of
James M. Person to the April 19, 1990 meeting of the Board of
Supervisors and readvertise same with the. rain date being the
following Saturday. The vote in favor was unanimous (5-0).
Chairman Bradby called for consideration of the application
of Kenneth E. Williams, owner and K. G. Kantsios, prospective owner
for a change in zoning classification from A-1, Agricultural
Limited to C-M-1, Conditional Industrial Limited, 2.715 acres of
land located on the north side of Route 17, between Route 661 and
Route 662, in Newport Magisterial District. The purpose of the
application is for a wholesale warehouse, retail showroom and
accessory uses.
Chairman Bradby called for persons in favor of the
application.
Jess Langhart, a real estate broker in Newport News
representing Mr. Williams and Mr. Kantsios, spoke in favor of the
application.
K. G. Kantsios, prospective owner, spoke in favor of the
application,
Supervisor Turner moved the Board approve the application of
Kenneth E. Williams, owner and K. G. Kantsios, prospective owner,
for a change in zoning classification from A-1, Agricultural
Limited to C-M-1, Conditional Industrial Limited, 2.715 acres of
land located on the north side of Route 17, between Route 661 and
Route 662, in Newport Magisterial District. The vote in favor was
unanimous (5-0).
//
Chairman Bradby called for Citizens Comments.
William Laine stated several citizens were concerned abaut
action the Board took last summer in establishing a no-wake zone
on the Pagan River at Gatling Pointe and asked the Board to
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reconsider that action. Mr. Leine further commented he felt like
the Pagan River was a major thoroughfare from the Smithfield area
to the James River and that the Board was imposing an unreasonable
burden on everyone else using the river for the benefit of a few
people to keep them from building a bulkhead to stop wave action.
Alan Monette spoke in apposition to the ordinance and stated
a lot of people would have been at the earlier meeting had they not
missed the notice. Mr. Monette further stated he would like to see
the ordinance changed and that the Board adopt a policy tinat the
river have no no-wake zones from Smithfield to the James River.
Carter Williams, Pagan River property, owner, stated he was
also concerned about the ordinance and missed the ordinance in the
paper when it was advertised. Mr. Williams continued he had spoke
with approximately fifty families who also had opposition to the
no-wake zone ordinance.
Supervisor Ross moved the Board direct County Attorney Crook
to prepare a resolution to be advertised that the Board will have
a public hearing to consider repealing the no-wake zone. The vote
in favor was unanimous (5-0).
Bob Steele, homeowner and contractor for Smithfield Downs,
stated there was a problem with the water system and that he had
people wanting houses built, but cannot get building permits
because the Company that had sold the property had filed
bankruptcy. Mr. Steele further stated that he had spoken with the
Health Department who informed him the owners could put down their
own community well, but under the contract signed with the company
who filed bankruptcy, they have a community well system which is
not adequate to supply all houses in the subdivision.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated he was advised that the developers of the
Springfield Downs subdivision had filed for bankruptcy. Mr. Caskey
advised that the developer was notified of expected performance of
all physical improvements before the termination of their
performance dates which was around October, which was 30 days
notice. Mr. Caskey further advised that he did not hear from them
and notified Crestar Bank that the County had a valid Letter of
Credit in the amount of somewhat over $100,000. Crestar Bank then
notified the County that because of the situation and status of the
subdivision that other methods for providing financing for
completing the improvements should be addressed, which is when the
County began. working with the County Attorney's office and the
attorneys for Crestar Bank.
Jimmy Hodges, owner of five lots, appeared and stated that it
had been over six months and it should have been completed in
October. Mr. Hodges asked the Board how long it takes the County
to respond after the developer defaults and the County takes over.
County Attorney Crook stated that first Crestar took the
position that since the developer was in bankruptcy that put
everything on hold concerning the bond. Mr. Crook further advised
that he negotiated with the attorneys for Crestar who have agreed
to pay the amount of the cost of improvements, which will take
time.
Supervisor Turner commented that. the County had bids on the
road part of it and as soon as the County finds out which direction
it can go with the water, the County will have bids on that.
Supervisor Turner continued that the Board could not take action
today as to what FCR's position is until they are contacted, but
that it can be done and brought back to the April 19, 1990 meeting
and in the meantime, the County will be in a position as to what
it is going to cost to fix the water system.
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Grace Keen stated she had been asked by citizens to go to the
Board to see if she could find a solution to-their sewage problems.
Mrs. Keen stated she could not give out the development. name, but
that it was in Supervisor Turner's district.
Supervisor Turner stated that a great majority of the land
that was approved for septic use ten years ago will not pass under
the new standards that the Health Department .sets today.
Supervisor Turner also stated that there are many situations that
do need help and sewage lines brought into the area.
//
Chairman Bradby called for the Community Development Report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following application and plats for the
Board's consideration:
1. The application of Raymond Holloway and Gladys Holloway
to allow a mobile home for their daughter, Betty Ruffin
and family to occupy on property 1^cated on the north
side of Route 696, between Route 696 and Route 641, in
Windsor Magisterial District.
Supervisor Bradshaw moved to approve the application of
Raymond Holloway and Gladys Holloway as recommended by the Planning
Commission. The vote in favor was unanimous (5-O).
2. Subdivision plat of property of .Kenneth Glenn Edwards and
Brenda Byrum Edwards, 9.03 acres of land located on Route
646, in Hardy Magisterial District.
Chairman Bradby moved to approve the. plat of Kenneth Glenn
Edwards and Brenda Byrum Edwards. The vote in favor was unanimous
(5-0).
3. Subdivision plat of property of Johnny R. Boyd and Mary
K. Boyd, 2.7361 acres of land located off of Route 627,
in Hardy Magisterial District>
Supervisor Turner moved to approve the plat of Johnny R. Boyd
and Mary K. Boyd. She vote in favor was unanimous (5-0).
4. Subdivision plat of property of Howard Dailey Delk and
Virginia Lee Delk, 1.328 acres of land located off of
Route 626, in Hardy Magisterial District.
Supervisor Edwards moved to approve the plat of Howard Dailey
Delk and. Virginia Lee Delk. The vote in favor was unanimous (5-
O) .
5. Subdivision plat of property of William N. Howell, Jr.,
1.033 acres of land located on Duke's Lane, in Windsor
Magisterial District.
Supervisor Bradshaw moved to approve the plat of William N.
Howell, Jr. The vote in favor was unanimous (5-O).
6. Subdivision plat of property of Matthew James Harrison,
1.033 acres of land located on Duke's Lane, in Windsor
Magisterial District.
Supervisor Bradshaw moved to approve the plat of Matthew James
Harrison. The vote in favor was unanimous (5-0).
7. Subdivision plat of property of Irene M. Griffin, 1.5
acres of land located on Route 1402, in Hardy Magisterial
District.
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Chairman Bradby moved to approve the plat of Irene M. Griffin.
The vote in favor was. unanimous (5-0).
W. Douglas Caskey, Assistant County Administrator/Community
Development presented a plat to the Board showing division of
property that very likely has been put to record on Route 681
showing a total of 21 parcels having been subdivided all of which
meet the minimum requirements of five acres in size and most of
which are 150 feet .gin width and falls outside of the definition
within the County's subdivision ordinance and yet there are twenty
one building sites fronting on Route 681 that the County has no
jurisdiction over with the possibility of twenty one houses
appearing on these lots. Mr. Caskey continued that in July of
1988, an amendment to the subdivision ordinance was adopted which
dealt with the definition of the term subdivision and what would
qualify as being a subdivision of land by which the subdivision
ordinance would have jurisdiction over that subdivision of land.
Mr. Caskey further stated that definition created a loophole which
has been brought to the Board's attention by the County Attorney
before. Mr. Caskey continued that the definition of subdivision
says that if a division of property is involving five acres of more
of land and fronting on an existing State road, then it is not
considered a subdivision and any division of property where the
acreage is five acres of more does not fall into the jurisdiction
of the County's subdivision ordinance and similarly does not fall
under a requirement for rezoning or any other action that might
require review and consideration. by the Planning Commission and the
Board of Supervisors.
County Administrator Standish stated that if the Board wished,
the Board may want to have the County Attorney bring back a
proposed amendment to the subdivision ordinance.
County Attorney Crook commented that he concurred with Mr.
Caskey's comments and that it was a loophole that needed to be
closed.
Supervisor Turner moved to authorize County Attorney Crook to
initiate a proposed amendment to the subdivision ordinance.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook requested a ten minutes recess at 4:30
PM.
Supervisor Turner moved for a 10 minutes recess. The vote in
favor was unanimous (5-0).
At 4:40 PM, upon returning to open session, Chairman Bradby
stated the County Attorney's report would be omitted at this point
in the meeting and continued on to the County Administrator's
report.
f/
County Administra~.~.~ Standish requested Sheriff Phelps to
approach the podium.
Sheriff Phelps reported to the Board that he had received a
memorandum from the Virginia State Sheriff's Association which
stated that the General Assembly was considering reducing the
mileage reimbursement to the Sheriff's Department from .24 for the
first 15, 000 and .11 for all additional miles for an average of .16
per mile and requested the Board to authorize County Administrator
Standish to write to Senator Holland and Delegate Councill relative
to mileage reimbursement to remain at .24 for the first 15,000
miles and .11 for all additional miles.
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Supervisor Turner moved. the Board direct County .Administrator
Standish write to Senator Holland and Delegate Councill relative
to mileage reimbursement to remain at .24 for the first 15,000
miles and .11 for all additional miles. She vote in favor was
unanimous (5-0).
County Administrator Standish introduced Donald Robertson,
Assistant to the County Administrator, who replaced Kenneth
Chandler.
County Administrator Standish requested the Board's
consideration in adopting the Virginia Adult Abuse Prevention Week
resolution. -
Supervisor Edwards moved to adopt the following resolution.
The vote in favor was unanimous (5-0).
Virginia Adult Abuse Prevention Week
WHEREAS, the County of Isle of Wight has been mandated by the
State of Virginia to protect the aged and disabled; and,
WHEREAS, age and disability can increase the vulnerability of
many adults to tile. circumstances that surround them; and these
adults may not .have the physical or mental capacity to remove
themselves from risk; and,
WHEREAS, incidents of abuse,. neglect and exploitation of the
aged and disabled occur in every ethnic, economic and educational
background; and,
WHEREAS, the number of aging and disabled adults needing
protection has steadily increased over the past several years; and,
WHEREAS, the County of Isle of Wight has worked towards
identifying the needs and offering assistance to these individuals
to improve the quality of life for all county .residents.
NOW, THEREFORE, the Isle of Wight County Board of Supervisors
does hereby recognize the week beginning May 4, 1990, as. VIRGINIA
ADULT ABUSE PREVENTION WEEK and calls upon all citizens to' .be aware
of the needs of older and disabled adults and to help them in their
efforts to be secure and as self-sufficient as possible.
County Administrator Standish asked Alan Nogiec, Director of
Parks and Recreational Authority, to address the Board on his
request for $4,000 in matching funds for the annual Fourth of July
fireworks demonstration.
Alan Nogiec, Director of Parks and Recreation, stated that
for the past two years the Isle of Wight County Parks and.
Recreational Facilities Authority has sponsored a fireworks show
in conjunction with the Fourth of July. Mr. Nogiec further stated
the financing for the program in the past year has come from the
northern end of the County with the fireworks being fired by
volunteers that are affiliated with the Windsor Volunteer Fire
Department and that this year the Parks and Recreational Authority
would like to fire the fireworks"electronically. Mr. Nogiec
proposed that in order to make the show a better and bigger one
this year and to incorporate the electronic fireworks this year
that the Board approve a matching grant. program .not to exceed
$4,000 for the annual Fourth of July fireworks demonstration. Mr.
Nogiec continued that the offered $4,000 in County funds would be
matched by donations from the community to purchase strictly
fireworks.
Supervisor Turner moved to approve matching funds not to
exceed $4,000 to the Parks and Recreational Facilities Authority
as requested. The vote in favor was unanimous (5-0).
~eFl~ 14.,..;~~74
12
County .Administrator Standish asked for the Board's
consideration in the funding of a history book on Isle of Wight
County by Helen King with the proceeds from the sale of the book
to reimburse the County. Mr. Standish further requested the Board
to ask William E. Laine, Jr. to be an interim Project Coordinator
to develop a budget, calendar, etc. for the project.
Supervisor Turner moved the Board. appoint William E. Laine,
Jr. as interim Project Coordinator and have him return to the Board
with a report on the proposed budget, schedule, etc. for the
project. The motion passed by unanimous vote (5-O).
County Administrator Standish recommended the Board authorize
representation an the Hampton Roads Air Pollution Control District
Committee and asked for-the Board's consideration in appointing the
Assistant County Administrator/Community Development and the
Economic Development Coordinator as Isle of Wight's member on the
Hampton Roads Air Pollution Control District committee.
Supervisor Turner moved the Board appoint W. Douglas Caskey,
Assistant County Administrator/Community Development and County
Planner, William McKay to represent Isle of Wight County on the
Hampton Roads Air Pollution Control District Committee. The vote
in favor was unanimous (5-O).
County Administrator Standish informed the Board that the Bond
Counsel has asked the County to set the public hearing for May 3,
1990 on the upcoming bond issue to be advertised in the amount of
$9,000,000 although the County's final bond issue will be only
$5,000,000.
Supervisor Turner moved the Board advertise a public hearing
for the May 3, 1990 meeting of the Board of Supervisors for a bond
issue to be advertised in the amount of $9,000,000. The vote in
favor was unanimous (5-0).
County Administrator Standish reported that Supervisor Edwards
had received a letter today from the residents of Tynes Corner
requesting improvements to their dumpster site to include a fence
to control blowing litter.
Supervisor Edwards requested County Administrator Standish to
write Burdett C. Edwards and Bertha Johnson and inform them the
matt@r is being looked into.
County Administrator Standish informed the Board that was all
in his report, but he would request an Executive Session to discuss
a matter which may involve advice of legal counsel.
//
County Attorney Crook advised the Board that he had nothing
for public session, but had matters for Executive Session.
//
Chairman Bradby called for ldew Business.
There was no new business for discussion.
//
Chairman Bradby called for Old Business.
There was no old business for discussion.
//
Chairman Bradby called for Appointments.
13
1
Supervisor Ross commented that Reverend James J. Johnson had
resigned from the Southeastern Tidewater Opportunity Project in
December of 1989 and moved the Board appoint Henry Fail of
Smithfield to replace Reverend Johnson. The vote in favor was
unanimous (5-O).
//
Chairman Bradby called for the approval of the March 1, 1990
Minutes of the Board of Supervisors.
Upon recommendation of County Attorney Crook and motion of
Supervisor Turner, the vote was unanimous (5-0) to approve the
March 1, 1990 Minutes of the Board of Supervisors.
//
Supervisor Ross moved to adjourn the Board of Supervisors
meeting at 5:07 P.M. to reconvene following the continued Public
Service Authority meeting of March 26, 1990. The vote in favor was
unanimous (5-0).
//
Chairman Bradby called the meeting back to order at 5:26 PM
and stated County Attorney Crook had previously requested an
Executive Session.
1
County Attorney Crook requested an Executive Session pursuant
to Section 2.1-344A of the Freedom of Information Act, subparagraph
3, discussion of the condition, use, and disposition of publicly
held property, specifically the existing County landfill, and under
subparagraph 4, consultation with legal counsel and briefing by
staff members pertaining to actual litigation, specifically the
court case of ICeusal versus Isle of Wight County.
Supervisor Turner moved the'Board go into Executive Session
for the purposes stated by the County Attorney. The vote in favor
was unanimous (5-0}.
Upon the Board returning to open session, Supervisor Edwards
moved the adoption of the following resolution.- The vote in favor
was unanimous (5-0).
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 .the 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: 5
NAYS: 0