07-05-1990 Regular MeetingQOOK ~`tr~;f:'~J~LF
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REGULAR MEETING OF THE-ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS.
HELD THE FIFTH DAY OF JULY 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 H. Mills,. Assistant Clerk
Chairman Bradby called the meeting to order at 2:OO P.M.
Supervisor Bradshaw delivered the invocation.
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Chairman Bradby stated we have a visitor from Isle of Wight,.
England, of which the County of Isle of Wight is named after.
Supervisor Turner commented that it was a distinct pleasure
to have in his home this week, Morris Barton, from Isle of Wight,
England, who is a leader of the majority party on the island and
Head of the Council.
Morris Barton stated he brought greetings from the Isle of
Wight Council of England to the Board of Supervisors of Isle of
Wight .County, Virginia. Mr. Barton continued that through the
years a relationship has been established with Isle of Wight,
Virginia, with both areas having common problems. Mr. Barton
wished the Board well in making deliberations commenting he had
looked at the Board's agenda today and that. in politics you will
never be entirely right or wrong. Mr. Barton continued that he had
brought a letter from the Chairman of the Council .and a limited
edition plate which is in celebration of Isle of Wight, England's
one hundredth anniversary. Mr. Barton presented ties and centenary.
badges to the Board of Supervisors and stated he hopes the
relationship between Virginia and England would continue.
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Chairman Bradby stated Transportation matters was first on the
agenda, but that Mr. Neblett was not present. Chairman Bradby
stated the Board would move on with the public hearings.
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Chairman Bradby called for the public hearing'on the Ordinance
Renewing the Morgarts Beach Agricultural-District.
Chairman Bradby called for those in favor of the ordinance.
None appeared.
Chairman Bradby called for those in opposition to the
ordinance.
None appeared.
Chairman Bradby .called for comments from Board members.
Supervisor Turner inquired whether it had been properly
advertised.
County Attorney Crook advised that the ordinance had been
properly advertised and that it was a renewal of an ordinance which
was prepared eight years ago. Mr. Crook continued that the life
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of the ordinance was for eight years, that it has been reviewed by
various committees and the Planning Commission and recommended to
the Board, and that this. time it was renewed for ten years which
is now allowed by statute.
Supervisor Turner- moved the Board adopt the following
ordinance:
AN ORDINANCE TO AMEND THE MORGARTS BEACH
AGRICULTURAL DISTRICT ORDINANCE
TO MAKE CERTAIN CHANGES THEREIN INCLUDING ADDING AN
EXCEPTION FOR SECONDARY ROADS
BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors
of Isle of Wight County, Virginia, pursuant to Chapter 36, Title
15.1, of the Code of Virginia, that the ordinance creating the
Morgarts Beach Agricultural District, adopted July 15, 1982, and
amended- May 19, 1983, .having- been .reviewed by the Board of
Supervisors of Isle of Wight County pursuant to Section 15.1-1511
of the Code of Virginia, is hereby renewed and continued for a
period of ten years as follows:
SECTION 1
The general location and boundaries of the district are
described as consisting of parcels 13-1-48, 14-2-28, 14-2-28B, 14-
2-29,-and 14-2-29A as shown in the Isle of Wight County Real Estate
tax maps in the office of the Commissioner of .Revenue and as
generally `outlined on the attached map.
SECTION 2
The total acreage within the proposed district is 606 and all.
of the persons owning said acreage have requested in writing the
creation of this agricultural district.
SECTION 3
No parcel included within the district shall be developed to
a more intensive use than at the time of adoption of this ordinance.
for ten (l0) years from the date of adoption of this .ordinance.
No parcel added to an already created district shall be
developed to a more intensive use than its existing use at the time
of addition to-the district for ten (l0) years. from the date of
adoption of the original district ordinance.
The district shall be reviewed by the Board of Supervisors at
the end of .the ten (10) years period -and. said board may by
ordinance renew the district or modify same for. another ten (10)
years period.
SECTION 4
The Board of Supervisors of Isle of .Wight County and the
applicants for the Morgarts Beach Agricultural district agree that
-the Zoning and Subdivision Ordinances and regulations. applicable
to agricultural, limited, and agricultural, general zones shall be
applicable to the district; provided, that such ordinances and
.regulations are not in conflict with the. Agricultural and Forestal
Districts Act. Further, the Planning Commission is advised that
land-use planning decisions or ordinances enacted to implement the.
same. shall take into account the special status of both land
adjacent to the agricultural district and land lying within the
agricultural. district.
The Board of Supervisors of Isle of Wight County and the
applicants for the Morgarts-Beach Agricultural District agree with
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the recommendation made by the Virginia Department of Highways and
Transportation relative to the creation of an exception for
secondary roads within said district and consequently, there is
hereby excepted from the Morgarts Beach Agricultural District a
strip of land extending Twenty-five (25) feet on both sides of the
center line of all existing secondary roads within the. district
from this ordinance..
SECTION 6
The Board of Supervisors of Isle of Wight County and
applicants for the Morgarts Beach Agricultural District understand.
and agree that in accordance with law, a landowner may terminate
his. relationship with the district by (a) petition and approval of
the local governing body, (b) in the event of denial of the local
governing body, by petition to the Circuit Court of Isle of Wight
County,. (c) by death of the owner and the withdrawal of the
property as a matter of right by the heirs or devisees, or (d) by
decision of the local governing body at the time the district. is
automatically subject to review. The termination of any owner's
association in a lawfully constituted district shall not in itself
serve to terminate the existence of the district. Such district
shall continue in effect and be subject to review as to whether it
should be terminated, modified or .continued pursuant to Section
15.1-1511 of the law.
The motion to pass said ordinance passed by unanimous vote (5-
O) .
Chairman Bradby stated he understood County. Administrator
Standish wanted to remark on the next public hearing for the
Special Use Permit request of Southeastern Public Service Authority
and the Isle of Wight Parks & Recreation Facilities Authority.
County Administrator Standish requested County Attorney Crook
advise the Board on whether or not the above request was properly
advertised.
County Attorney Crook stated he had reviewed the publications
sent to the newspaper and published in the Smithfield Times.. Mr.
Crook. continued that the Planning Commission publications were
correct, but that when it was advertised for the Board of
Supervisors' meeting, there was an oversight in the Special Use
Permit notice and. that the Isle of Wight Parks & Recreation
Authority was left out. County Attorney Crook further stated that
therefore he would recommend to the Board that the Special Use
Permit be readvertised and set for another date.
Supervisor Edwards moved the Board hold the public hearing on
the Special Use Permit and Conditional Use Permit at the August 16,
1990 meeting of the Board of Supervisors.
Supervisor Turner stated there was a time factor in the
recycling process involved in the application. Supervisor Turner
continued that although he was not opposed to nighttime meetings,
due to the time factor involved, he questioned whether it .should
be delayed that long.
County Administrator stated there will be a meeting of the
Southeastern Public Service Authority on August 8, 1990 at which
time they will consider the future options for the Southeastern
Public Service Authority.
Supervisor Edwards stated that if the Special Use Permit and
Conditional Use Permit needed to heard on August 2, 1990, then he
would prefer that the-Board of Supervisor reconvene at .7:00 P.M.
for that purpose.
Supervisor Edwards agreed to the amendment to his motion by
Supervisor Turner that-the public hearing be held at the August 2,
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1990 meeting of the Board of Supervisors and be scheduled for 7:00
P.M. The vote in favor was unanimous (5-0).
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Chairman Bradby stated that MacFarland Neblett with the
Virginia Department of Transportation was now present and asked
County Attorney Crook if it would be proper to hear Transportation
Matters at this time..
County Attorney Crook advised it was proper and asked the
Board's indulgence to be excused from the meeting for a few minutes
as he was sitting as substitute judge in the General District
Court.
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Chairman Bradby called for Transportation Matters.
MacFarland Neblett, Virginia Department of Transportation,
stated that at the last meeting of the Board, Supervisors Edwards
and Turner had asked him to look at conducting a speed study. on
Route 603 and Route 665'. Mr. Neblett continued that due to a
backlog of similar requests, these requests. had not been completed,
but should be accomplished within the next two weeks. Mr. Neblett
stated that the project was under construction on Route 620 and the
Virginia Department of Transportation .was proceeding with the.
clearing and cutting of the ditches and this should be accomplished
allowing favorable weather around the .first of September. Mr.
Neblett stated that on his way to the meeting today, he noticed
the two Do Not. Enter signs at the Courthouse appear to be fading
out and he would replace these with brighter signs shortly.
Supervisor Bradshaw asked Mr. Neblett how the ditches. were
coming along at Jamestown.
Mr. Neblett replied he had met with Mr. Moore and looked at
it and he would continue to work on it.
Supervisor Edwards requested Mr. Neblett to check the ditches
on Route-637 and to check the ditches on Route 258 which were
recently cleaned. Supervisor Edwards stated he thought the recent
cleaning had. caused damage. to some of the pipes causing water to
not pass through.
Mr. Neblett stated he would check into this.
Supervisor Turner inquired about the schedule on the curves
.near Longview.
Mr. Neblett stated he was unsure, but would check into it.
Supervisor Turner asked if an entrance had been established
for the Farmers Market on Route 17.
Mr. Neblett stated the entrance would probably have. to be from
Route 665, at least 100 to 150 feet back from Route 17.
Supervisor Ross asked Mr. Neblett. to check into the right turn
lane at the Route 10 bypass and Route 258 which, due to
resurfacing, had been eliminated.
Mr. Neblett stated he would look into. this.
Chairman Bradby asked for citizens with transportation
matters..
Noone appeared."
Chairman Bradby called for the public hearing on the following
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rezonings:
1. The application of Samuel H. Warren, owner and David W.
Epperly, prospective owner for a change in zoning classification
from A-1, Agricultural Limited to Conditional R-MH-A, Conditional
Rural Mobile Home District, approximately 3.5 acres of land located
on the south side of Route E21, between Route 627 and Route 673,
in Hardy Magisterial District. The purpose of the application is
for the permanent location of one (1) mobile home.
Sheila Epperly appeared.
Chairman .Bradby moved the Board approve the application of
Samuel H. Warren.. The vote in favor was unanimous (5-0).
2. The application of C. C. Gregory Development for a change
in zoning classification from A-1, Agricultural Limited to
Conditional R-A, Conditional Rural Residential, approximately 110
acres of land located on the west side of Route 602 between Route
600 and Route 644 in Newport Magisterial District. The purpose of
the application is for a residential subdivision of no more than
sixty-two (62) lots.
Charlie Gregory appeared stating this land is within a mile
of three existing subdivisions and is in a desirable area. Mr.
Gregory continued that a planned area is better than spot zoning.
lots throughout the County for mobile homes and each lot will
consist of approximately two acres each.
Chairman Bradby read a letter submitted by Albert W. Horne of
Route 1, Box. 590, Smithfield, Virginia expressing opposition
stating he felt a traffic survey should be conducted and the roads
widened to handle traffic. Mr. Horne also expressed concern about
the supply of water when adding this number of extra people..
Supervisor Turner commented that the Virginia Department of
Transportation did not recommend the rezoning due to the additional
traffic which would be generated by this subdivision until adequate
roadway improvements are provided.
Mr. Gregory stated he was asked by the Planning Commission to
obtain a traffic study, which he did, and based on the findings of
the analysis, it was concluded that the proposed development would
have a minimum impact on the capacity of the adjacent .roadway
network if additional development occurred in the area. Mr.
Gregory continued that if additional development occurs in the
area, other than this subdivision, Route 602 may need to be
upgraded and that it was recommended to the developer to reserve
adequate right of way which may be needed for future upgrade and
which he intends to do if this application is approved.
Supervisor Edwards commented that his concern was of Mr.
Coates.' unbiased opinion that due to additional .traffic this
subdivision would generate, the Virginia Department of
Transportation does not recommend this rezoning until adequate
roadway improvements are provided.
Mr. Gregory asked if he offered to improve Route 602 the
length of the property and go all the way to Route 644, would this
make a difference?
.Supervisor Edwards stated County Attorney Crook was not
present, but he thought this would involve a new proffer which
would have to go back to the Planning Commission.
Mr. Gregory stated he had proffered to pay the $1,200 per lot
towards improving the road.
Supervisor Bradshaw moved the Board table the application of
C. C. Gregory Development, Inc. to the August 16, 1990 meeting of
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the Board of Supervisors. The vote in favor was unanimous (5-0).
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Chairman Bradby called for Citizens. Comments.
Fred Bailey requested the street name change of Iron Mine Road
to Iron Mine Springs Road.
Supervisor Bradshaw moved the Board send the street name
change request to the Planning Commission. The vote in favor was
unanimous (5-0).
Gerald Gwaltney submitted a petition requesting the street
name change request from Septa to Moonlight Road.
Supervisor Bradshaw .moved the Board send the street. name
change request to the Planning Commission. The vote in favor was
unanimous (5-O).
Donald Byrum stated Mr. Crook was not present,. but that he had
requested Mr. Crook at the last meeting to look into the business
license tax for Isle of Wight County.
Supervisor Bradshaw commented that Mr. Crook-would be back
shortly. and would discuss it at that time.
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Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated that for the Board's consideration is a report
pertaining to the development fee study which was contracted by the
Board of Supervisors in February of 1989. Mr. Caskey continued
this was an analysis for the County to look at objections as it
relates to the fees which are assessed by County offices and
particularly the Department of Community Development involving
planning and zoning activities. Mr. Casket' stated the report
included fee levels needed in order to xecover the full costs of
services and as a result of this analysis, it was determined that
generally the Inspection's office activities are adequately being
covered by the fees currently being assessed; however, the Planning
and Zoning office activities reflect only a partial recovery of
services and activities rendered by the office. Mr. Caskey stated
the Board should consider instructing staff to come back to the
Board .with a recommended fee structure which would .more closely
reflect the cost recovery items.
Mr. Caskey stated the rezoning application for Waterford
Commercial development was approved by the Board in-July of 1989
and subsequent to that, the Board considered and gave approval of
a set of Declaration of Restrictions and Covenants at the Board's
meeting in October of 1989. Mr. Caskey continued that Rodham Delk,
Jr., the developer's attorney, had contacted the County through
correspondence, and has advised there is need for amending certain
wording in the Declaration of Restrictions and is .thereby
requesting that the Declaration of Restrictions be brought back
before the Board for consideration.
Supervisor Turner suggested the Board take no action until
County Attorney Crook was ,present to give the Board more
information.
Mr. Caskey stated the Board had instructed staff at -their
meeting of May 3, 1990 to make contact with the surety company
involved with the bond for Myers Landing subdivision which was
accomplished by certified mail to Fidelity and Deposit Company of
Maryland and the surety holder in Surry, Virginia. Mr. Casket'
continued that on May 21 1990. correspondence was received back
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from Fidelity and Deposit Company of Maryland acknowledging receipt
of the notification by the County .and commenting on the work left
to be done. Mr. Caskey stated he had recently corresponded with
Jacque Myers, the developer, advising him of a recent inspection.
by the State Highway Department of this subdivision stating the
County is not much closer to resolving the minor details of getting
grass-grown and ditches lined. Mr. Caskey advised the Board that
this was provided for information only and if the Board wished to
discuss it further, the Board should do so only under the advice
of the County Attorney.
//
Chairman Bradby called for the County Administrator's report.
Beryl. Perry,. Isle of Wight County. Treasurer, stated he would
like to follow up on his letter of .April 30, 1990, regarding the
delinquent personal property tax and the funding of a .Tax
Collection Officer to collect the personal property taxes. Mr.
Perry continued that he would like the Board to make an
appropriation for the Collection Officer and make it separate from
the Treasurer's operating budget. Mr. Perry reminded the Board
that in 1986 he had recommended that an ordinance be adopted to
impose fees on delinquent tax payers which would reimburse the
administrative cost of the Collection Officer position. Mr. Perry
continued that this ordinance was adopted at that time with his.
office being appropriated $9,.000 towards the Collection Officer
position and he agreed that funds would not be spent until the
funds were collected and in the bank. Mr. Perry informed the Board
that over $18,000 in these fees had been collected in the fiscal
year ending June 30, 1989 and requested an amount of $12,000 to be
appropriated towards the Collection Officer to be segregated in a
special fund to allow recognition of revenues and. receipts.
.Supervisor Turner moved the Board direct the County
Administrator and Treasurer to discuss the matter and come back to
the Board with a recommendation. The vote in favor was unanimous
(5-Oj.
County Attorney Crook returned to the meeting.
County Administrator Standish stated that bids had been taken
on petroleum products for fiscal year 1990-91 and recommended that
the Board accept the low bids.
County Attorney Crook stated that all the petroleum used at
the Courthouse, including the School Board, had bid this together
and the School Board had approved the low bids.
County Attorney Crook stated he recommended the low bids to
the Board of Supervisors.
Supervisor Turner moved. the Board approve the low bids. and
authorize an appropriate contractual agreement. The vote in favor
was .unanimous (5-O).
County Administrator Standish asked for the Board's
consideration of a proposed ordinance mandated by the State to
increase the recycling efforts and recommended that the Board
direct the County Attorney. to prepare an ordinance appropriate for
Isle of Wight County.
Supervisor Turner moved the Board direct County Attorney Crook
to prepare an appropriate ordinance. The vote in favor was
unanimous (5-0).
County Administrator Standish stated the County's
hospitalization insurance policy expires on July 31, 1990 and asked
for the Board's consideration of the proposed. renewal of the
program without any changes.
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Supervisor Bradshaw moved the Board approve the renewal of the
program in its present form with no changes. The vote. in favor was
unanimous (5-0).
County Administrator Standish asked for the Board's
consideration of a resolution to encourage the Paul D. Camp
Community College to expand their services in Isle. of Wight County.
Dr. Rogers, the Paul D. Camp/Smithfield Community College
Educational Program Site Coordinator, stated the renovation of the
old Smithfield High school above the Isle of Wight .Smithfield
Library will accommodate seven classrooms .including laboratories
and a large storage room to be used by the County. Dr. Rogers
continued that when the renovation is complete, it will include an
elevator for use by handicap persons and it is hoped that the
County of Isle of Wight will lease the facility to Paul D.. Camp.
Community College..
Supervisor. Turner moved the Board adopt the following
resolution:
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RESOLUTION ENCOURAGING THE PAUL D. CAMP COMMUNITY COLLEGE TO EXPAND
THEIR SERVICES IN ISLE OF WIGHT COUNTY
WHEREAS, the Paul D. Camp Community College serves Isle of
Wight County, as well as the neighboring City of Franklin and
Southampton County; and,.
'WHEREAS, the Paul D. Camp Community College is an outstanding
institution of higher learning. with the expressed .intention of
expanding its course offerings and other services throughout its
service area; and,
WHEREAS,. the Paul D. Camp Community College is currently
providing course offerings on a .limited basis in the Smithfield
area of Isle of Wight County; and
WHEREAS, Paul D. Camp Community College has expressed a desire
to further expand its services, and establish a more permanent and
appropriate location in northern Isle of Wight County.
NOW, THEREFORE, BE IT RESOLVED,. by the Board of Supervisors
that the Paul D. Camp Community. College is encouraged to continue
its efforts to broaden its course offerings in Isle of Wight County
to better serve its residents, and to continue .its efforts to
secure a more permanent and appropriate location in the Smithfield
area of the County.
The motion to adopt said resolution passed by unanimous vote
(5-0).
Supervisor Turner moved the Board adopt the following
resolution:
RESOLUTION SUPPLEMENTING A RESOLUTION ADOPTED JUNE 7, 1990, WITH
RESPECT TO $5,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
SERIES OF 1990, OF ISLE OF WIGHT COUNTY,. VIRGINIA
WHEREAS, by a Resolution adopted June 7, 1990, (the "Bond
Resolution"), the Board of Supervisors of Isle of Wight County,
Virginia (the "County"), provided for the .issuance and sale of
general obligation public improvement bonds, series of 199.0, of the
County. (the "Bonds"), to provide funds, together with other
available funds, to finance the County's share in a regional jail
facility, a courthouse complex expansion and a landfill closing,
none of which Bonds have been. issued and sold;
WHEREAS, the Board has determined to amend the .Bond Resolution
to remove certain representations made as to amount of tax-exempt
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debt issued in 1990;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, VIRGINIA:
1. Amendment.. Paragraph 16 of the Bond Resolution relating
to rebate representations shall be deleted from such Bond
Resolution.
2. Other Actions. All other actions of officers of the
County in conformity with the purposes and intent of this
resolution and the Bond Resolution and in furtherance of the
issuance and sale of the Bonds are hereby approved and confirmed.
The officers of the County are hereby authorized and directed to
execute and deliver all certificates and instruments and to take
al.l such further action as may be considered necessary or desirable
in connection with the issuance, sale and delivery of the Bonds..
3. Bond Resolution Approved. Except as amended hereby, the
Bond Resolution is hereby ratified, approved and confirmed.-
4. Effective Date. This resolution shall take effect
immediately.
The undersigned Clerk of the Board of Supervisors of Isle of
Wight County, Virginia, hereby certifies that the foregoing
constitutes a true and correct extract from the minutes of a
regular meeting of the Board of Supervisors of the County held on
the. 5th day of July, 1990, and of the whole thereof so far as
applicable to the matters referred to in such extract.
The motion to adopt said resolution passed by unanimous vote
(5-0).
Supervisor Ross moved the Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE TWO THOUSAND DOLLARS FROM THE FEDERAL
GOVERNMENT FOR THE SPECIAL EDUCATION EVALUATION PROGRAM
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Special Education Evaluation Program.; and
WHEREAS, the funds in the amount of Two thousand dollars
($2,000) need to be appropriated to the School grant fund in the
1989-90 budget of the County of Isle of Wight, Virginia.,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that two
thousand dollars ($2,000) be appropriated to line item Special
Education Evaluation Program in the 1989-90 budget of the County
of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the
appropriate accounting adjustments in the budget and to do all the
things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-0).
//
Chairman Bradby called for the County Attorney's report.
Donald Byrum stated that at the last meeting, Supervisor
Bradshaw requested County Attorney Crook to look into the matter
of the County business license tax concerning the tax rate and
asked County Attorney Crook if he had had a chance to check into
this.
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County. Attorney Crook advised Mr. Byrum that it was a question
of whether or not the Board would. entertain an idea to reduce the
County business license tax.
Supervisor Turner stated-.that this could. be addressed at the
same time as the reassessment is completed to see where the actual
revenues are and what the rates are which are now applied.
Supervisor Turner. continued that if there are surplus funds
available, possible consideration could be given at that time and
suggested that if Mr. Byrum felt like .his business is not being
treated fairly that he document this with-his State legislator,
which is where the .guidelines. are sent from to the County on-how
it is implemented.
Supervisor Bradshaw suggested Gerald Gwaltney check with the
.surrounding counties to see what their policies involve.
Chairman Bradby requested the Commissioner of Revenue, who was
present, to complete a study to see how Isle of Wight County
compares with other localities and come before the Board to give
a report on the business license tax.
County Attorney Crook advised the Board that the Committee on
Leash Law had met with Supervisor Edwards and come up with a
suggestion concerning the animal control ordinance which would
amount to a change of another section of the Animal Control
ordinances where the County can control vicious or destructive dogs
from running at large. County Attorney Crook continued that he had
.taken the draft. the Committee had prepared, revised it, and
recommended it to the Board to be published for a public hearing.
Supervisor Edwards moved the Board authorize the advertisement
of the ordinance. The vote in favor was (4-1) with Supervisor
Bradshaw voting in opposition to the motion.
County Attorney Crook stated the Isle of Wight Substance Abuse
Advisory Council had prepared bylaws previously, revised them under
his recommendation-and are now recommended by him to the Board for
approval.
Supervisor Turner moved the Board approve the Isle of Wight
Substance Abuse Bylaws. The vote in favor was unanimous (5-0).
W. Douglas Caskey, Assistant County Administrator/Community
Development, informed County Attorney Crook that he had presented
the Declaration of Restrictions request to amend the restrictions
for Waterford commercial development to the Board earlier in the
meeting and the Board took action to defer any action until County
.Attorney Crook had a chance to review it.
County Attorney Crook advised he had. reviewed the Declaration
of Restrictions and recommended the Board's favorable
consideration.
Supervisor Turner moved the Board approve the Declaration of
Restrictions and Covenants. The vote in favor was unanimous (5-
0) .
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Chairman Bradby called for New Business.
There was no new business for discussion..
1/
Chairman Bradby called for Old Business.
1. The .application of Dols I. Rosser,. Jr. to amend
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Conditional R-2, Residential General Zoning on approximately six
hundred and thirty-one (631) acres of land located on the east side
of Route 655, between .Route 620 and Route 656 in Newport
Magisterial District. The request is specifically to amend
proffered condition ,~8 regarding public facilities.
Ed Courtright, representative of the developers of Cypress
Creek, requested that the hearing on the above application be
tabled until the December 20, 1990 meeting of the Board at which
time the developers hope the decision on the sewer services to be
available to Cypress Creek will have been determined.
Supervisor Turner moved the Board table the application to the
December 20, 1990 meeting of the Board of~Supervisors. The vote
in favor was unanimous (5-0).
Supervisor Edwards stated he would like to look at the
possibility of turning the deferral program into something real for
senior citizens who are not able to pay their taxes. Supervisor
Edwards stated he did not know what this would cost the County and
suggested that the Commissioner of Revenue and the County
Administrator come back with some cost impact statements.
//
Chairman Bradby called for Appointments.
Supervisor Turner moved the Board reappoint Roy Skinner to the
Recreational Facilities Authority. The vote in favor was unanimous
(5-0) .
Supervisor Ross moved the Board appoint County Administrator
Standish for a one year term and appoint Supervisor Turner for a
two year term to the Hampton Roads Planning District Commission..
The vote in favor was unanimous (5-0).
Supervisor Bradshaw recommended Harold Blythe be recommended
to the Circuit Court judges for appointment to the Equalization
Board representing the Carrsville Election District. The vote in
favor was unanimous (5-O).
//
Chairman Bradby called for approval of the June 7, 1990
minutes of the Board of Supervisors.
Upon recommendation of County Attorney Crook and motion of
Supervisor Ross, the vote-was unanimous (5-0) to approve the June
7, 1990 minutes of the Board of Supervisors.
//
County Attorney Crook requested an Executive Session under
Section 2.1-344 A7 for consultation with counsel and briefing with
staff members pertaining to actual or probable litigation and other
specific legal matters requiring the provision of legal advice by
.counsel specifically involving a suit involving the tax pollution
abatement equipment exemption qualification and an EEOC complaint..
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 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
a!~nM 14 ~a.`~j.`~7
12
in accordance with the provisions of the Virginia Freedom of
Information Act; and
WHEREAS, Section 2.1-3.44.1 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
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor .Turner.. explained that. the County Attorney is
ineligible to represent the County on the Smithfield-Carroll. Farms
suit because. he is presently the attorney for one. of the parties
in the suit between the Commissioner of Revenue's office and
Smithfield-Carroll Farms involving a disagreement .over an
assessment .and that the Commonwealth's Attorney had met with the
Board and requested additional legal assistance.
Supervisor Turner moved the Board appoint the Commonwealth's
Attorney and provide up to $5,000 for additional legal assistance.
The motion passed with Supervisors Bradby, Turner and Bradshaw
voting in .favor {3-0-2) and .Supervisors Ross and Edwards
abstaining.
I/
Supervisor Ross moved the Board adjourn at 4:20 P.M. The vote
in favor was unanimous (5-0).
my ra by, Cha rman
4