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08-16-1990 Regular Meeting ~acK 14 ~,:~•' Ef ~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF AUGUST IN THE YEAR .NINETEEN HUNDRED NINETY PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve 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 The Chairman called the meeting to order at 2:03 P.M. Tha invocation was delivered by Chairman Bradby. // Chairman Bradby called for a public hearing on the following ordinance: An Ordinance to Amend the Subdivision Ordinance to Amend the Definition of Subdivision Therein and Provide for Administrative .Approval of Some Subdivisions. Chairman Bradby called for citizens to speak in favor. No one appeared. Chairman Bradby called for citizens to speak in opposition. No one appeared. .Chairman Bradby called for comments by Board members. Supervisor Edwards requested County Attorney Crook to explain the purpose of the ordinance and deliver a background report. County Attorney Crook explained that the problen the County was incurring with the present subdivision ordinance was that under .the present ordinance, the County has a number of plats which. are going to record for subdivisions that are outside of the subdivision ordinance because of the exceptions and the definition the County now has. County .Attorney Crook continued that the County was getting a lot of subdivisions of five acre parcels along public roads that are outside of the subdivision ordinance and because of this, the Board of Supervisors requested an overhaul of .the subdivision ordinance definition, which the County Attorney did and took to the Planning Commission. The Planning Commission then appointed. a committee who met with attorneys for developers and received their input and after the public hearing, this is the definition that the Planning Commission has. recommended to the Board for their consideration. Supervisor Turner moved the Board approve the following ordinance: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE TO AMEND THE DEFINITION OF SUBDIVISION THEREIN AND PROVIDE FOR ADMINISTRATIVE APPROVAL OF SOME SUBDIVISIONS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the Subdivision Ordinance of Isle of Wight County, Virginia, be amended to read as follows: 1 eoaK 14 ~~~.~E6~.2 The agent appointed by the governing body is to administer this ordinance. The agent shall also consult with the commission on matters contained herein. Section 3-1 Plattina requiredi Any owner or developer of any tract of land situated within Isle of Wight County who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the appropriate court. No such plat of subdivision shall be recorded unless and .until it shall have been submitted, approved and certified by the agent in accordance with the regulations set forth in this ordinance. No lot shall be transferred by-deed in any such subdivision before the plat shall have been recorded. Section 3-6. Necessary changes No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the agent has been endorsed in writing on the plat or sheets, unless authorization for such changes has been granted by the agent. Section 4-4-11 Bond Before any subdivision plat will be finally approved by the governing body the subdivider shall, in lieu of construction, furnish bond .with surety in an amount. calculated by the agent to secure the required improvements in a workmanlike manner, and in accordance with specifications and construction schedules established or approved by the appropriate engineer, which bond shall be payable to and held by .the governing body. section 5-3 Preli~+;nary plat For subdivisions of ten (10) lots or more, the subdivider shall present to the commission three (3) prints of a preliminary layout at a scale of one hundred (100) feet to the inch as a preliminary plat. The preliminary plat shall include the following information: Section 5-4-1. Administrative approval The agent or his appointed representative shall have the. authority to approve final subdivision plats of no more than nine (9) lots without review by the planning commission. 2 f. do~K 14 rN.;~ f Vii? Section 5-7. Final glat. The subdivision plat submitted for final .approval to the agent and subsequent recording shall be clearly and legibly drawn at a scale no smaller than two hundred (200) feet to the inch, and there shall be at least five copies. In addition to the requirements of the preliminary plat, the final plat shall include the following: ection 7-28. Subdivisio The division. or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The term "subdivision" shall also mean the following: (a) Any development of a parcel of land which involves installation of sanitary sewers, storm sewers, water mains, gas mains or pipes, or other appropriate facilities for the use, whether immediate or future, of the owners or occupants of the land, or of the building abutting thereon. (b) Any development of a parcel of land involving two or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even though the streets and alleys may not be dedicated to public use and the parcel may not be divided for purposes of conveyance, transfer or sale. (c) The term "subdivision" includes resubdivision, and as appropriate in this Ordinance, shall refer to the process of subdividing the land or to the land subdivided. For the purpose of this Ordinance, however, in further deciding what is a subdivision the following types of transactions shall be excluded, it being the intent of this Ordinance that the following types of transactions are exemptions under this Ordinance: (1) Any sale or other transfer of bulk property,. which for the purpose of this Ordinance shall be defined as any tract of twenty-one (21) acres or more, not involving any new street. The granting of a right- of-way .for .access shall not be deemed to involve any new .street. (2) Any division of Property handed down by Court action. (3) The sale, exchange or other transfer of parcels between adjoining lot owners, where it does not create additional building sites or make existing .lots of lesser width or area than required by this Ordinance. The motion to adopt the above ordinance passed by unanimous vote- (5-0). Chairman Bradby called for a public hearing on the following 3 Bo~K 14 r~-:~66~ ordinance: An Ordinance to Amend Chapter 11, Article II, of the Isle of Wight County Code for Motor Vehicle Licenses Chairman Bradby called for persons to speak in favor. No one appeared. County Attorney Crook stated he would like. to explain that this ordinance was prompted by the Treasurer who requested that the Board consider an amendment to the Motor Vehicle License Ordinance because the Treasurer was questioning whether the County could have a provision in the ordinance to allow a credit for persons who lived in other jurisdictions and paid for their motor vehicle licenses and then moved to Isle of Wight County and had to pay the full fee. County Attorney Crook explained to the Board that this provision was not for personal property taxes, only a credit for motor vehicle license fees. County Attorney Crook. continued that in looking at the present ordinance he realized that there were a number of changes in the statute that the Board could consider putting in the present ordinance the County now has and that he had talked with the attorney for the Towns of Windsor and Smithfield about collecting County .licenses when town tags are issued which is provided for in the proposed ordinance. County Attorney Crook stated he recommended the proposed ordinance with the exception of paragraph #4 which is the credit for other jurisdictions because the County already has proration of fees for motor vehicles licenses. Chairman Bradby called for citizens to speak in opposition. No one appeared. Chairman Bradby called for comments by the Board. Supervisor Bradshaw moved the Board approve the following ordinance, as amended: AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE II, OF THE ISLE OF WIGHT COUNTY CODE FOR MOTOR VEHICLE LICENSES BE IT AND IT IS HEREBY -0RDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the following sections of Chapter 11, Article II, Motor Vehicle Licenses of the Isle of Wight County Code be amended to read as follows: (1) By adding to Section it-3 the following: If a town within the County of Isle of Wight imposes like fees on vehicles of owners resident in the town, the owner of any vehicle subject to the fees shall be entitled, on the owner's displaying evidence that he has paid the fees, to receive a credit on the fees imposed by the County to the extent of the fees he has .paid to the town. .Provided, however, not more than one license plate or decal in addition to the State plate shall be required. (2) By adding to Section ii-5 the following: Provided further that no motor vehicle license shall be issued unless the tangible personal property properly assessed or assessable by the County of Isle of Wight on any tangible personal property used or usable as a dwelling titled by the Department of Motor Vehicles owned by the taxpayer have been paid. 4 And, provided further that the if the situs for the vehicle is within the County of Isle of Wight, all personal property taxes assessed by either the County or the town on said vehicle must be paid before licensure of such vehicle by either the County or the town. (3) By adding to Section 11-6 the following: Local licenses may be issued free of charge for any or all of the following: (i) vehicles owned by volunteer rescue squads; (ii) vehicles owned by volunteer fire departments; (iii) vehicles owned by active members of volunteer rescue squads; (iv) vehicles owned by active members of volunteer fire departments. In the case of active members of volunteer rescue squads and volunteer fire departments, applications for such licenses shall be accompanied by written evidence, in a form acceptable to the. Treasurer of Isle of Wight County, of their active membership, and no member shall be issued more than one such license free of charge. (4j Be amending Section 11-13.1 to read as follows:. Sec. 1i-13.1 Penalties. Any person violating any of the provisions of this Article, shall be deemed guilty of a Class 4 misdemeanor (as defined. by the Code of Virginia), and, upon conviction thereof, shall be punished by a fine not exceeding $25D.00. A violation of this ordinance may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license has been obtained. The motion passed by unanimous vote (5-O). // Chairman Bradby called for Citizens Comments. David Joyner stated he wanted the Board to reserve some rights for the citizens of Isle of Wight County on the SPSA project-and not delete the condition altogether, but be more specific for the waste-to-energy plant. r/ Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, stated that in the beginning of January of 1989, the. County contracted Redman Johnson Associates relative to drafting a Comprehensive Land Use Plan. Mr. Caskey continued that at the Planning Commission meeting of August 14, 1990, the Commission unanimously approved a resolution adopting the Isle of Wight County Comprehensive Plan and took action to recommend to the Board of Supervisors same for adoption. Mr. Caskey presented a certified copy of the draft Comprehensive Land Use Plan to the Board and recommended that a public hearing be set by the Board as required by State Code. Supervisor Edwards moved the Board hold a public hearing on the Comprehensive Land Use Plan at the September 20, 1990 meeting of the Board. The motion .passed by unanimous vote (5-0). County Administrator Standish stated that the City of Virginia Beach would like to make a presentation on the Lake Gaston project. Mr. Caskey advised the Board that the City of Virginia Beach 5 enen 14:~~:~-670 approached the Department of Community Development .for a conditional use permit to construct, .operate and maintain a pipeline crossing at the Blackwater River adjacent to Southampton County. Mr. Caskey continued, this would be the initial phase of the proposed pipeline project within Isle of Wight County and does represent the bridge structure and. piping across the bridge structure. Mr. Caskey stated the application would be considered by the Planning Commission at their meeting in September and would subsequently be brought to the Board .for action. David J. Murphy, Director of Public Utilities, stated the project would consist of approximately 85 miles of 60 inch diameter pipe for the transmission of water from Lake Gaston in Brunswick County with an outfall to Norfolk's raw water sources located in the County and the City of Suffolk. Mr. Murphy continued that in the early seventies, the Southeastern Public Service Authority identified the need for additional raw water resources to serve the entire southeastern area of Virginia and predicted that within the decade, a drought could affect the entire area. Mr. Murphy stated that in 1973 a drought caused the City of Virginia Beach to put a moratorium on the issuance of any building permits in that city. The drought of 1980/1981 affected the entire area and lead to mandatory restrictions on the use of water, and in 1986 another drought affected the entire area with one locality running out of treatable water and having to temporarily rely on groundwater. Mr. Murphy continued that after .years of .study of many water alternatives, in 1982 Virginia Beach focused on Lake Gaston as the most practical solution for the problems in southeastern Virginia. Mr. Murphy stated that when completed Lake Gaston will supply the southeastern portion of Virginia. and reduce the heavy reliance on groundwater and that Virginia Beach had today received bids on the first of eleven contracts which will complete the Lake Gaston pipeline. Clarence O. Warnstaff, Director of Utilities for .the City of Virginia Beach, stated that since 1982, the City of Virginia Beach has been pursuing implementation of the project. Mr. Warnstaff continued that preconstruction activities have been ongoing in five. areas which consist of resolving litigation surrounding the project, the engineering design, local consent process, right-of- way acquisition, and finally financing. Mr. Warnstaff reported that on June 11, 1990, the Virginia Beach City Council authorized city staff to proceed with construction which included the. pump station at Lake Gaston and the first 76 miles of pipeline. Mr. Warnstaff continued that in the last eight years, six law suits were initiated as a result of the project with the City prevailing in four cases and of these four cases,. two cases have been appealed. Mr. Warnstaff stated that the property acquisition was initiated in the summer of 1987 and the City of Virginia Beach reached an agreement to acquire parcels in the first 76 miles. Mr. Warnstaff continued that the engineering and construction plans and specifications for the pump station in the first 76 miles are almost complete and. the initial construction contracts completed which includes the above ground river and stream crossings with a portion of this work being in Isle of Wight County. Mr. Warnstaff stated that all six jurisdictions within the. first 76 miles have granted local. consent in accordance with the State law and the estimated cost for the project is around $200 million. Supervisor Bradshaw stated that the City of Virginia Beach agreed to put in connections that would guarantee the County one million gallons per day. Thomas Water Leahy, Resource Engineer for the City of Virginia Beach, stated that they have not negotiated with the County any specific agreement yet. Supervisor Turner asked if this was untreated or treated water. and stated that the County needed to consider where the best place would be to put a treatment plant for distribution of the water to 6 g~nK 14 r,:.' f 7~. be used. Mr. Warnstaff replied that this was untreated water and that his engineers would be glad to work with County staff regarding the most appropriate location for a treatment plant if the County makes a decision to participate in the project,. Supervisor Bradshaw stated he wanted a "T" put fn in the Windsor .area before he would sign :any agreements. Supervisor Turner stated that a study should be conducted to determine where the "T" should be put in. County Administrator Standish reported that this was one of the tasks the Board directed. in the master Water & Sewer Plan. Mr. Warnstaff reported that within Isle of Wight County there were thirty-two parcels of property of which twenty-seven were, or will be, purchased under agreements and five parcels would be acquired through certificates. Mr. Warnstaff stated there were four property owners with whom the City of Virginia Beach has been unsuccessful in negotiating a settlement and each of the four cases, the County obtained an individual to conduct an appraisal. of the property with the results being received and an offer made equal to the amount determined: by the County's appraiser. Supervisor Bradshaw stated he was not satisfied with. some of .the amounts the appraiser had given and he wanted to be fair to the people in his district. Supervisor Bradshaw continued the amount offered to these people now is not what the land is really worth. Supervisor Edwards stated he would like to get the properties settled before Virginia Beach comes back before the Board for the conditional use permit. Mr. Leahy stated that one of the property owners refused completely and some of the other property owners were so far off between what the City and County's appraised the land at. Mr. Leahy continued that there were thirty-one property owners that did settle with the City at something equal, to or close to the City and .County appraisals. Marion Howell stated that Virginia Beach is obtaining nine and a half acres of his of which over one third is open land and only offered him $14,000. Richard Savage, attorney of Suffolk retained by Virginia Beach to assist in the right-of-way acquisition, stated if Mr. Howell wanted to sell Virginia Beach a strip of land in fee simple, then Virginia Beach would. buy it that way and Mr. Howell would not have to pay taxes. Supervisor Turner stated the County had just recently undergone a reassessment and is now in the process of an Equalization Board determining that-the land is valued as equal as possible. Supervisor Turner continued that if there is a situation through the process of reappraising the property under the County reassessment and the appraisal is higher than what Mr. Cross came up with, is there consideration that Virginia Beach would look at this? Mr. Savage replied that Virginia Beach. is willing to listen to any reasonable qualified appraisal. Supervisor Turner suggested that the County qo back and see what the Reassessment Board evaluated the land at and if it is higher then present the figure to Virginia Beach. Supervisor Bradshaw stated that Virginia Beach should pay the 7 ennK 14 rH;.`6 t landowners a potential profit of what the trees would: be worth in I forty years. County Administrator Standish asked Mr. Warnstaff the projected schedule of the balance of the project and the final design. Mr. Warnstaff replied that the next :contract, which would involve Isle of Wight County, would include nine miles of the pipeline and the schedule at this time is to advertise the construction plans in December of 1991 with a bid opening in January of 1992 and he would anticipate a construction contract award by Virginia Beach City Council in March of 1992. Supervisor Turner asked Mr. Warnstaff to elaborate on the. assurances that the County has relative. to the four foot burial of the pipeline. Mr. Warnstaff stated that Virginia Beach's construction plans allow a contractor to bid. ductile iron pipe, steel pipe, or concrete pipe and if the contractor includes in his bid ductile iron pipe, the minimum depth of cover is five feet; however, if the . contractor includes in his bid steel pipe, the minimum depth is six feet and for concrete the minimum depth of three feet. Mr. Warnstaff stated that the County had expressed concern about this during the local consent process and as required by local consent, Virginia Beach will have a minimum of four feet in all-current and former cultivated areas and Virginia Beach will allow the County engineering staff to meet with Virginia Beach and review the construction plans and specifications to ensure that the County is satisfied regarding that requirement. Supervisor Turner stated he would hope that Virginia Beach would consider putting all of the pipe at four feet in case of engineering problems in ,design or gravity flow. County Administrator Standish reminded the Board that they would have to consider a conditional use permit and could levy appropriate conditions on the project. County Administrator Standish also suggested that Virginia Beach return on a semi annual basis to give an update on the progress of the project.. Mr. Warnstaff stated he would be glad to make a presentation to the Board at the Board's convenience. // Chairman Bradby called for-the County Attorney's report. County Attorney Crook stated he had received a deed from the City of Suffolk and the Western Tidewater Regional Jail Board to Suffolk, Franklin and Isle of Wight for the regional jail site. Supervisor Turner moved the Board accept the deed. The motion carried by unanimous vote (5-0). County Attorney Crook stated he had a resolution for the creation of a Regional Jail Authority which would replace. the Regional Jail Board. Supervisor Turner moved the Board adopt the following resolution for the creation of a Regional Jail Authority: - A RESOLUTION TO CREATE THE. WESTERN TIDEWATER REGIONAL JAIL AUTHORITY WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has duly considered the advantages of a regional jail authority with the City of Suffolk and the City of Franklin, 8 .; eo~K 14 :;~ ~ f i Virginia, as .provided in Section 53.1-95.2, et seq., of the Code. of Virginia, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, as follows: Section iz The name of this authority shall be the Western Tidewater Regional .Jail Authority with the address of its principal office being 424 Market Street, Suffolk, Virginia 23434. Section 2: The City of Suffolk, County of Isle of Wight, and City of Franklin shall be the initial participating political subdivisions in the Western Tidewater Regional Jail Authority, and the first members of the authority board shall be Richard L. Turner, Route 1, Box 60, Carrollton, Virginia .23314; H. Woodrow Crook, Jr., P. O. Box 406, Smithfield, Virginia 23430; Myles E. Standish, P. O. Box 80, Isle of Wight, Virginia 23397; M. Rice Day, Jr., 1221 North High Street, Franklin, Virginia 23851; :Robert E. Harrell, 650 Cemetery Street, Franklin, Virginia 23851; John J. Jackson, P. O. Box 179, Franklin, Virginia 23851; Johnnie E. Mizelle, 129 Brittany Lane, Suffolk, Virginia 23435; S. Chris Jones, 8978 River Crescent Drive, Suffolk, Virginia 23433; Sheriff J. Irving Baines, P. O. Box 1632, Suffolk, Virginia 23434, who shall be appointed by and serve at the will of the governing bodies of the respective participating political subdivisions. Section 3: The general purpose of the Western Tidewater Regional Jail Authority shall be that of acquiring, constructing, equipping, maintaining, and operating a jail or jail farm and the usual facilities appertaining to such .undertakings; enlarging, renovating, and improving such facilities; acquiring the necessary property therefor, both real and .personal, with the right of contract for the use of or to lease, mortgage or sell any or all of such facilities, including real property; and doing any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 4: The preliminary estimate of the capital costs of constructing the Western Tidewater Regional Jail shall be Twenty- Two Million Dollars ($22,000,000.00), and the project shall be financed as provided for in Sections 53.1-95.2,_ et seq., of the Code of Virginia, as amended. Section 5: The Western Tidewater Regional Jail Authority shall consist of nine. (9) representatives and no more than nine (9) alternates from the City of Suffolk, the County of Isle of Wight and the City. of Franklin, with the governing body. of each jurisdiction appointing three (3) representatives and no more than three (3) alternates to serve at the will of the governing body, with each. representative or alternate having one vote on said Authority. Alternates shall only vote at Authority meetings when a representative from the jurisdiction is unable to be present. BE IT FURTHER RESOLVED that the Western Tidewater Regional Jail Board be instructed to take all the necessary steps to transform itself into the Western Tidewater Regional Jail Authority for the purposes stated herein, pursuant to the terms of Section 53.1-95.2, et seq., of .the Code of Virginia, and that certain agreement dated November 1, 1989, between the City of Suffolk, Virginia, the County of Isle of Wight, Virginia, and the City of Franklin, Virginia, creating the Western Tidewater Regional Jail Board. The motiom passed by unanimous vote (5-0). At 8:25 P.M., Supervisor Ross moved the Board take a five minutes recess and then begin the Public Service Authority meeting at 8.:30 P.M. The motion passed by unanimous vote (5-0). 9 ~o~K ~4 ,~,f:~67.~ ~~ At 8:47 P.M., Chairman Bradby called the Board of Supervisors' meeting back to order. Chairman Bradby called for the County Administrator's report. Supervisor Turner moved the Board adopt the following resolution as recommended by the County Administrator: RESOLUTION TO ACCEPT AND APPROPRIATE EIGHTEEN THOUSAND TWO-HUNDRED EIGHTY-ONE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF FIRE PROGRAMS FOR THE COUNTY'S VOLUNTEER FIRE DEPARTMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funds from the Virginia Department of Fire Programs for the County's Volunteer Fire Departments. WHEREAS, the funds in the amount of eighteen thousand two- hundred eighty-one dollars ($18,281) to be received front the Virginia Department of Fire Programs need to be appropriated to the. Volunteer Fire Departments line item in the 1990-91 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 eighteen thousand two-hundred eighty-one dollars ($18,281) to be received from the Virginia Department of Fire Programs be appropriated to line item ii-3202E-5604A Carrollton .Volunteer Fire Department ($3,656); line. item 11-3202E-5604B Carrsville Volunteer Fire Department ($3,656); line item i1-3202E-5604F Rushmere Volunteer Fire Department ($3,65.6); line item 11-3202E-5604D Smithfield Volunteer Fire Department ($3,656); and line item 11- 3202E-5604E Windsor Volunteer Fire Department ($3,656) in the 1990- 91 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 for this grant and to do all the things necessary to give this resolution effect. The motion to adopt said resolution passed by unanimous vote (5-0). County Administrator Standish reported that the Recreational Facilities Authority has requested- amending the use of funds in the capital budget. Supervisor Turner moved the Board approve the request of the Recreational Facilities Authority to use $17,000 previously appropriated to complete the ongoing tennis court project at the Windsor High School. The motion passed by unanimous vote (5-O). County Administrator Standish reported that Southampton County has requested the Board's consideration of appointing a member to serve with their. members on a Regional Advisory Committee on their State funded farmers' market facility. County Administrator .Standish stated. the Southampton County Administrator indicated they wanted to make sure that it reflects a regional attitude. Supervisor Turner stated he wanted to submit two names for consideration: Ray Hughes and Edna Brooks Turner. Supervisor Ross nominated Edna Brooks Turner to serve on the Advisory Committee. The motion passed (4-0-1) with Supervisor Turner abstaining. 10 P ... 41f~ 14 ; ~:~ rr, r Supervisor Edwards moved the Board adopt the following resolution: 1 A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. TO ACCEPT AND INCLUDE THE FOLLOWING STREETS: Gatling Point Parkway, Spinnaker Run Lane, Spinnaker Run Court, Regatta Lane, Shallowford Circle, Mariners Point-Lane, Water Pointe .Lane, Watch Harbour Circle, Commodore Lane, James Landing Circle, South James Landing Court, North James Landing Court Clipper Creek Court, Sunrise Bluff Lane, Clipper Creek Lane, Sunrise Bluff Court INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in the Gatling Pointe Subdivision, Newport District, Isle of Wight, Virginia, have been built in accordance with Secondary Road Policies, and the Isle. of Wight County Subdivision Ordinance . relating to acceptance of streets. into the States Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of .Transportation is requested to include into the Virginia. Secondary Road System for maintenance. the following described streets in Gatling Pointe Subdivision. 1. Gatling Pointe Parkway: Beginning at a point on State Route 704, 0.68 miles northeast of its intersection with State Route 669; thence, running in a northerly direction 1.07 miles to Gatling Pointe Parkway. Length: 1.07 miles Right of way: variable 50-80 feet Total length: 1.07 miles 2. Spinnaker Run Lane: Beginning at a point on Gatling Pointe Parkway, 0.12 miles north of its intersection with State Route 704, thence running in a southwesterly direction 0.16 miles to a cul-de-sac. Length: 0.16 miles Right of way: 50 feet Total .length: 0.16 miles 3, Spinnaker Run Court: Beginning at a point on Spinnaker Run Lane 0.07 miles west of its intersection with Gatling Pointe Parkway; thence running in a southeasterly direction 0.12 miles to a cul-de-sac. Length: 0..12 miles Right of way: 50 feet Total length: '0.12 miles 4. Regatta Lane: Beginning at a point on Gatling Pointe Parkway, 0.18 miles northeast of its intersection with State Route 704; thence running in a westerly direction 0.10 miles to a cul-de-sac. Length: O.10 miles Right of way:. 50 feet Total length: 0.10 miles. 5. Shallowford Circle: Beginning at a point on Gatling. Pointe Parkway, 0.29 miles-northeast of its intersection with State Route 704; thence running in a southwesterly direction 0.06 miles to a cul-de-sac. 11 Bo~K 14 .~:~67~~ Length: 0.06 miles Right of way: 50 feet Total Length: 0.06 miles 6. Mariners Pointe Lane: Beginning at a point on Gatlinq Pointe Parkway, 0.41 miles northwest of its intersection with State Route 704; thence running in a southwesterly direction 0.07 miles to the intersection of Mariners Circle. Length: -0.07 miles Right of way: 50-feet Total length: 0.07 miles 7. Mariners Circle: Beginning at a point on Mariners Circle which is 0.07 miles southwest from its intersection with Gatlinq Pointe Parkway; thence running in a northwesterly-southwesterly direction 0.19 miles from cul-de-sac to cul-de-sac. Length: 0.19 miles Right of way: 50 feet Total Length: 0.19 miles 8. Mariners Court: Beginning at a point on Mariners Circle, 0.04 miles form its intersection with Mariners Pointe Lane; thence running in a southwesterly direction 0.06 miles to a cul-de-sac. Length: 0.06 miles Right of way: 50 feet Total length: 0.06 miles 9. Water Pointe Lane: Beginning at a point on Gatlinq Pointe Parkway; 0.22 miles south of its intersection with Gatlinq Pointe Parkway; thence running in a westerly direction 0.12 miles to a cul-de-sac. Length: 0.12 miles Right of way: 50 feet Total Length: 0.12 miles 10. Watch Harbour Circle: Beginning at a point on Gatlinq Pointe Parkway, 0.65 miles northeast of its intersection with State Route 704; thence running in a northwesterly direction 0.06 miles to a cul-de-sac. Length: 0.06 miles Right of way: 50 feet Total Length: 0.06 miles il. Commodore Lane: Beginning at a point on Gatlinq Pointe Parkway, 0.70 miles north of its intersection with State Route 704; thence running in a northerly direction 0.1? miles to a cul-de-sac. Length: 0.17 miles Right of way: 50 feet Total length: 0.17 miles 12. James Landing Circle: Beginning at a point on Gatlinq Pointe Parkway, 0.78 miles northeast of its intersection with State Route. 704; thence running. in an easterly direction 0.16 miles to a cul-de-sac. Length: 0.16 miles Right of way: 50 feet Total length: 0.16 miles 12 .; Eo~r, 1.4 ~Fi7 13. South James Landing Court:. Beginning at a point on James Landing Circle, 0.04 miles .east from its intersection with Gatling Pointe Parkway: thence. running in a northerly direction 0..06 miles to a cul-de-sac. Length: 0.06 miles Right of way: 50 feet Total length: 0.06 miles 14. North James Landing Court: Beginning at a point on James Landing Circle, 0.04 miles east from its intersection with Gatlinq Pointe Parkway; thence running in a northerly direction 0.07 miles to a cul-de-sac. Length: 0.07 miles. Right of way: 50 feet Total length: 0.07 miles 15. Clipper Creek Lane: Beginning at a point on Gatling Pointe Parkway, 0.16 miles south of its intersection with Sunrise Bluff Lane; thence running in a southwesterly direction 0.24 miles to a cul-de-sac. Length: 0.24 miles 1 Right of way: 50 feet .Total length:. 0.24 miles 16. Clipper Creek Court: Beginning at a point on Clipper Creek Lane, 0.07 miles east from its intersection with Gatlinq Pointe Parkway; thence running in a southerly direction 0.06 miles to a cul-de-sac. Length: 0.06 miles Right of way: 50 feet Total length: 0.06 miles 17. Sunrise Bluff Lane: Beginning at a point on Gatlinq Pointe Parkway, 0.07 miles south of its intersection with James Landing Circle; thence running in a southeasterly direction 0.13 miles to a cul-de-sac. Length: 0.13 miles. Right of way: 50 feet Total length: 0.13 miles 18. Sunrise Bluff Court: Beginning at a point on Sunrise Bluff Lane, 0.06 miles southeast of its intersection with. Gatlinq Pointe Parkway; thence running in a southwesterly direction 0.08 miles to a cul-de-sac. Length: 0.08 .miles Right of way: 50 feet Total length: .0.08 miles Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Cab. 1, Book 14, Page 191, Slide 374 dated March 3, 1989; Plat Cab. 1, Book 14, Page 8, Slide 364, Dated June 14, 1988; Plat Cab. 1, Book 14, Page 193, Slide 374 dated March 3, 1989; Plat Cab. 1, Book 14, Page 29, Slide 365, Dated June 23, 1988; Plat Cab. 1, Book 14, Page 18, Slide 364, Dated June 14, 1988; Plat Cab. 1, Book 14, Paqe 12, Slide 364, Dated June 14, 1988; Plat Cab. 1, Book 14, Page 16, Slide 364, Dated June 14, 1988; Plat Cab. 1, Book 14, Page 14, Slide 364, Dated June 14, 1988; Plat Cab. 1, Book 14, Paqe 36, Slide 365, Dated July 1, 1988, and is guaranteed. The motion to adopt said resolution passed by unanimous vote (5-0). 13 [~~Q eo~K 4 ,~;t;~ U I ~_, Supervisor Edwards moved the Board adopt the following resolution: A RESOLUTION REQUESTING-THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE THE FOLLOWING STREETS: HIDDEN ACRES CIRCLE, WEAVER COURT WILLIS COURT & ROBINSON WAY INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Hidden Acres Subdivision, Windsor Magisterial District, Isle of Wight, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County 'Subdivision Ordinance. relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described streets in Hidden Acres Subdivision.. 1. Hidden Acres Circle: Beginning at a point on State Route 460, 0.76 miles from its intersection with State Route 600; thence running in a northeasterly direction 0.33 miles to a cul-de-sac. Length: 0.33 miles Right of way: 50 feet Total length: 0.33 miles 2. Weaver Court: Beginning at a point- on Hidden Acres Circle, 0.15 miles northeast. of its intersection with State Route 460; thence running in s southerly direction 0.08 miles to a cul-de-sac. Length: .08 miles Right of ,way: 50 feet Total length: 0.08 miles 3. Willis Court: Beginning. at a point on Hidden Acres Circle, 0.22 miles northeast of its intersection with State Route 460; thence running in a southerly direction 0.08 miles to a cul-de-sac. Length: 0.08 miles Right of way: 50 feet Total length: 0.08 miles 4. Robinson Way: Beginning at a point on Hidden Acres Circle, 0.28 miles northeast of its intersection with State Route 460; thence running in a southeasterly direction 0.24 miles to a cul-de-sac. Length: 0.24 miles Right of way: 50 feet Total length: 0.24 miles Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Cab. No. 1, Book No. 14, Pages 112-114, Dated August 22, 1988; Plat Cab. No. 1, Book No. 14, Pages 15 & 16, Dated December 29, 1989; Plat Cab. No. 1, Book No. 14, Page 6, Dated March 30, 1990 and is guaranteed. The motion to adopt said resolution passed by unanimous vote 14 Bo~K 14 r.:~~ ~ ~~~ (5-O) . Supervisor Edwards moved the Board adopt the following resolution: A RESOLUTION. REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE THE FOLLOWING STREETS: Kings Point .Avenue, Oakwood Lane, Red Oak Court and Plantation Lane OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Wrenn's Mill Estates Section II, Hardy Magisterial District, Isle of Wight, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight. County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described streets in Wrenn's Mill Estates Section II. 1. Kings Point Avenue: Beginning at a point on State Route 1410, 0.07 miles southwest of its intersection with State Route 10 business; thence running in a southeasterly direction 0.35 miles to its intersection with Plantation Lane. Length: 0.35 miles Right of way: 50 feet Total length: .0.35 miles 2. Oakwood Lane: Beginning at a point on Kings Point Avenue, 0.12 miles from its- intersection with State Route 1410; thence running in a southeasterly direction 0.30 miles to the intersection of Deer Spring Lane. Length: 0.30 miles Right of way: 50 feet Total length:. 0.30 miles 3. Red Oak Court: Beginning at a point on Kings Point Avenue, 0.23 miles southeast of its intersection with State Route 1410; thence running in a southeasterly direction 0.15 miles to a cul-de-sac. Length: 0.15 miles Right of way: 50 feet Total length: 0.15 miles 4. Plantation Lane: Beginning at a point on State Route 10 business, 0.37 miles from its intersection with State Route 1410; thence running in a southwesterly direction 0.06 miles to a turn around.. Length: 0.06. miles Right of way: 50 feet Total length: 0.06 miles Unrestricted .rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Cab. 1, Plat Book 13, Paqe 307, Slide 360 and is guaranteed. The motion to approve said resolution passed by unanimous vote 15 ao~K 14 ~;,:rf,~~ (5-0). Supervisor Edwards moved- the Board approve the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER- OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE GREENFIELD COURT INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this .Board that streets in Green Meadows Subdivision, Newport Magisterial District, Isle. of Wight, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County .Subdivision Ordinance relating to acceptance of .streets .into the, State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described streets in Green Meadows Subdivision. 1. Greenfield Court: Beginning at a point on State Route 1903,. 0.08 miles east from its- intersection with State Route 661; thence running in an northeasterly direction 0.11 miles to a cul-de-sac. Length: 0.11 miles Right of way: 50 feet Total .length: 0.11 miles Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the circuit Court at Isle of Wight County in Plat Cab. No. 1, Book No. 12, Page 84, Slide 334, March 1, 1985 and is guaranteed. The motion to adopt said resolution passed by unanimous vote (5-0) . Supervisor Edwards moved the Board approve the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE LAKE SHORES COURT INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in the Lake Shores West Subdivision, Newport District, Isle of Wight, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision- Ordinance relating to acceptance of streets into the State's .Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described street in the Lake Shores West Subdivision. 1. Lake Shores Court: Beginning at a point on State Route 661, which is 0.35 miles north of its intersection with State Route 1903; thence, running in an easterly direction, 0.09 miles to a cul-de-sac. Length: 0.09 miles Right. of way: 50 feet 16 s T•, ~~~K 14:,.~E~1 Total length: 0.09 miles Unrestricted rights of way fifty (50) feet in width and additional right ~of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Cab. No. 1, Book No. 12 ,- Page 83, Slide 334, March 1, 1985 and is guaranteed. The motion to adopt said resolution passed by unanimous vote (5-0) . // Chairman Bradby called for New Business. Supervisor Ross stated that at the last Southeastern Public Service Authority (SPSA) meeting, the SPSA Board accepted all. of the conditions the Board of Supervisors placed on the permit except Item ,~3 which contained language which. SPSA felt would create a hardship on financing. Supervisor Ross continued that this was presented to the Planning Commission who agreed to change the language in Item ~3. Supervisor Ross read, "The approval shall be conditioned upon -issuance of the appropriate permits by the Virginia Department. of Waste Management. Design and operation shall meet or exceed such State and County standards as may be in place at the time of construction and any additional requirements imposed by Isle of Wight County. Any waiver from these standards shall first receive County approval." Supervisor Ross stated he had not anticipated any problems with this at SPSA, but SPSA had indicated a desire that the second sentence be ended following the words "State standards as may be in place at the time of construction." Supervisor Ross continued this would be removing, "and County"; however, the ..last sentence of that statement says, "any waiver from. these standards shall first receive .County approval" and this does not remove County involvement from some control. County Administrator Standish noted to the Board that in another condition of the series of conditions levied on the project, there is a requirement that a detailed contract that must be agreed to and executed by both the .:SPSA Board and Board of Supervisors that will .address anything the Board wants it to address and this is the instrument that makes specific requirements on the project by SPSA and the Recreational Facilities Authority. County .Attorney Crook stated their were questions raised with SPSA by the Planning Commission at their hearings. Mr. Crook continued that the Planning Commission recommended the original conditions that the County could add .requirements. Now the Planning Commission has recommended the final change, i.e., "shall meet or exceed State and County standards" and if the. Board of Supervisors is not agreeable to the change, the Board should consider sending it back to the Planning Commission for public hearing and comment. Supervisor Edwards stated he did not think it was necessary to refer the change back to the Planning Commission for a public hearing, but a given set of conditions was advertised by the Board and a public hearing was held on the conditions. Supervisor Edwards continued that if the. Board now changed the conditions, then the Board should have another public hearing on the new conditions. Supervisor Turner stated he -would agree if it were a substantial change, but Mr. Crook had pointed out that it was a matter only of different wording and-the County is still involved. with what. the County or Planning Commission was attempting to accomplish. Supervisor Turner .further stated the wording was not so .wide open that the financing could not be accomplished. 17 ~QCK ~4 ~~;~~'~~~ County Attorney Crook stated that if the Board took out the language of the County involvement, the Board would be making a substantial change and should hold a public hearing; however, if the Board changes the wording to say "County standards" as the Planning Commission recommended, it is not a substantial change and. the Board can proceed with doing it. Supervisor Turner movez the Board accept the recommendation of the Planning Commission and that it be forwarded on to the Southeastern Public Service Authority. The vote in favor was (4- i) with Supervisor Edwards voting in opposition to the motion. // Chairman Bradby called for Old Business. 1. The application of C. C. Gregory Development, Inc. for a change in zoning classification from A-1, Agricultural Limited to Conditional R-1, 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.. (Tabled July 5, 1990) W. Douglas Caskey, Assistant County Administrator/Community Development, stated this rezoning request was tabled by the Board at their meeting of July 5, .1990. Mr. Caskey continued that the applicant has submitted a request asking that the .rezoning application be withdrawn. Supervisor Ross moved the Board accept the request of withdrawal. The motion passed by unanimous vote (5-O). // Chairman Bradby called for appointments. Supervisor Ross stated that at the August 2, 1990 meeting of the Board he moved the Board nominate William Johnston to serve on the Equalization Board. Supervisor Ross continued that Mr. Johnston accepted the appointment and then submitted a letter. of resignation to County Administrator Standish. Supervisor Ross stated at this time he did not have another nomination. County Attorney Crook stated if Supervisor Ross wants to suggest another nomination he could relay it to the Judge. // Chairman Bradby called for approval of the July 19, 1990 minutes. ' On recommendation of County Attorney Crook and motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the July 19, 1990 minutes of the Board of Supervisors. // County Attorney Crook requested an Executive Session under the Freedom of Information Act, Section 2.1-344 A7, for consultation with counsel and staff pertaining to matters relative to actual litigation concerning the Keusal versus Isle of Wight County pending court case and under the Freedom of Information Act, Section 3, for discussion and consideration of the acquisition or use of property for public purposes, specifically the Carrollton/Carrisbrooke Library. Supervisor Turner left the meeting at 9:10 P.M. 18 r ,. r~nK 14 ~:~:f 1 1 Supervisor Edwards moved the Board go into Executive Session. for the reasons stated by .the County Attorney. The motion passed by unanimous vote (4-O) of those members present. Supervisor Turner was not present for the vote. Upon returning to open. session, Supervisor Ross moved the Board approve the following resolution: CERTIFICATION OF EXECUTIVE MEETING. WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, Section 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: 4 NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 1 // At 9:28 P.M., Supervisor Ross moved the Board adjourn. The motion passed by unanimous vote (5-0). // r-, ~~ ' Myles Standish, Clerk Henry H. Bradby, Chairman 19