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12-21-1995 Regular Meeting..... B~OK 1V ~Fn~VOIJ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY FIItST DAY OF DECEMBER IN THE YEAR 1VINETEEN HUNDRED NINETY FIVE PRESENT: Malcolm T. Cofer, Chairman Phillip A. Bradshaw, Vice Chairman O. A. Spady Henry H. Bradby Lud L. Spivey Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Cofer called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Spady. // Chairman Cofer called for Special Presentations. Principal Bill Worsham, Coach Tommy Austin and the team members of Windsor High School were recognized by the Board. Supervisor Bradshaw moved the Board adopt the following resolution RESOLUTION TO RECOGNIZE THE 1995 WINDSOR HIGH SCHOOL FOOTBALL TEAM WHEREAS, the Windsor High School Football Team participates and competes in Group A athletics in the Tri-Rivers District of Region A; and, WHEREAS, the 1995 Windsor High School Football Team completed i#s most successful season in the School's history by winning the Region A Championship with a victory over Surry High School; and, WHEREAS, the 1995 Windsor High School team advanced to the semi-finals of the Group A Virginia State Championship; and, WHEREAS, the team completed the season with a successful overall record of 10 wins and only 3 losses. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the 1995 Windsor High School Football Team be recognized for its superior achievements in Virginia High School athletics. The motion was adopted unanimously (5-0). Clarence H. Carter, Executive Director, Governor's Employment and { .. 1 1 f~. BOOK 16 ~G'.,'~U~ Training Program addressed the Board on the issue of Welfare Reform and related employment training programs. 1 Supervisor Bradshaw requested the County Administrator to arrange a work session with Mr. Carter after the holidays and include the Director of Social Services. - Russ Myers, Eggleston, Smith, Hall, Cotman & Company, addressed the Board on the County's FY199495 Financial Audit. I/ Chairman Cofer indicated the following Consent Agenda included. Items I, A through E, and asked if there were any items for removal: A. Resolution to Appropriate $1,680 From the Unappropriated Fund balance of the General Fund for the Smithfield Head Start Center for Furnace Replacement B. Resolution #o Appropriate $3,000 From the .Unappropriated Fund Balance of the General Fund to Sponsor A Veterans Day Parade C. Resolution to Appropriate $900 From the Unappropriated Fund Balance of .the General Fund for the Commission on Aging to Sponsor A Youth Concert 1 D. Authorization to Execute Change Order No. 3, Closure of County Landfill (Resolution to Appropriate $24,882 From the Unappropriated Fund Balance of the General Fund For Additional Expenditures For the Closure of the County Sanitary Landfill) E. Delinquent Real Estate Tax Collection Monthly Report There being no items requested by the Board members for removal, Supervisor Bradshaw moved the Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). // Chairman Cofer called for Transportation Matters. A. Turn-lane improvements at the intersection of South Main Street (Route 285) and Route 10 -Bypass in the Town of Smithfield 1 R. Bryan David, Director of Planning and Zoning, reported construction is complete on the installation of right-turn lanes and extended left-turn lanes at the. intersection of South Main Street and Route 10~Bypass in the Town of Smithfield. Mr. David further reported similar. funding is being secured from the MPO for the preliminary work of developing the Cypress Creek Connector. 2 B~~M 16 ~r~.~OIJ B. Installation of flashing lights at intersection of Walters Highway (Route 258) and Carrsville Highway (Route 58-Business) Mr. David reported VDOT has advised that based on the low accident experience, excellent signing, the presence of left turn lanes and good sight distance, there is no justification for the installation of intersection control beacons at this location. C.' .Speed .study of Hunt Club Road (Route 630) Mr. David reported that while VDOT does not recommend the existing unposted statutory 55 mph speed limit be lowered, it does recommend a "WINDING ROAD" symbol sign be installed on both approaches in advance of the curve with a supplemented 25 mph advisory speed plate. D. Temporary closure of Beaverdam Road (Route 630) to through traffic between Walters Highway (Route 258) and Carrsville Highway (Route 58 Business) during reconstruction of the bridge over Beaverdam Swamp Mr. David reported VDOT has advised that Route 630, Beaverdam Road, will be closed for approximately 120 days to thru traffic. between Routes 258 and 58 Business at the bridge over Beaverdam Swamp beginning December 11, 1995 due to construction of a new bridge and approaches. E. Poplar Drive/Rushmere Shores Mr. David stated regarding Poplar Drive, VDOT has advised the County will need to accomplish a number of things in order to have the street taken into the State's Secondary Road System and he is requesting direction from the Board before proceeding with the matter. Chairman Cofer requested Mr. David provide additional cost estimates at the Board's January meeting relative to inclusion of the roadway in the State Secondary System and to coordinate further with VDOT, as necessary. In response to Supervisor Bradby's inquiry concerning the status of the road parallel to Route 10, Mr. David was requested to arrange a meeting with VDOT and to notify Mr. Bradby of same. In response to Norman Hollowell's inquiry of the status of Pruden Road and the right-of--way dedications required by VDOT, Mr. David is to resolve and coordinate all remaining issues and to communicate directly with Mr. Hollowell. // Chairman Cofer called for Citizens Comments. William Riddick requested the Board's assistance with securing 1 C 3 .•. BD~K ~V ~k nr~o~ 1 accurate supplemental tax bills from the Treasurer's office. Supervisor Bradshaw suggested he, Chairman Cofer, County Attorney Crook and Bill Riddick meet with the Treasurer regarding the supplemental tax .bills. Mr. Riddick was requested to bring documentation on his concerns at that time. // Chairman Cofer called for the Community Development report. A. Application of Henry H. Stiltner for a Conditional Use Permit to locate a mobile home on the subject property for the applicant's daughter. Chairman Cofer .opened the public hearing and called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments from the Board.. Supervisor Spady moved the Board approve the application of Henry H. Stiltner with the requirement that the mobile home be removed from the property when the applicant's daughter is no longer occupying it. The motion was adopted unanimously (5-0). 1 B. Application of James A. Young for a Conditional Use Permit to locate a mobile home for his mother, Cleo Young, on eighteen (18) acres of land situated on lot 5 in the Jenkins Mill Subdivision. Mr. David stated because a letter of opposition was submitted at the Planning Commission meeting regarding the possible restriction of mobile homes from the subject lot, the matter was tabled by the Planning Commission to allow the County Attorney time to research if any such deed restriction applied. Mr. David stated the County Attorney has advised the .Planning Commission that his research did not reveal the existence of any such restriction on mobile homes for this lot. Mr. David. stated the Planning Commission voted unanimously to recommend approval of this application to the Boazd. Supervisor Bradshaw moved the Board approve the application of James A. Young with the requirement that the mobile home be removed when the applicant's mother is no longer .occupying it. The motion was adopted unanimously (5-0). C. Application of Jim Godwin, lessee, to display a lighted, projecting sign measuring three feet by ten feet (3' x 10') on the building which he is leasing for .his business, Hallmazk Communications, at 14528 Benns Church Boulevazd in the Saint Luke's Historic District. 4 eooK 16 ~~~~~5~0 Mr. David stated the Historical Architectural Review Committee recrmmends approval of the application to the .Board. Supervisor Spady moved the Board approve the application of Jim Godwin. The motion was adopted unanimously (5-0). D. Application of Red Dot Ventures, lessee, to display a lighted, projecting sign measuring fourteen feet by sixteen feet (14' x 16') on the building which is being leased for the business, Military Surplus, located at 14524 Berms Church Boulevard in the Saint Luke's Historic District. Mr. David stated the Historic Architectural Review Committee rernmmends approval of the application to the Board. Supervisor Spivey moved the Board approve the application of Red Dot Ventures. The motion was adopted unanimously (5-0). E. Dredging of the Jones Creek Navigation Channel Mr. David stated the Corps of Engineers had requested the Board defer consideration of the matter until the Board's January meeting to allow the Corps time to determine whether funds may become available for this project. // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order of the agenda to conduct the public hearings. The motion was adopted unanimously (5-0). // Chairman Cofer called for a public hearing on the following: A. The application of Keith and Cheryl Latimer for a Conditional Use Permit to locate a mobile home to be occupied by mother, Mildred West, at 19315 Beechwood Lane, in Newport Magisterial District. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Keith Latimer and Mildred West appeared requesting favorable action from the Board. Mr. David submitted letters from Kim and Anthony Powell and James C. Bradshaw in favor of the application for the record and the Board's consideration. Supervisor Spivey noted there are existing mobile homes on Berms Church Boulevard and requested Mr. David to explain the Planning AI 1 1 5 .•. ao~K 16 "R"511 Commission's rationale concerning this trailer. ~l Mr. David responded that the Comprehensive Plan recommends single wide mobile .homes be located only on individual lots outside established mobile home parks with only three exceptions, i.e., family member, building of a permanent residence, or for farm help. Chairman Cofer noted for the record a letter received from Everett and Faula Sutton at 14243 Berms Church Boulevard expressing their opposition to the application. Supervisor Spady asked Mr. Latimer if it was possible to locate the mobile home at the mobile home. park located approximately 300 feet from, the proposed site or if his mother-in-law could live at his rental home. Mr. Latimer replied the rental home is on the market for sale and the mobile home park is not a viable option because of the expense. Supervisor Spivey moved .the Board approve the application.. The motion was defeated (2-3) with Supervisors Bradby and Spivey voting in favor of the motion and Chairman Cofer and Supervisors Spady and Bradshaw voting against the motion. Supervisor Spady moved the Board deny the application. The motion was adopted (3-2) with Chairman Cofer and Supervisors Spady and Bradshaw voting in favor and Supervisors Bradby and Spivey voting against the motion. B. Resolution Requesting Transportation Enhancement Funds From the Virginia Department of Transportation For Boykin's Tavern Restoration and Preservation Project Chairman Cofer called for citizens to speak in favor of or in opposition to .the proposed resolution. Ronald York, representing the Isle of Wight County Historical Society, and Diane Howard, Director of Tourism, spoke in favor of the application. Chairman Cofer called for comments from the Board. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE BOYKIN'S TAVERN RESTORATION AND PRESERVATION PROJECT f] WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in Isle of Wight County.. 6 ~/ ~ 4 80on iV ~~.,;~V 3,:~ WHEREAS, the Board of Supervisors of the County of Isle of Wight request the Commonwealth Transportation Board to fund the Boykin's Tavern Restoration and Preservation Project at a total cost of $440,000. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight hereby agrees to pay 20 percent of the total cost, and that, if the County subsequently elects to cancel this project, the County hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the cost expended by the Department through the date the Department is notified of such cancellation. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Isle of Wight directs that appropriate letters of endorsement be solicited from those agencies or groups having an interest in the procurement of this project. The .motion was adopted unanimously (5-0). C. Resolution Endorsing Transportation Enhancement Funds From the Virginia Department of Transportation For Virginia's Civil War Trail Program -Battle of Smithfield Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed resolution. Upon no one appearing, Chairman Cofer called for comments from the Board. Supervisor Spivey moved the. Board adopt the following resolution: RESOLUTION ENDORSING TRANSPORTATION ENHANCEMENT FUNDS FROM .THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR VIlZGINIA'S CIVIL WAR TRAIL PROGRAM -BATTLE OF SMITHFIELD WHEREAS, the Commonwealth Transportation Board has previously allocated funds under the Transportation Enhancement Program to projects which enhance Virginia's Civil War sites in order to promote tourism; WHEREAS, the project entitled Virginia Civil War Trails -Battle of Smithfield is proposed for funding under the 1996 Transportation Enhancement Program; WHEREAS, the Board of Supervisors of Isle of Wight County finds the Battle of Smithfield a project worthy of such funding which will complement existing Civil War sites in Isle of Wight County and further promote tourism in the County, the Town of Smithfield, and the Commonwealth of Virginia; NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors of Isle of Wight County hereby endorses and supports the Virginia Civil War Trails Program -Battle of Smithfield project and D 1 7 .•, B~QK ~V v~rr~1~ respectfully requests favorable 'consideration by the Commonwealth Transportation Board. The motion was adopted unanimously (5-0). D. An Ordinance to Regulate Smoking in Isle of Wight County, Virginia County Attorney Crook stated the ordinance was prepared .tracking the enabling statute but now includes the deletion of the workplace for private businesses which the Board directed prior to the advertising of the ordinance for public hearing. Chairman Cofer called for .citizens to speak in favor of or in opposition to the proposed ordinance.. Alan Nogiec, Director of the Public Parks and Recreational Facilities Authority, stated the adoption of the proposed ordinance may impact some of the programs offered to the public for recreational purposes. Chairman Cofer called for comments from the Board. Supervisor Bradshaw moved the Board amend the ordinance limiting it to County-owned public buildings and authorize the County Attorney to advertise the matter for public hearing at the Board's January 1996 meeting. The motion .passed (3-2) with Supervisors Bradby, Bradshaw and Spivey voting in favor of the motion and Chairman Cofer and Supervisor Spady voting against the motion. E. An Ordinance to Amend Certain Provisions of Chapter 4.1 of the Isle of Wight County Code for Licensing and Regulating Cable Television Systems County Attorney Crook stated the cablevision company has requested the ordinance previously adopted by the Board be amended to delete the requirement for copyright insurance and allow them to blackout sports events they are required to blackout. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed ordinance. Sharon Stallings, Insight Cablevision Manager, spoke in favor of .the ordinance amendment stating that County Attorney Crook. had correctly summarized why the cablevision company needed the amendments. Chairman Cofer called for comments from the Board. Supervisor Spady moved the Board adopt the following orc~'inance: 1 AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF CHAPTER 4.1 OF THE ISLE OF WIGHT COUNTY CODE FOR LICENSING AND REGULATING CABLE TELEVISION SYSTEMS 8 eooK 16 ~~^•~~~ WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia on August 17,1995, adopted an Ordinance to Amend Chapter 4.1 of the Isle of Wight .County Code for Licensing and Regulating Cable Television Systems which superseded all prior Ordinances and Amendments preciously adopted by the Boazd of Supervisors of Isle of Wight County for licensing and regulating cable television systems; and, WHEREAS, Insight Communications Company, The cable television system franchised under said Ordinance by the Board of Supervisors of Isle of Wight County, Virginia, has requested certain modifications of certain provisions of said Ordinance as hereinafter mentioned; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it in the best interests of the citizens~of the County and of said licensee to amend certain provisions of said Ordinance as hereinafter specified. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Sections 4.1-4, (a), (5), and 4.1-11, be amended to read as follows: Section 4.1-4 (a) (5) Deleted. Section 4.1-11. Program alteration All programs of broadcasting stations carved by the Licensee shall be carried in their entirety as received, with announcements and advertisements and without additions, subject to any syndicated exclusivity, network non-duplication and sports blackout requirements. The Licensee hereby agrees to provide the same channels offered in the City or Town from which the service is being extended, subject to any .contractual or federally mandated "must-carry" obligations and/or restrictions. The motion was adopted unanimously (5-0). F. The application of R. T. H. Johnson, Sr. for a change in zoning classification from R 2y Residential General to R-MH A, Rural Mobile Home District, lots 84, 85 and 86 of Jamestown Annex, located at the intersection of Carver Road (Route 1603) and Pocahontas Avenue in Windsor Magisterial District. The purpose. of the application is for the permanent location of a mobile home. Chairman Cofer called for citizens to speak in favor of or in opposition to the application. Barbara Staton spoke in favor of the application. Chairman Cofer called for comments from the Board. 9 eoeK ~E ~~:~~~~.J Supervisor Bradshaw moved the Board approve the application provided the Board of Zoning Appeals grants the necessary variances to the Zoning Ordinance set back requirements. The motion was adopted unanimously (5-0). G. The application of .First Dominion Land, Inc. for a change in zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural. Residential approximately fifty-nine (59) acres of land located on the east and west sides of Colosse Road (Route 641) and east side of Darden's Mill Road (Route 629) in Windsor Magisterial District. The request is for no more than nine (9) single family lots. Chairman Cofer called for citizens to speak in favor of or in. opposition to the application. Jeff Gardy, Attorney, appeared on behalf of the applicant, First Dominion Land. Mr. Gardy stated the applicant has reduced their request to nine lots, the smallest proposed lot being 1.83 acres and the largest thirteen acres. Mr. Gardy further stated the proposed single-family residential homes are required to be either 1,600 square feet with an attached garage or 1,800 square feet with a detached garage and will include the stipulation that there will be no resubdivision of any lot. 1 George Parker spoke in opposition. Mr. Parker stated Mr. Gardy represented that modular or double-wide mobile homes would not be placed on the .lots, however, a separate tax parcel was. sold which now contains adouble-wide. Mr. Parker further stated another tax parcel was sold across the. road, making. a total of eleven. lots rather than nine. Mr. Parker continued there are 21.44 acres left and he is concerned that there could possibly be another 10-151ots created with the installation of a road. down the middle. Lisa Parker Little, Gilmore Parker, Jerry Butler and Rebecca Parker individually spoke in opposition citing increased traffic, fire protection, water and sewage situations, trash disposal, police protection, safety and population concerns. In rebuttal, Mr. Gardy stated that while he can understand why the Colosse residents want to keep their community a rural setting, he does not believe that. nine additional lots spread out on sixty acres of .land will destroy the present way of life in Colosse. Supervisor Spady requested Mr. Gardy to elaborate on the two parcels that had been sold and the double-wide mobile home which was placed on the property. Mr. Gandy stated one large parcel was sold to a farmer and one separate tax parcel was sold which contains a modular home. 1 Chairman Cofer closed the public hearing and called for comments from the Board.. 10 ~.. eo~~ 16 ~~~~~5~s Supervisor Spivey inquired if the twenty-one acre residual lot could be developed into as many as twenty lots if a street were built. IVir. David stated if the twenty-one acre parcel was further subdivided it would first have to be rezoned and the Subdivision Ordinance would allow for the creation of up to three lots. from the twenty-one acre tract without a public road being built. Mr. David further stated if zoning approval was granted and a subdivision street was built io State standards then it is a matter of how much frontage there is on the State road. Supervisor Spivey stated if leaving the land A-1 would guarantee it maintains its current use, he would not consider this application favorably. Supervisor Spivey stated he believes this land will be sold and the Board has a responsibility to guarantee that the landowner has some rights and to protect the community from undesirable or offensive types of activities. Supervisor Spivey continued he believes this plan to be reasonable because it protects the community from offensive uses such as commercial farming. Supervisor Spady stated he believes the residents of Colosse will be better off with this development than one possibly proposed in the future. Supervisor Spady stated the Colosse residents will at least have control over what the proposed landowners can do on their property. Supervisor Bradshaw stated the Comprehensive Plan discourages strip development along County roads and highways and he believes in preserving the rural areas of the County. Supervisor Bradshaw further stated he is concerned about the impact twelve new residences on the secondary road will create, as well as the demands of the new County residents for improvements to the road. Supervisor Bradshaw stated Mr. Gardy did not follow-up in a satisfactory manner with the residents of Colosse to work out fair restrictions, as promised by IVir. Gardy. Supervisor Bradshaw noted it was stated the developers would not place double-wide trailers on the proposed lots, however, there is a modular home on one of the sites now. Supervisor Bradshaw stated fire protection was not addressed by .the Planning Commission and he would also like to know who would be responsible for ensuring the property rezoned will have adequate drainage as this land was once swamp land. Supervisor Bradby stated when he was elected it was with the understanding that he would be responsive to the concerns and desires of the citizens. Supervisor Bradby stated he has listened to the citizens of Colosse tonight. and respects their wishes. Supervisor Cofer stated mobile homes and livestock could be located. on the lots under the current zoning, however, rezoning of the land would guarantee protection to the residents living in the community. Supervisor Bradshaw moved the Board deny the application. The motion was defeated (~3) with Supervisors Bradshaw and Bradby voting in favor of the motion and Chairman Cofer and Supervisors Spady and Spivey voting against the motion. Supervisor Spivey moved the Board approve the application. The !~ 11 .•. BOOK ~U >~;"'J~.7 motion .passed (3-2) with Chairman Cofer and Supervisors Spivey and Spady voting in favor of the motion and Supervisors Bradshaw and Bradby voting against the motion. 1 H. The application of Georgia S. Williams, owner and M. L. Coburn & Company, Inc., prospective owner for a change in zoning classification from A-1, Agricultural Limited to Conditional M 1, Conditional Industrial Limited, approximately three (3) acres of land located on the east side of Airport Drive (Route 616) in Windsor Magisterial District. The purpose of the application is for the storage. of contractors equipment as conditioned. Chairman Cofer called for citizens to speak in favor of or in opposition to the application. - Mike Coburn requested favorable action on his application. Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Georgia S. Williams. The motion was adopted unanimously (5-0). I. The application of A. W. Livesay and F. C. Stewart, owners and Springdale Housing Phase II, Inc., prospective. owner, for a change in zoning classification from A-1, Agricultural Limited to Conditional R-2, Conditional Residential General, approximately five (5) acres of land located off the north side of Carrsville Highway (Route 58) in Windsor Magisterial District. The purpose of the application is for ten (10) multi-family dwelling units as conditioned. Chairman Cofer called for citizens to speak in .favor of or in opposition to the application. Bruce Stewart, attorney,. spoke on behalf of the applicants. County Attorney Crook noted that the proffer is that. the cash payment. would be made to the County at the time the building permit is purchased whereas in the past the County has preferred to have the proffer paid at the time the property is sold. Mr. Stewart stated the developer is paying $7,000 and the current owners are paying $2,000. County Attorney Crook asked if it would be a problem for the proffer to be paid at the time of sale, as is customary. Mr. Stewart stated it would not be a .problem with the owner, however, the project is financed through HUD and the money is not available until closing. The County Attorney noted the County can be flexible regarding the 12 eooK 16 ~R~~518 proffers on this project under the circumstances. Harry. Moser; Architect; stated regarding the proffers, the owner of the property is a non-profit organization and the money for the development comes from HUD who does not provide any funding until the project is closed. Mr. Moser further. stated permission was requested previously to pay for the building permit on the first phase at the time that the project was closed which was agreeable to the County and the same request is being made for this phase, to include the payment of the proffers. Mr. Moser continued there are twelve vehicles serving the forty apartment units and VDOT has determined that the trips per day would be less than one hundred for the eighty apartment units. Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of A. W. Livesay. The motion was adopted unanimously (5-0). // At 8:40 p.m., Supervisor Bradshaw moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). Upon returning to open session at 8:53 p.m., Chairman Cofer called for the continuation of the Community Development report. , F. Moon Creek Farm -Partial Plat,. Battery Park Road (Route 704), Newport Magisterial District Mr. David stated the Board previously moved to direct that he record a resolution declaring the County's approval of the plat void because it was not recorded within six months of the date of approval. Mr. David further stated the subdivider recently .corresponded with him and requested that the Board reconsider its decision. Leonard Willis stated upon approval of the subdivision to five acre farmettes by the Board, Terry Lewis (former Planning Director) approved the plat and he (Leonard V~'illis) took the mylar plat to Mr. Laine's office for recordation. Mr. Willis further stated earlier this year he was approached by a group of citizens desiring to purchase three of the five-acre parcels. Mr. Willis stated review of Courthouse records indicated no record of the plat. Mr. Willis stated a representative of his refiled the plat and he was later notified by Bryan David who. advised.: him that the regulations required the plat to be recorded within six months. Mr. Willis stated his attorney reviewed the matter and determined that the rules then in effect related to farmette subdivisions did not mention a length of time required to file a farmette subdivision. Mr. Willis stated the only. explanation he received from. Mr. Laine's office for why the plat was not recorded was the plat he gave them was too large to fit in the plat book. County Attorney Crook stated he knew for a fact that there were problems during that period of time. with the Clerk's office recording plats i 1 13 {~, eoo~ 16 ,~51~ because of the scale and the ordinance was amended to reduce the>scale to accommodate the Clerk's office. County Attorney Crook stated `ache Board. has never refused to approve a plat or renew the approval when the plat was not recorded on time if there was a reason for it and Mr. Willis has explained his reasons to the Board. ~1 J Supervisor Spady moved the Board rescind the resolution pertaining to the action of the Board at their November 16, 1995 meeting voiding the plat. The motion was adopted unanimously (5-0). Supervisor Spady further moved that the subdivision plat be approved. The motion was adopted unanimously (5-0). G. Plat of Parcel C and Parcel D, being part of the property of. Dashiell Land Trust, located on Berry Hill .Farm Lane in Hardy .Magisterial District Chairman Cofer moved the Board authorize the Subdivision Agent to approve the subject subdivision plat pursuant to Section 6-1 (Exception). of the Subdivision Ordinance. The motion was adopted unanimously (5-0). H. County .Bikeway Plan Mr. David advised the Board that a draft. plan would be presented to the Board in late Spring or early Summer. I. Camptown Convenience Center 1 Mr. David advised the County Attorney is drafting an agreement to be forwarded along with a Special Use Permit application to the Franklin City Attorney for his and Council's consideration. Mr. David stated upon execution of the documents, same will be presented to the Board for further consideration // Chairman Cofer called for the County Attorney's report. County Attorney Crook stated he had several matters for discussion in executive session later in the meeting. County Attorney Crook advised the Board that a lease with the City of Franklin for a convenience center has been forwarded to the Franklin City Attorney for his comments. County Attorney Crook advised the Board that he has prepared a legislative priority to allow. localities to require impact fees from developers. f] County Attorney Crook stated that he had conferred with local Judges and the establishment of a Small Claims Court is not recommended at this time. // 14 .,, so~~ 16 ~~~•5~0 Chairman Cofer called for the County Administrator's report. The 1995-96 Annual Financial Report was presented to the Board for their review. Chris Ledford, the County's former Budget and Finance Director, Anne Seward and Kelly Holland were recognized for their efforts in this regard. Supervisor Bradshaw moved the Board. adopt the following resolution RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PROPOSALS TO BE PRESENTED TO THE COUNTY'S DELEGATION TO THE 1996 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the County of Isle of Wight has specific interest in matters dealing generally with local governments, as well as with matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID that the Board of Supervisors of the County of Isle of Wight endorses the attached legislative proposals for the 1996 General Assembly Session and directs that both this resolution and the. legislative proposals be forwarded to Isle of Wight County's. General Assembly Delegation and that the .County Administrator and his staff work with and assist the Delegation as appropriate.. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION SUPPORTING THE LEGISLATIVE PROPOSALS OF THE ISLE OF WIGI~T SCHOOL BOARD FOR THE 1996 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect public education in the Commonwealth of Virginia; and, WHEREAS, the Isle of Wight County School Board has specific interest in issues impacting the County's School System directly and indirectly; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia supports the legislative .proposals offered by the Isle of Wight County School Board regarding public education; and, WHEREAS, such support should be conveyed to the Isle of Wight County General Assembly Delegation. LJ 1 1 15 eoeK ~ 16 •~: •~~l NOW, THEREFORE, BE IT AND'IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia supports the legislative proposals developed and offered by the Isle of Wight County School Board regarding public education issues which will be considered during the 1996 Session of the Virginia General Assembly and directs that said support be conveyed via. this resolution to Isle of Wight County's General Assembly Delegation. [; The motion was adopted unanimously (5-0). Supervisor Spivey moved the Board adopt the following resolution: RESOLUTION SUPPORTING THE LEGISLATIVE PROPOSALS OF THE VIRGINIA ASSOCIATION OF COUNTIES FOR THE 1996 SESSION OF THE GENERAL ASSEMBLY WHEREAS, Isle of Wight County, Virginia is a participating member of the Virginia Association of Counties (VACo); and, WHEREAS, VACo produces annually a legislative program which addresses issues vitally important to the local governments of the. Commonwealth of Virginia; and, WHEREAS, VACo has developed a legislative program and policy statements for consideration during the 1996 Session of the Virginia General Assembly; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight supports the 1996 Legislative Program adopted by the Virginia Association of Counties. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia supports the 1996 Legislative Program adopted by the Virginia Association of Counties for consideration during the 1996 Session of the General Assembly and directs that said support be conveyed via' this resolution to Isle of .Wight County's General Assembly Delegation The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO MILLION DOLLARS FROM THE 1995 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL CONSTRUCTION FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the school construction program; and, 1 WHEREAS, the funds in the amount of two million dollars ($2,000,000) need to be appropriated from the 1995 School Bond Issue Proceeds to the School Construction Fund in the 1995-96 budget of the. County of Isle of Wight, Virginia. 16 ti/ ., r 800X 16 ~~:''~:~? NOW, THEREFORE, BE IT AND TT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two million dollars ($2,000,000) from the 1995 School Bond Issue Proceeds be appropriated to the School Construction Fund in the 1995-96 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 was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE. FOUR HUNDRID . EIGHTY EIGHT THOUSAND FIVE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE ISLE OF WIGHT COUNTY SCHOOLS WHEREAS, during the 199495 budget year, the Isle of Wight County Schools underestimated the amount of revenues to be received from sources other than local by three hundred seventy seven thousand seven hundred eighteen dollars ($377,718); and,. WHEREAS, local funds in the amount of one hundred seventy thousand one hundred sixty seven dollars ($170,167) were not utilized in the schools 199495 operating budget; and, WHEREAS, the Isle of Wight County School Board is requesting the re-appropriation of unexpended funds in the amount of four hundred eighty eight thousand five hundred dollars ($488,500) for several projects needed by the schools. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the Board of Supervisors of the County of Isle of Wight, Virginia that four hundred eighty eight thousand five hundred .dollars ($488,500) from the unappropriated fund balance of the General Fund be appropriated to the Isle of Wight County Schools in the 1995-96 budget of the County of Isle of Wight for specific projects identified by the Isle of .Wight County School Board. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to make the appropriate accounting adjustments in the 1995-96 budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Caskey stated the Board previously approved the construction of a solid waste convenience center at the Poor House Farm. IVIr. Caskey stated Public Works staff has secured bids from three contractors and the low bid received is $45,379. 1 IJ 17 r•, 30~t iU ~,;,.J,~3 1 Supervisor Spivey moved the Board table the matter until the January meeting and direct the Director of Public Works to enlist an engineer's advice on the bid specifications, particularly on the thickness of the concrete, without endangering the integrity of the project. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution for the Parks and Recreational Facilities Authority to continue the improvement to the Jones Creek Convenience Center area: RESOLUTION TO APPROPRIATE SIX THOUSAND NINE HUNDRED EIGHTY DOLLARS FROM THE UNAPPROPRIATED FUND .BALANCE OF THE GENERAL FUND FOR ASBESTOS REMOVAL AT JONES CREEK WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has .authorized the demolition and removal of an unoccupied. building on County~wned property at Jones Creek; and, WHEREAS, the removal of asbestos is necessary prior to the demolition of the building; and, 1 WHEREAS, funds will need to be appropriated .from the unappropriated fund balance of the General Fund in the amount of six thousand nine hundred eighty dollars ($6,980) for the asbestos removal at Jones Creek. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the Board of Supervisors of the County of Isle of Wight, Virginia that six thousand nine hundred eighty dollars ($6,980) from the unappropriated fund balance of the General Fund be appropriated for the removal of asbestos from the County-owned building at Jones Creek in the 1995-96 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to make the appropriate accounting adjustments in the 1995-96 budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Caskey stated regarding the YMCA roof repairs,. bids were secured from three contractors with the low bid in the amount of $12,960. Supervisor Spady moved the Board accept the. low bid contingent upon investigation by County staff of the new rooting application, Modified Torch-Down System, represented by the .low bidder. The motion was adopted unanimously (5-0). 1 Alan S. Nogiec, Director of the Public Parks and Recreational Facilities Authority, requested the Board approve utilization of unexpended .capital funds in the amount of $2,000 for the purchase of a replacement pickup body for an existing vehicle. 18 •r eooK ~6 ~x,~~?~ Supervisor Bradshaw moved the Board table consideration of the matter until -the January meeting. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE IIGHT HUNDRID FORTY DOLLARS TO PURCHASE A MASS CASUALTY TRAILER WHEREAS, the County of Isle of Wight, Virginia is susceptible to any ftumber of natural and/or man-made .disasters which could create large numbers of casualties; and, WHEREAS, the Tidewater Emergency Medical Services Council, Inc. has been awarded funds from the Virginia Rescue Squad Assistance Fund for 80% of the purchase price of ten (10) mass casualty trailers; and, WHEREAS, one of the trailers will be placed in the County of Isle of Wight for local and regional emergencies requiring such facilities; and, WHEREAS, each locality housing a mass casualty trailer is responsible for providing $840 as the local match for the grant funding; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is desirous of providing safe and necessary emergency care equipment. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the Board of Supervisors of the County of Isle of Wight, Virginia that eight hundred forty dollars ($840) from the unappropriated fund balance of the General Fund be appropriated to purchase a mass casualty trailer. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia i~ authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Chairman Cofer requested Donald T. Robertson to provide the Board with a detailed operations/procedures plan. County Administrator Caskey stated the Western Tidewater Radio Association is requesting the Board's permission to utilize tower space on the County's .communication tower located at the Public Works facility which would enable the Association to assist the County's emergency services personnel with regard to emergency communications during natural and manmade disasters. Supervisor Bradshaw moved the Board authorize the Western Tidewater .Radio Association to install and utilize an antenna on the County's communications tower under the stipulation that no County communications equipment or operations will be adversely affected and the 1 1 1 19 .: eoeN ~6.~~..J~J matter be coordinated with the Sheriff's office. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following. resolution: RESOLUTION TO PARTICIPATE IN THE COMMUNITY WORK PROJECT PROGRAM AND ACCEPT THE USE OF INMATE LABOR 1 WHEREAS, the Commonwealth of Virginia Department of Corrections has developed the Community Work Project Program which affords , localities acost-effective way to complete projects and gives non-violent inmates opportunities to contribute to the community as well as build marketable skills; and, WI-iF~IZEAS, the County of Isle of Wight, Virginia currently utilizes the services of local non-violent offenders referred by the Courts System or the local regional jail; and, WHEREAS, the County desires to participate in the Community Work Project Program sponsored by the "Virginia Department of Corrections. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by t;te Board of Supervisors of the County of Isle of Wight, Virginia to accept the use of inmate labor through .the Community Work Project Frogram sponsored by the Commonwealth of Virginia Department of Corrections. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested County Administrator Casket' to investigate the possibility of utilizing the inmates for ditch cleaning efforts. 1 The Board was presented with a status report on the Health Department facility. County Administrator Casket' stated the structural engineer is recommending that the County hire a geotechnical engineer to determine the condition of the soil underneath the facility and at that point the structural engineer can make his finat report. Supervisor Spady moved the Board accept the report and table the matter until the January meeting. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board .adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIX THOUSAND DOLLARS- FROM THE RUTH CAMP CAMPBELL FOUNDATION; TWO THOUSAND DOLLARS FROM THE CAMP YOUNTS FOUNDATION; TWO THOUSAND DOLLARS FROM THE CAMP FOUNDATION FOR FIItE AND RESCUE SERVICES IN THEIR DISTRICT 1 'WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a donation for fire and rescue services; and, 20 sooty 16:~~•5~6 WHEREAS, the funds in the amount of ten thousand dollars ($10,000) need to be appropriated to the appropriate fire and rescue line items in the 1995-96 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 ten thousand dollars ($10,000) be accepted and appropriated to the Carrsville Volunteer Fire Department line item ($4,000), Windsor Fire Department line item ($2,000), and the Windsor Volunteer Rescue Squad line item ($4,000) in the 1995-96 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that .the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget. for this program and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Casket' noted the VACo/VIVIL/Legislative Day is scheduled for February 15, 1996 and the Board may wish to alter their meeting date for the month of February as it will .coincide with the conference. County Administrator Casket' reminded the Board that their Statements of Economic Interest are due in January of 1996. // Chairman Cofer called for Old Business. There was no old business offered for discussion by the Board. // Chairman Cofer called for New Business. Supervisor Bradshaw moved the Board appoint athree-member committee consisting of the County Administrator, County Attorney and one Board .member and that the County Administrator be directed to contact the Chairman of the Public Recreational Facilities Authority to request they appoint athree-member committee of their Authority to meet to discuss the pros and cons of continuing as an Authority. The motion was adopted unanimously (5-0). Supervisor Spady further moved the Board appoint the Chairman of the Board to serve on the committee. The motion was adopted unanimously (5-0). Chairman Cofer stated he has met with the Isle of Wight County Sheriff and the Town of Smithfield regarding 911 response time in the southern end of the County. Chairman Cofer further stated he will have a recommendation at the January 1996 meeting regarding joint service areas and response. 1 1 1 21 .•. eoeK 16 ~~-~•5?7 // Chairman Cofer called for Appointments. Supervisor Bradshaw moved the Board reappoint G. W. White, Jr. as the official tie breaker of the Board for an additional four-year term which will expire in January 2000. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Anne F. Seward to the Revenue and Finance Task Force to support the Southeastern Public Service Authority Intergovernmental Coordinating Committee. The motion was adopted unanimously (5-0). // Chairman Cofer called for approval of the November 16, 1995 minutes. Upon recommendation of County Attorney Crook, Supervisor Bradshaw moved the Board approve and adopt the November 16, 1995 minutes. The motion was adopted unanimously (5-0). // County Attorney Crook requested an executive session pursuant to Sections 2.1-344 Al, 3 and 7 of the Freedom of Information Act concerning consultation with staff and counsel regarding a personnel matter, advice of counsel relative to contract negotiations and acquisition and/or use of public property for public purposes. At 10:00 p.m., Supervisor Spivey moved the Board enter executive session for the reasons stated by .the County Attorney. The motion was adopted unanimously (5-0). Upon returning to open session at 10:30 p.m., Supervisor Bradshaw moved the Board adopt 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, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; 1 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 22 ..~ eooK 16 ~~~5~g 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 The motion was adopted unanimously (5-0). // Supervisor Spady moved the Board change the regulazly scheduled January 18,1996 meeting to January 10,1996 at 6:00 p.m. and authorize staff to advertise same. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board change the regularly scheduled February 15, 1996 meeting to February 8, 1996 at 6:00 p.m. and authorize staff to advertise same. The motion was adopted unanimously (5-0). The County Administrator was directed to request the attendance of Virginia Beach representatives to attend the Board's February 1996 meeting. // At 10:36 p.m., Supervisor Spivey moved the Board adjourn.. The motion was adopted unanimously (5-0). ~~ • W. Dou as skey, Cle ,. 1 r 1 ~~~~~ Malcolm T. Cofer, C airman 23