02-22-1996 Regular Meetingeo~K 16 ,,,:•5~5
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-SECOND DAY OF FEBRUARY IN
THE YEAR NINETEEN HUNDRED NINETY SIX
PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, Vice Chairman
O. A. Spady
Robert C. Claud
Malcolm T. Cofer
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Casket', County Administrator
Donald T. Robertson, Assistant to the
County Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradshaw called the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Cofer.
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Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO SUPPORT
FAMILY HEALTH DAY
WHEREAS, the Isle of Wight Citizens Association, in cooperation with
Obici Hospital and Riverside Regional Medical Center have coordinated
activities for Family Health Day in Isle of Wight County on May 4, 19%
..and,
WHEREAS, Family Health Day will greatly benefit the citizens of Isle
of Wight; and,
WHEREAS, this event will serve as a method of educating citizens
about health issues important to the entire family.
NOW, Tf-iEREFORE, BE TT AND IT IS HEREBY RESOLVID that the
Board of Supervisors of the County of Isle of Wight, Virginia supports
Family Health Day on May 4,.1996.
The motion was adopted unanimously (5-0).
Grace Keen accepted the resolution on behalf of the Isle of Wight
Citizens Association.
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Lieutenant Gary Falls with the Isle of Wight County Sheriffs office
explained that Russ C. Whitley was chosen from the names of 2,000
students submitted to the Governor's Office. for recognition in the DARE
program
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On behalf of the Board, Russ C. Whitley was presented the following
Certificate of Appreciation as an outstanding DARE student:
CERTIFICATE OF RECOGNI'T'ION
Presented to
RUSS C. WHITLEY
in recognition of his enthusiasm and willingness to help other students,
his assistance with the Isle of Wight County Sheriffs Office and his
recognition as an outstanding DARE student
Presented by the Board of Supervisors of the
County of Isle of Wight, Virginia
Awarded this twenty second day of February in the year
nineteen hundred and ninety six.
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Chairman Bradshaw indicated the following Consent Agenda included
Item 1, A-G, and asked if there were any items for removal:
A. Resolution Accepting Huntington Way and Buckingham Way -
Waterford Oaks Subdivision into the State's Secondary Road System
B. Proposed improvements to West Blackwater Road (Route 603)
between Antioch Road (Route 65'~ and Walters Highway (Route 258)
C. Volunteer Fire and Rescue Association
D. Delinquent Real Estate Tax Collection Monthly Report
E. December 21, 1995 Regular Meeting Minutes
F. January 10,1996 Regular Meeting Minutes
G. January 30, 1996 Called Meeting Minutes
There being no items requested by the Board members for removal,
Supervisor Spady moved the. Board approve all items of the Consenf
Agenda. The motion was adopted unanimously (5-0).
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Chairman Bradshaw called for Transportation Matters.
A. Draft Isle of Wight County Six-Year (1996-2002) Secondary
Improvement Priority Plan and Draft Isle of Wight County 1996-
1997 Secondary Construction Budget Priority Plan
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Supervisor Spady moved the Board authorize publication of notice for
a public hearing on the Draft Isle of Wight County Six-Year (1996-2002)
Secondary Improvement Priority Plan and the Draft Isle of Wight County
1996-1997 Secondary Construction Budget Priority Plan for the March
meeting of the Board. The motion was adopted unanimously (5-0).
B. Lawson Creek Lane
Sam Sizemore of Lawson Creek Lane urged the Board to consider
adding Lawson Creek Lane under the Rural Addition Program.
Mr. David stated the County has seven additional private roads
currently being processed for construction funds under the Rural Addition
ro ram.
Chairman Bradshaw requested Bryan David provide the Board
members with a status report on all seven private roadways currently being
processed for construction funds under the Rural Addition Pro~am and the
approximate cost to the County prior to the Board's March meeting.
R. L. Walker requested action be taken regarding trash removal along
the roadside on Route 602.
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation, advised he would take appropriate action to have the trash
removed from the roadside.
C. Poplar Drive - Rushmere Shores Subdivision
Supervisor Spady suggested the matter be placed. under the same
report for Lawson Creek and defer the matter to the March meeting.
Mr. David distributed correspondence dated February 15, 1996 from
MacFarland Neblett, Resident Engineer, VDOT, concerning a request by the
Walters Hunt Club for removal of NO PARKING signs on Route 641 (Bows
and Arrows Road) near the intersection with Route 648 (Ducktown Road).
Mr. David stated the analysis preformed by VDOT indicates it does not
recommend the removal of the NO PARKING signs at this time.
Chairman Bradshaw requested Mr. David follow-up on arranging a
meeting concerning Route 696 (Pruden Road).
In response to Supervisor Spady's inquiry about a swell in the
roadway on Route 704, Mr. Neblett replied the swell most likely has to do
with the freeze/thaw cycle incurred during the past winter storm.
Regarding ditch cleaning efforts in the Central Hill area, R. L. Walker
was requested by Chairman Bradshaw to contact Bryan David in the event
VDOT does not contact him to rectify. the problem by Friday.
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Chairman Bradshaw called for Citizens Comments.
Grace Keen advised the Board of a town meeting scheduled for March
5, 1996 at 7:00 p.m. in the Circuit Court Room sponsored jointly by the Isle
of Wight Republican Committee and Democratic Committee..
Richard McManus, representing the Christian Outreach Program, Inc.
spoke in favor of a youth oriented business development such as a roller
rink,. bowling alley, movie theater, etc. in the County to benefit youth.
Chairman Bradshaw requested Supervisor Bradby be the Board's
representative to make recommendations to the Board on the program.
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Chairman Bradshaw called for the Community Development report.
A. Application for permit to hold bingo games submitted by the
Isle of Wight County. Public Recreational Facilities Authority
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In response to .Supervisor Claud's inquiry on whether there were
plans to suspend bingo activities at the skating rink, Alan Nogiec, Director
of Public Parks and Recreational Facilities Authority, replied the Authority
is attempting to evaluate whether or not bingo is a lucrative activity for the
Authority. Mr. Nogiec stated the Authority would like to proceed with
renewing the permit so that when the evaluation is completed, the
Authority will not have to go through the permitting process again.
Supervisor Spady moved the Board approve the application. The
motion was adopted unanimously (5-0).
B. Subdivision plat of Barton's Landing, being the property. of E.
B. and Ann K. Barker, Route 673, Morgart's Beach Road, Hardy
Magisterial District
Supervisor Cofer moved the Board approve the extension of time for
six months for the recordation of the final subdivision plat of Barton's
Landing. The motion was adopted unanimously (5-0).
C. Isle of Wight County Geographic Information System (GIS)
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.Supervisor Spady moved the .Board adopt the following resolution
and authorize the County Administrator to execute the contract:
RESOLUTION TO APPROPRIATE FORTY SEVEN THOUSAND
FIVE HUNDRED DOLLARS
FOR THE ISLE OF WIGHT COUNTY
GEOGRAPHIC INFORMATION SYSTEM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has appropriated forty thousand dollars ($40,000) in the capital
budget for the .purchase of a Geographic Information System for the
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purpose of use .in the maintaining the E-911 address data base for the
digital and computerized. maintenance of land records and for other
applications including planning, zoning, economic development and public
utilities for the County of Isle of Wight; and,
WHEREAS, additional funds of forty seven thousand five hundred
dollars ($47,500) .need to be appropriated from the unappropriated fund
balance of the General Fund to the capital budget line item in the 1995-96
budget of Isle of Wight County for the purchase of a Geographic
Information System.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that forty
seven thousand five hundred dollars ($47,500) from the unappropriated.
fund balance of the General Fund be appropriated for the purchase of a
Geographic Information System to the capital budget item in the 1995-96
budget of the County of .Isle of Wight..
BE IT FURTHER RESOLVID 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).
D. Dredging of the Jones Creek Navigation Channel
Supervisor Cofer moved the Board authorize the County
Administrator to sign and forward a Letter of Intent to the Corps of
Engineers. The motion was adopted unanimously (5-0).
Supervisor Cofer further moved the Board authorize the County
Administrator to communicate to the County's congressional delegation the
status of the Jones Creek .dredging project and enlist their support and
assistance in securing. any federal funding which may be available. The
motion was adopted unanimously (5-0).
E. Proposed FY1996-2001 Capital Improvements Program (CIl')
Mr. David stated the School Board has completed an updated
demographic and facilities study and submitted to the Planning
Commission for consideration a proposed amendment to the FY1996-2001
CII' which addresses the Windsor Elementary School project and proposes
several other capital projects. Mr. David further stated the Planning
Commission voted with one abstention to recommend to the Board
approval of the proposed amendment as presented by the CIP
Subcommittee.
Supervisor Spady moved the Board accept the amendments to .the
CIP, as recommended by the Planning Commission. The motion was
adopted unanimously (5-0).
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Chairman Bradshaw called for the County Attorney's report.
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County Attorney Crook stated an agreement has been reached to
amend the agreement between the County and the City of Franklin
regarding the cost for treatment of sewage. County Attorney Crook stated
the Public Service Authority has approved the amendment and he needs the
Board of Supervisors to approve it and authorize the Chairman to sign on
behalf of the County.
Supervisor Cofer moved the Board approve the amendment and
authorize the Chairman to sign the amendment to the agreement. 'The
motion was adopted unanimously (5-0).
County Attorney Crook stated he had several matters for executive
session later in the meeting.
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Chairman Bradshaw called for the County Administrator's report.
Dr. Jane T. York, School Superintendent, requested funding in the
amount of $9,808,800 for the construction of a new Windsor Elementary
School to address overcrowding at the elementary and middle school levels.
Dr. York stated in the Fall of 1997, regardless of whether or not the funding
request is approved by the Board, the six grade will be moved to the
Windsor Elementary School in the existing mobile units to alleviate the
overcrowded rnnditions.
Supervisor Bradby stated that while he fully supports the public
school system, the County currently has an indebtness of $34,000,000 which
must be satisfied.. Supervisor Bradby suggested alternatives be explored
other than building a new school at this time.
Dr. York suggested the Board may wish, at this time, to only allocate
sufficient funds for the School Board to examine the cost of land acquisition
and testing of the site.
Supervisor Claud stated based on enrollment, there is a need in
Windsor for a new elementary school and with that school in place, the
Board could possibly delay the building of a second elementary school in
the northern part of the County. Supervisor Claud continued that while he
does support the concept of a new Windsor Elementary School he is also
concerned about the financing.
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Supervisor Cofer stated the need for a Windsor Elementary School is
present and the Board will be considering potential refunding options on
current bond indebtedness later this evening which will possibly preclude
the County from issuing any new bonded indebtedness this current
calendar year. Supervisor Cofer asked Dr. York what it .would cost to
examine options on property, conduct necessary testing to determine
potential sites and settle on a site.
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Dr. York replied approximately $300,000.
Supervisor Cofer stated he could support an allocation of $300,000
because if the Board decides not. to fund the school, the property can be
placed on the market for sale.
Chairman Bradshaw commended the School Board for their planning
efforts and their support of education in the County. Chairman Bradshaw
stated the proper facilities must be available and commended the schools'
faculties for being able to utilize the present facilities while still focusing on
quality education. Chairman Bradshaw stated he is concerned that the
present elementary .school will not hold up if .the project is delayed.
Chairman Bradshaw stated prior to this school year he was in favor of
delaying the project because of capital debt, but he now believes the Board
should move forward and authorize the necessary funds to perform the
initial design and secure the land.
Supervisor Claud moved the Board appropriate $300,000 to proceed
with. land acquisition, engineering and other tests associated with the
elementary school and direct staff to search for the funding sources and to
reference same in the resolution that will effectuate this action when it is
brought back to the Board at their March meeting. The motion passed. (3-2)
with Chairman Bradshaw and Supervisors Cofer and Claud voting in favor
of the motion and Supervisors Bradby and Spady voting against the
motion.
For the Board's information, County Administrator Caskey distributed
a report on the County's long-term debt schedule for the current fiscal year.
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At 7:00 p.m., Supervisor Cofer moved the Board amend the order of
the agenda to conduct the public hearings. The motion was adopted
unanimously (5-0).
Chairman Bradshaw called for a public hearing on the following:
A. The request of the City of Virginia Beach for a Conditional Use
Permit and amendment to the Resolution previously adopted by
the Board of Supervisors on December 3, 1987 for construction
of a 60-inch diameter pipeline to transmit up to 60 million
gallons per day of water from the Pea Hill Creek Branch of Lake
Gaston to the Norfolk raw water facilities discharging into Ennis
Pond Channel in the County of Isle of Wight. The request, if
granted, will not change the route of the proposed pipeline as
previously approved except that approximately two miles of the
pipeline route in the County of Isle of Wight from Ennis Pond
Channel to the boundary of the County and the City of Suffolk
will be deleted. The proposed pipeline would discharge water
into Ennis Pond Channel instead of conveying the water to the
Red Top area in the City of Suffolk, The discharge would
ufilize the same facilities approved by the aforesaid Resolution,
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but would involve more frequent discharges to Ennis Pond
'Channel than previously approved.
The proposed pipeline, if approved, will follow the abandoned
"Old Virginia Railroad" right-of-way for approximately 2.4 miles
from its crossing at the Blackwater River to the area. of Walters.
The City of Virginia Beach owns this former railroad property,
and the pipeline will be constructed in the center of the railroad
embankment upon which the rail line was located.
The proposed route leaves the railroad embankment ak the point
at which it meets existing raw water transmission lines operated
by the City of Norfolk (just east of Walters). From there, the
pipeline will follow adjacent to Norfolk's two raw water mains
for about 6.6 miles to Route 608 where the Norfolk water lines
discharge to Ennis Pond Channel directly upstream of the
railroad culvert.
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County Attorney Crook stated the City of Virginia Beach has applied
for a Conditional Use Permit to` amend the previous Conditional Use Permit
issued by the Board on December 3,1987 to change, in part, the route of the
water transmission line to utilize the Ennis .Pond Run Channel. County
Attorney Crook stated the City of Virginia Beach is also asking. for an
amendment to the resolution granting local consent adopted by the Board
on December 3, 1987.
Chairman Bradshaw requested those in favor of the request to speak.
Clarence Warnstaff, Director of Public Utilities/City of Virginia Beach,
appeared. Mr. Warnstaff stated the request is for approval of a Conditional
Use Permit for the pipeline facilities approved by the Board in 1987 and for
permission to amend the local consent for the pipeline project approved in
1987. Mr. Warnstaff stated the amendment will allow the City of Virginia
Beach the opportunity to terminate the pipeline in the County whereas the
County's previous approval was for a pipeline that ran completely throa~gh
the County. Mr. Warnstaff stated the total distance that the County
approved in 1987. was for a distance of eleven miles of buried pipeline,
including an aeration structure and a booster pump station with limited
discharge to the Ennis Pond Channel. Mr. Warnstaff stated the County
determined in 1987 that this project was in conformance with its
Comprehensive Plan. Mr. Warnstaff stated the City of Virginia Beach
currently proposes to build fewer facilities and not build two miles of
buried pipeline and the booster pump station with. its associated generator
support facilities and two five million gallon storage tanks. Mr. Warnstaff
stated the City of Virginia Beach does propose to terminate the pipeline in
the County just southeast of Windsor at the same location for water
discharge that has been used by the City of Norfolk. since the 1940's. Mr.
Warnstaff stated the first 2.4 miles of the pipeline lies within right-of-way
purchased by the City of Virginia Beach in an abandoned railroad right-of-
way. and the next 6.6 miles the City of Virginia Beach is attempting to
acquire easements from individual property owners. Mr. Warnstaff stated
from the pipeline termination in the County, the water would then flow
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into Ennis RunChannel for a distance of approximately 1.8 miles before
intersecting with Lake Prince. Mr. Warnstaff stated the impacts of the
project due to construction would be minimal and the erosion and sediment.
control must be approved by the Virginia Department of Soil and Water
Conservation and County staff. Mr. Warnstaff stated traffic impacts during
construction would also be minimal. Mr. Warnstaff stated all construction
vehicles must use public roads and construction in any one .given area
would last. only a few weeks. Mr. Warnstaff stated there would be no
temporary road closures in the County without prior approval of VDOT
and all cultivated areas would be restored to their original conditions,
including top soil and existing drainage ways. Mr. Warnstaff stated
impacts of the project after construction is completed would be extremely
small in that the operation of the Gaston project would have no effects
upon the health, safety or welfare of the residents of the County. Mr.
Warnstaff stated no residential or commercial land uses would be impacted.
by the operation of the facility. Mr. Warnstaff stated the City of Virginia
Beach is required under Federal law to submit the discharge to a number
of Federal regulatory agencies and the discharge has been reviewed and
approved by the U.S. Corps of Engineers, the Federal Energy Regulatory
Commission, the Virginia Department of Environmental Quality and the
Virginia Marine Resources Commission. Mr. Warnstaff stated the City of
Norfolk has been discharging into the Ennis Pond Channel since War World
II. Mr. Warnstaff stated the City of Virginia Beach has determined that the
amount of water introduced into the Ennis Run Channel by Norfolk
covered approximately 5.4 acres of land and the additional acres of land
covered by water due to Gaston pumping is approximately 7.4 acres for a
total of 12.8 acres. Mr. Warnstaff stated all of the area in the five-year flood
plain in the Ennis. Run Channel is declared by the U. S. Corps of Engineers
to be wetlands. Mr. Warnstaff stated from the railroad just above Route 636
to Lake Prince, owned by the City of Norfolk, there are thirty property
owners along Ennis Pond Channel and the City of Norfolk is attempting to
acquire easements for the discharge of their water. Mr. Warnstaff stated of
the thirty easements to be acquired along Ennis Pond Channel, twenty-one
easements have been obtained. Mr. Warnstaff stated for the nine miles of
buried pipeline, there are thirty-two property owners and the City of
Virginia Beach to date has been able to acquire thirty of these parcels. Mr.
Warnstaff stated the City of Virginia Beach is currently and will continue '
to work with the residents of the County to address their concerns. Mr.
Warnstaff stated by letter dated January 24, 1996 from the Virginia Beach
City Manager, James Spore, to County Administrator Caskey, the City of
Virginia Beach agrees to not exercise any authority with respect to land use
controls in the Ennis Pond Channel watershed without the consent of the
County. Mr. Warnstaff stated by letter dated February 12, 1996 from the
Virginia Beach City Manager, James Spore, to County Administrator
Caskey, stated the City of Virginia Beach agrees to fund improvements to
the culverts, which will improve the flow of water and improve conditions
in the Channel, at an approximate cost of $500,000 to the City of Virginia
Beach. Mr. Warnstaff stated the City of Virginia Beach and the City of
Norfolk are working to address the concerns and needs of the property
owners along the Channel and every effort is being made to reach a
voluntary settlement. Mr. Warnstaff stated the City of Virginia Beach. does
agree to continue working with the City of Norfolk and the County and
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with each affected property owner in the Ennis Run Channel to reach an
agreement -that satisfies each owner's concerns with respect to the project's
effect upon their property. Mr. Warnstaff stated in the event that the City
of Virginia Beach is unable to reach a voluntary accommodation, the City
of Virginia Beach will agree to implement the same process adopted by the
County in 1987 for acquisition of easements along the pipeline route via the
County hiring an independent appraiser to appraise the property to assure
what was being offered to the property owners was fair and reasonable.
Mr. Warnstaff stated the condition that the City of Virginia Beach would
pump a minimum of ten days per month would be satisfied virtually all the
time and the situation would be substantially better than under the current
condition, however, there are numerous .State and Federal permits and other
contractual obligations that establish the sole purpose of the Gaston project
is water supply and .the City of Virginia Beach cannot pump water for
purposes other than water supply or when it is not needed. Mr. Warnstaff
stated the City of Virginia Beach believes the operation of the project as
they intend to operate it will achieve the desired goal approximately 90%
of the time, but unfortunately the City of Virginia Beach cannot commit to
operate the project specifically for recreation or land enhancement without
being in conflict of existing permits or contract obligations. Mr. Warnstaff
stated in the City of Virginia Beach's discussion with the property owners,
the City of Virginia Beach agrees that upon the request of the property
owner impacted by increased water levels, Virginia Beach will have
removed at its expense any trees within the easement area that are dead
due to water to the extent permitted by Federal, State and local regulations.
Mr. Warnstaff stated the City of Virginia Beach agrees not to place
restrictions on the use of water from the Ennis Run Channel by adjacent
property owners for residential irrigation or other non-commercial use at
their residence.
Alan Nogiec, resident. of the Windsor area, appeared representing Mr.
and Mrs. Robert Matthews, Thomas Whitfield, the Williams-Brigg estate,
Mrs. Sherman Holland, the agent, Michael Blythe, Mr. and Mrs. James
Hager and himself. Mr. Nogiec stated for the record that he and the other
property owners he is representing are not .opposed to the project, nor are
they opposed to the Board granting the permit if and when the Board feels
comfortable that the results of the project will offer some benefits to County
residents. Mr. Nogiec stated he and the other property owners are
requesting six areas of concern which he had submitted to the Board by
letter be a part of the Conditional Use Permit Mr. Nogiec stated. as a result
of a meeting with .the City of Virginia Beach representatives he and the
other property owners are requesting that concern #2 be deleted because of
some of the legalities that the City of Virginia Beach must deal with. Mr.
Nogiec stated he .hopes there will be a period of refinement for the
agreement and he would ask that the County Attorney act on their behalf
in dealingwith the refinements, as long as the intent is maintained. Mr.
Nogiec stated the majority of the properly owners. he is speaking on behalf
of have not reached an agreement on their property with the City of
Virginia Beach.
Pete Green of Windsor spoke in support of the request because of
declining ground water supplies.
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Chairman. Bradshaw inquired if there were citizens who wished to
speak in opposition to the request.
Richard Slate of Walters spoke in opposition and urged the Board to
deny the request.
Richard Keeling of Fox Run Farm spoke in opposition and requested
the Board postpone a decision until everything is done in a proper and legal
manner. Mr. Keeling requested the Board allow every landowner in the
County to settle .with the City of Virginia Beach before approving the CUP.
Ewell Barr, President of the Roanoke River Basin Association, spoke
in opposition and urged the Board to fully explore and consider all of the
potential impacts of granting .the request. Mr. Barr stated the Roanoke
River Basin Association has contrary views on the matter and offered their
assistance should the Board wish to hear same. Mr. Barr stated the letter
from the City of Virginia Beach Manager giving the County assurances that
the City of Virginia Beach will not exercise any rights or authority it has in
the future over land uses in the County is unenforceable and not binding
on the Council of the City of Virginia Beach and the City of Virginia Beach
cannot give the County any .assurances for the City of Norfolk.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Chairman Bradshaw requested the County Attorney research the five
mile radius and environmental issues, as well as follow-up with the Federal
law regarding environmental impact.
Supervisor Bradby asked Mr. Warnstaff why the 1987 proposal before
the Board was changed to the existing request.
Mr. Warnstaff replied the original pipeline route decided in 1982
provided that it would extend through the County and connect the pipeline
to Norfolk's raw water pipelines in Suffolk. Mr. Warnstaff stated there
were initial concerns in the early 1980's by the City of Norfolk regarding the
mixing of the untreated water from Lake Gaston to the untreated. water in
Lake Prince. Mr. Warnstaff stated during the 1980's water quality data was
collected on the Norfolk raw water system and the Lake Gaston raw water
and concluded that by mixing the two. waters together there would be no
adverse impact to the Norfolk lakes. Mr. Warnstaff stated it was concluded
that it would be a much better operation to bring the water from Lake
Gaston into Lake Prince. Mr. Warnstaff stated the City of Virginia Beach
has estimated a cost savings of approximately $32,000,000 as a result of not
having to build the last eight miles of pipeline, the booster pump station
and storage tanks.
Supervisor Bradby asked Mr. Warnstaff if the project will have
anything to do with the transportation allocations. to the County regarding
the new culvert under Route 600.
Mr. Warnstaff replied that the City of Virginia Beach has offered to
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provide the full costs associated with design and construction and is not
asking the ~ County to fund any portion of .the construction costs. Mr.
Warnstaff stated the City of Virginia Beach's commitment to the County is
to provide the funding for those culvert improvements.
Supervisor Bradby stated during his tour last Tuesday he noticed that
the. water was approximately eighteen inches from the road surface on
Route 600. Supervisor Bradby stated the project will put. an additional
6,000,000 additional gallons of water through the Norfolk facility and Ennis
Pond Channel appears to be more of a stream to him than a channel.
Supervisor Bradby stated the Board cannot jeopardize the properties of
citizens of the County to accommodate the City of Virginia Beach.
Mr. Warnstaff stated the City of Virginia Beach does propose to add'
two new culverts under Route 600 and improve the existing culvert.
Supervisor Claud stated he was requested by a property owner to
advise him why survey crews were working on their property without their
permission which is situated downstream of the discharge point.
Supervisor Claud asked if the easements acquired by the City of Norfolk
also includes the additional flow from the City of Virginia Beach.
Mr. Warnstaff stated he was unable to address why crews were on
private property, but he would convey this to his counterpart in the City of
Norfolk. Mr. Warnstaff stated the City of Norfolk has been attempting to
acquire easements along the Ennis Run Channel for a number of years and
in the process of reviewing the easement that Norfolk was acquiring it was
concluded by the City of Virginia Beach that the amount of water being
introduced in the Channel by the Lake Gaston project fell within the
easement areas being acquired by the City of Norfolk Mr. Warnstaff stated
the City of Virginia Beach has a services contract with the City of Norfolk
and at the point of the water being discharged the City of Virginia Beach's
contract requires that the City of Norfolk receive the water and convey it
through their system. Mr. Warnstaff stated regarding Supervisor Claud's
question on whether the easement includes the Lake Gaston water, in the
City of Virginia Beach's view, it does.
Supervisor Spady asked if the figure for the total. number of flooded
acres has changed since the City of Virginia Beach will enlarge the culverts
under the roads.
Mr. Warnstaff replied "yes" that under the no rainfall condition the
12.8 acres drops by approximately one acre.
Supervisor Bradby,noted for the record that the Planning Commission
voted to recommend the Board of Supervisors deny. the request.
Supervisor Claud stated he would suggest .tabling consideration of the
matter to allow the Board additional time to consider the potential impacts
and in view of the fact that there are two property owners upstream of the
discharge point and nine property owners south of the discharge point who
have not yet reached an agreement with the City of Virginia Beach.
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Supervisor Claud offered for the Board's consideration that a condition be
placed prior to the request being granted that should the flow of the stream
exceed the easement boundaries laid out, then the property owners would
be properly compensated for such excess without them having to contest in
court.
Chairman Bradshaw recommended the Board establish a committee
prior to the next meeting to work with the City of Virginia Beach to work
out conditions and bring back a recommendation for the Board at their
March meeting. Chairman Bradshaw stated in those recommendations .the.
landowners' concerns should be addressed and, in the meantime, the
County Attorney can research the State and Federal governments' opinions.
Chairman Bradshaw stated conditions relative to the City of Norfolk should
also be addressed regarding the impact of the pipeline.
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Supervisor Claud moved the Board table .the matter until the March
meeting. The motion was adopted unanimously (5-0).
Supervisor Claud further moved that a committee be established
consisting of the County Attorney, County Administrator, the Director of
Public Utilities and Supervisor Claud and Chairman Bradshaw to work with
Virginia Beach to determine conditions for .the CUP and local consent
agreement and bring back recommendations at the Board's March meeting.
The motion was adopted unanimously (5-0).
//
At 8:20 p.m., Supervisor Cofer moved the Board take aten-minute
recess. The motion was adopted unanimously (5-0).
//
Upon returning to open session at 8:35 p.m., Chairman Bradshaw
called for the continuation of the public hearings.
B. The application of Samuel H. Warren, owner and W. H. Owney,
prospective owner, for a change in zoning classification from A-
1, Agricultural Limited to Conditional R-A, Conditional Rural
Residential, approximately 2.5 acres of land located on the north
side of Burwells Bay Road (Route 621) at the intersection with
Moonlight Road (Route 62~ in Hardy Magisterial District. The
purpose of the application is for one (1) rural residential lot.
Chairman Bradshaw called for citizens to speak in favor or in
opposition to the proposed application.
Waverly Owney requested the Board's approval of his application.
Upon no one else appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Bradby moved the Board approve the application of
u
13
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Samuel H. Warren, as proffered by the applicant. The motion was adopted
unanimously (5-0).
.~
C. The application of K. George Kantsios (t/ a Mega'dors) to amend
Conditional M-1, Conditional Industrial Limited zoning of 2.715
acres of land located at 15221 Carrollton Boulevard (Route 17)
in Newport Magisterial District. The purpose of the application
is to allow certain business and industrial uses as conditioned.
Chairman Bradshaw called for .citizens to speak in .favor of or in
opposition to the proposed .application
Attorney William Riddick stated he represented the applicant. Mr.
Riddick stated Mr. Kantsios desires to construct a building consisting of ten
separate units for rental space with the condition that these uses would not
be permitted unless Mr. Kantsios built the building that he has proposed.
Mr. Riddick stated the application is conditioned upon approval of the site
plan by County staff, Mr. Kantsios agrees to construct a turn lane if deemed
necessary by VDOT and Mr. Kantsios has agreed to limit his signage to one
sign identifying plates for the individual businesses.
Upon no one else appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
1
Supervisor Spady moved the Board approve the application of K.
George Kantsios for the amended conditions dated February 13,1996. The
motion was adopted unanimously (5-0).
D. The application of J. B. Whitmore for a change in zoning
classification from A-1, Agricultural Limited to R-A, Rural
Residential, approximately five (5) acres of land located on the
south side of Mill Swamp Road (Route 621) between Modest
Neck Road (Route 625) and Stallings Creek Drive (Route 680) in
Hardy Magisterial District. The purpose of the application is for
a rural residential lot.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed. application.
Attorney William Riddick appeared on behalf of the applicant. Mr.
Riddick stated because of the road frontage requirements the lot could not
be resubdivided and requested the Board's favorable consideration of the
rezoning request.
Upon no one else appearing, Chairman Bradshaw closed the public
hearing .and called. for comments .from the Board.
Supervisor Bradby moved the Board approve the application of J. B.
Whitmore. The motion. was adopted unanimously (5-0).
E. The application of B & J Land Development Corporation and
Smithfield Apartments Corporation for a change in zoning
14
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classification from A-2, Agricultural General and B-1, Business
General, to Conditional M-1, Conditional Industrial Limited,
approximately five (5) acres of land located on the east side of
Courthouse Highway (Route 258) between Smtt's Factory Road
(Route 620) and the Town Limits of Smithfield, in Newport
Magisterial District. The purpose of the application is for mini-
storage warehousing.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Attorney Robert Jones appeared on behalf of .the applicants. Mr. Jones
stated since the Planning Commission meeting an additional proffer .has
been added relative to appropriate screenage along the Courthouse
Highway.
Upon no one else appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Cofer moved the Board approve the application of B & J
Land Development Corporation with the conditions proffered including
those added on February 9, 1996, by letter. The motion was adopted
unanimously (5-0).
F. The application of Smithfield Apartment Corporation for a
Special Use Permit to utilize the existing residence located at
12607 Courthouse Highway (Route 258) in Newport Magisterial
District as an office in addition to residential use.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Attorney Robert Jones appeared on behalf of the applicant..
Upon no one else appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Bradby moved the Board approve the application of
Smithfield Apartment Corporation, as proffered. The motion was adopted
unanimously (5-0).
G. An Ordinance to Regulate Smoking in Specified Public Places in
Isle of Wight County, Virginia.
Chairman Bradshaw called .for citizens to speak in favor of or in
opposition to the proposed ordinance.
County Attorney Crook stated the ordinance as advertised complies
with the State statute and the provisions included are mandatory with the
exception of Section 1, #6, "Other Public Places". County Attorney Crook
stated because "other public places" is such a broad term it is very difficult
to define what are public places. County Attorney Crook stated he suggests
1
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15
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the Board delete #6 under Section I if the Board chooses to adopt the
ordinance. "
Mary Catherine Foster of Peanut Drive and Nell Cyr of Fire Tower
Road, and other employees of the Social Services Department, spoke in
favor of the proposed ordinance..
Ludford T. Creef, III, Director of Public Works, spoke in favor of the
ordinance.
Upon no one else appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board. .
Supervisor .Claud stated second hand smoke is a major health problem
and the Board should take into account these. employees are being affected
by the second hand smoke and .the County is contributing to their health
insurance. .Supervisor Claud stated he would suggest adding County
vehicles and buildings owned or leased by .the County.
1
County Attorney Crook stated the County owns buildings and the
Board as the governing body can adopt a policy which prohibits smoking.
in County-owned buildings. County Attorney Crook stated the proposed
ordinance deals with the whole County and the situations described in the
ordinance and must comply with State law, however, he believes the Board
needs a separate policy to cover the County-owned buildings and vehicles
and leave the ordinance to cover the County as a whole.
Supervisor. Cofer moved the Board adopt the following Ordinance as
presented with the deletion of #6 under Section I:
AN ORDINANCE TO REGULATE SMOKING
IN SPECIFIED PUBLIC PLACES
IN ISLE OF WIGHT COUNTY, VIRGINIA
WHEREAS, smoking is a major health. problem and is one of the
leading causes of diseases and chronic disabilities; and,
WHEREAS, the General Assembly of Virginia by an Act or Acts,
embodied in Title 15.1, Chapter 8.1 of the Code of Virginia has authorized
counties, cities and towns to .adopt ordinances to regulate smoking as
therein defined; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it in the best interests of all of the citizens of the County of
Isle of Wight, Virginia, to adopt an ordinance to regulate smoking in public
places.
THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia as follows:
16
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It is unlawful for anyone to smoke in any of the #ollowing
places in Isle of Wight County, Virginia:
1. Elevators, regardless of capacity;
2. Common areas in an educational facility, including, but
not limited to, classrooms, hallways, auditoriums, and public meeting
rooms;
3. Any part of a restaurant designated a "no-smoking" area
pursuant to the provisions of this ordinance;
4. School buses and public conveyances;
5. Rooms in which a public meeting or hearing is being held;
motion 2 -Exceptions
The provisions of this Ordinance shall not be construed to regulate
smoking in:
1. Conference or meeting rooms, and public assembly rooms when
not opened to the public;
2. Office or work areas which are not entered by the general public
in the normal course of business or use of the premises;
Any person who owns, manages, or otherwise controls any building
or area in which smoking is regulated by this ordinance shall post in an
appropriate place, in a clear, conspicuous, and sufficient manner, "Smoking
Permitted" signs, "No Smoking" signs, or "No-Smoking Section Available"
signs.
Section 4 -Penalty
A. There is hereby imposed a civil penalty of not more than $25 for
violation of any provision of this ordinance.
B. No person shall smoke in a designated no-smoking area and any
person who continues to smoke in such area after being asked to refrain
from smoking may be subject to a civil penalty of not more than $25.
C. Any law enforcement officer may issue a summons regarding
the violation of this ordinance.
Section 5 -Construction of Ordinance
This ordinance shall not be rnnstrued to permit smoking where it is
otherwise prohibited or restricted by other applicable provisions of law.
1
1
17
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The motion was adopted unanimously (5-0).
1
Supervisor Cofer further moved the Board direct the County Attorney
to bring back a County policy regulating smoking on County property and
in County vehicles. The motion was adopted unanimously (5-0).
//
Supervisor Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for the continuation of the County
Administrator's section.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY THREE
THOUSAND THIlZTY SEVEN DOLLARS FROM THE
COMMONWEALTH OF VIRGINIA FOR GRANT PROGRAMS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has available State grants for grant programs; and,
ii
L~'
WHEREAS, the funds in the amount of twenty three thousand thirty
seven dollars ($23,03 need to be appropriated to the grant fund in the
1995-96 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that twenty
three thousand thirty seven dollars ($23,03 be appropriated to the
following line items in the 1995-96 budget of the County of Isle of Wight,
Virginia:
Drug Free Schools and Communities Act $18,237
Touring Assistance 4,800
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 things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
Vincent Doheny, Executive Director, Western Tidewater Community
Services Board, requested the Board approve. a document .entitled
"Principles to Guide and Operational Concepts For Virginia's Publicly
Funded h~1SAS Services". Mr. Doheny stated. he is attempting to
integrate .the system into a single system in which the control will be vested
in the localities and the monies funneled through the forty community
service boards who would buy services from the State, mental health,
18
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hospitals and the training facilities.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ENDORSE PRINCIl'LES TO GUIDE AND
OPERATIONAL CONCEPTS FOR VIRGINIA'S
PUBLICLY FUNDED NIRNII iSAS SERVICES
WHEREAS, a .coalition of organizations including the Virginia
Association of Community Services Boards, Virginia Alliance for the
Mentally Ill, Virginia Mental Health Association, and Virginia Mental
Health Consumers Association have worked together to develop principles
and concepts that should serve as the foundation for the future system of
publicly-funded Mental Health, Mental Retardation, and Substance Abuse
Services (M[-IlViRSAS) in Virginia; and,
WHEREAS, the adherence to such principles and concepts is necessary
to ensure the provision of quality MI-BVIRSAS services to the target
populations which historically have been served with public funding.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID that the
Board of Supervisors of the County of Isle of Wight, Virginia endorses the
Principles to Guide and Operational Concepts for Virginia's Publicly-
Funded IV'IlZMI~3SAS Services and supports the implementation of said
principles and concepts.
The motion was adopted unanimously (5-0).
John Nelms, Chairman, Isle of Wight Parks and Recreational Facilities
Authority, requested the Board restore to the budget the $60,000 for capital
improvements to confinue the Nike Park renovation effort. Mr. Nelms
stated the Authority is requesting funds now so that when the weather
breaks the Authority can have the park repairs completed for use by the
public. this year.
Supervisor Bradby moved the Board approve the request in the
amount o~ $60,000. The motion passed (4-1) with Supervisors Claud, Cofer,
Spady and Bradby voting in favor of the motion and Chairman Bradshaw
voting against the motion.
The Board concurred with the request of the Board of Directors of the
Recreational Facilities Authority for a joint meeting on March 6, 1996 at 9:00
a.m. to discuss issues and concerns of the Authority with the Board.
County Administrator Caskey stated that included in the agenda is
correspondence from the Suffolk City Manager proposing that the County
and the City initiate discussions relative to the feasibility of the City of
Suffolk and the County jointly providing water resources and service within
the Routes 10 / 17/460 areas.
Supervisor Cofer moved the Board authorize the County
Administrator, County Attorney and Director of Public Utilities to initiate
19
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discussions. The motion was adopted unanimously (5-0).
1
County Administrator Caskey stated that included in the agenda for
the Board's consideration is the 1995-96 Local Government -State
Government Cooperative Agreement for Health Department .services.
Supervisor Spady moved the Board approve the 1995-96 Local
Government -State. Government Cooperative Agreement and authorize the
sum of $21,509, representing unmatched and year-end adjustment funds, be
applied to certain renovations at the Health Department subject to the
County Attorney's approval of the form of the agreement. The motion was
adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE SEVEN THOUSAND DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL
FUND FOR LEASE PAYMENTS FOR THE COUNTY FAIR SITE
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia is engaged in a lease agreement for the County Fair site; and,
1
WHEREAS, the funds in the amount of seven thousand dollars
($7,000) need to be appropriated from the unappropriated fund balance of
the General Fund for lease payments for the calendar years 1995 and 1996
for the County Fair site.
NOW, THEREFORE, BE IT .AND IT TS HEREBY RESOLVED by .the
Board of Supervisors of the County of Isle of Wight, Virginia that seven
thousand dollars ($7,000) from the unappropriated fund balance of the
General Fund be appropriated for lease payments for the County Fair site
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
acrnunting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
Richard Percey Pierce, Tidewater Model Soaring Society, requested
permission from the Board for the Tidewater Model Soaring Society to
operate radio. controlled model sailplanes periodically. on the adjoining
County fair site.
1
Supervisor Spady moved the Board table the matter until the March
meeting and that the matter be referred to the County Attorney for his
review and recommendation. The .motion was adopted unanimously (5-0).
County. Administrator Caskey presented a request from the Sheriff
relative to a grant application involving the Virginia Division of .Motor
Vehicles. Mr. Caskey. stated the Sheriff is requesting the Board consider
20
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appropriating $5,000 in local funds to match the State grant as a local match
would improve his ability to secure grant funding in the future.
Donald T. Robertson, Assistant to the County Administrator, stated
the funds would be used to set up sobriety checks, for selective enforcement
and normally covers overtime hours for deputies.
Supervisor Spady stated he would prefer to apply $5,000 towards a
matching fund grant.
Supervisor Cofer moved the Board table consideration of the
Resolution to Appropriate $5,000 for the Sheriff's Office to Conduct Police
Traffic Services for sixty days during the budget process. The motion was
adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWO THOUSAND DOLLARS FROM
THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND
FOR PARTICIl'ATION COSTS IN THE VIRGINIA CIVIL WAR TRAIL
PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved participation costs for the Virginia Civil War Trail
Program; and,
WHEREAS, the funds in the amount of two thousand dollars ($2,000)
need to be appropriated from the unappropriated fund balance of the
General Fund for participation costs in the Virginia Civil War Trail
Program.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that two
thousand dollars ($2,000) from the unappropriated fund balance of the
General Fund be appropriated for participation costs in the Virginia Civil
War Trail Program to the Tourism Bureau line item 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 and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE SEVEN THOUSAND FOUR
HUNDRED NINETY DOLLARS FOR EXTERIOR SIDING FOR THE
WOOD FRAME OFFICE ANNEX
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
1
21
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Virginia has authorized the purchase of vinyl siding for the wood frame
office annex at the Isle of Wight County Complex; and,
1
WHEREAS, the funds will need to be appropriated from the
unappropriated fund balance of the General Fund in the amount of seven
thousand four hundred ninety dollars ($7,490) for the purchase and
installation of vinyl siding for the wood frame office annex at the Isle of
Wight County Complex.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of .Isle of Wight, Virginia that seven
thousand four hundred ninety dollars ($7,490) from the unappropriated
fund balance of the General Fund be appropriated for. the purchase and
installation of vinyl siding for the wood frame office annex at the Isle of
Wight County Complex to the Buildings and Grounds line item 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-%
budget. and to do all things necessary to give. this resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
1
RESOLUTION TO APPROPRIATE TWO THOUSAND ONE HUNDRED.
TWENTY THREE DOLLARS FROM THE UNAPPROPRIATED FUND
BALANCE OF THE GENERAL FUND FOR. SHELVING AT THE .POOR
HOUSE FARM STORAGE FACILITY
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has .approved a request to purchase shelving for the Poor House
Farm Storage Facility; and,
WHEREAS, the funds in the amount of two thousand one hundred
twenty three dollars ($2,123) need to be appropriated. from the
unappropriated fund balance of the General Fund for the purchase of
shelving for the Poor House Farm Storage Facility.
1
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that two
thousand one hundred twenty three dollars ($2,123) from the
unappropriated fund balance of the General Fund be appropriated for the
purchase of shelving for the Poor House Farm Storage Facility to the
Buildings and Grounds Equipment line item 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
aooounting adjustments in the budget and to do all things necessary bo give
this resolution effect.
22
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The motion was adopted unanimously (5-0).
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO AUTHORIZE THE DEVELOPMENT AND
SUBMISSION OF A GRANT APPLICATION AND TO
ACCEPT AND APPROPRIATE TWENTY-FIVE THOUSAND DOLLARS
OR SO MUCH AS SHALL BE RECEIVED FROM THE
COMMONWEALTH OF VIRGINIA, CHESAPEAKE BAY
LOCAL ASSISTANCE DEPARTMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, has authorized the development, submission and receipt of a grant
from the Commonwealth of Virginia, Chesapeake Bay Local Assistance
Department for the Chesapeake Bay Preservation Act Program; and,
WHEREAS, the funds in the amount of twenty-five thousand dollars
($25,000) or so much as shall be received from the Commonwealth of
Virginia, Chesapeake Bay Local Assistance Department need to be
appropriated to the Chesapeake Bay Preservation Act Program line item in
the 1996-97 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 twenty-
five thousand dollars ($25,000) or so much as shall be received from the
Commonwealth of Virginia, Chesapeake Bay Local Assistance Department
be appropriated in the 1996-97 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 was adopted unanimously (5-0).
Anne F. Seward, Director of Budget and Finance, stated the County
has a potential refunding option of two previously issued bond issues
which can potentially provide a savings of $365,000 over the course of the
fourteen years remaining on this debt of which $114,000 would be
recognized over the course of the next fiscal year, thereafter between
$12,000 and $20,000 every year. Ms. Seward stated this estimate is based
on the assumption that the County designate these refunding bonds as
"bank qualified" .which would require that the County not issue more than
$10,000,000 of debt over the course of this calendar year. Ms. Seward stated
the estimate is subject to change because it is relative to the market interest
rate and therefore the potential savings could. increase or decrease
depending on same. Ms. Seward stated should the Board choose to pursue
this option the County would be required to submit an application to the
State Council on Local Debt by March 6, 1996. Ms. Seward stated the
application would not obligate the County to issue these bonds, rather it
would make it available for the County to pursue if desired.
n
1
23
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Supervisor Cofer moved the Board authorize the County
Administrator to submit an application to the State Council on Local Debt
for the refunding of 1990 and 1991 bonds. for a potential savings of
approximately $350,000. The motion was adopted unanimously (5-0).
1
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE EIGHTEEN THOUSAND DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE
GENERAL FUND FOR ENHANCEMENTS TO THE
DATA PROCESSING SYSTEM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has purchased a new data processing system; and,
WHEREAS, the funds in .the amount of eighteen thousand dollars
($18,000) need to be appropriated from the unappropriated fund balance of
the General Fund for needed enhancement to the data processing system for
the fiscal year 1995-96.
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 dollars ($18,000) from the unappropriated fund balance of the
General Fund be appropriated for needed enhancements tv the data
processing system 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 and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey noted a recent meeting with Franklin
City officials and Union .Camp officials relative to water resources to
investigate the feasible alternatives to a water supply source to_serve the
southern end of the .County, the City of Franklin and the Union Camp
Corporation. Mr. Caskey stated that included in the agenda is a draft RFP
to be jointly issued by the County and the City of Franklin to be distributed
to the engineering community for the intent of procurement of professional
services to investigate alternatives available for a water source.
Supervisor Cofer moved the .Board. authorize the County
Administrator and County Attorney to develop an RFP for consulting
services relative to water sources as recommended by the County
Administrator. The motion was adopted unanimously (5-0).
1
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO DECLARE
A LOCAL EMERGENCY
24
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WHEREAS, due to the snow and ice .storm which occurred on
February 2-3, 1996; and,
WHEREAS, due to the ongoing financial hardship caused to the
community's citizens and business, the proclamation of an emergency is
necessitated; and,
WHEREAS, Section 44146.21 of the Code of Virginia provides for the a
declaration of local emergencies; and,
WHEREAS, the Isle of Wight County Board of Supervisors has
approved an Emergenry Operations Plan. .
NOW,. THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia does consent
to the declaration of a local emergency.
BE IT FURTHER RESOLVED that during the existence of said
emergency the powers, functions, and duties of the Director of Emergency
Services for the County of Isle of Wight and other local officers and
employees having emergency responsibilities shall be those prescribed by
the Plan and all applicable State and Federal law; and,
BE IT FURTHER RESOLVED that this resolution is effective this date,
and shall remain in effect until rescinded by the Board of Supervisors as
provided by law.
The motion was adopted unanimously (5-0).
County Administrator Caskey presented a request from the Isle of
Wight Parks and Recreational Facilities Authority to use the Courthouse
Complex for an Annual Easter Egg Hunt.
Supervisor Spady requested the County Administrator advise .the
Authority of the Board's permission to hold the event.
County Administrator Caskey presented for the Board's information
a financial report from the 1995 County Fair.
County Administrator Caskey presented for the Board's information
a report from the United States Department of Agriculture, Rural Economic
Community Development Division, relative to their plans to vacate a
portion of the Public Services Building.
County Administrator- Caskey noted the budget calendar presented to
the Board at their January meeting calls for a work session on March 18,
1996.
Supervisor Cofer moved the Board set a work session on March 18,
1996 at 3:30 p.m. for budget discussion. The motion was adopted
unanimously (5-0).
1
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25
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County Administrator Caskey stated he understands from the Board
that there should be a work session conducted on the draft Comprehensive
Zoning Ordinance to provide the Board a detailed briefing of the
Ordinance. Mr. Caskey stated he and Bryan .David will prepare a
recommended working schedule for the Board's March meeting concerning
the draft Comprehensive Zoning Ordinance.
//
Chairman Bradshaw called for Old Business.
There was no old business offered for discussion by the Board. .
//
Chairman Bradshaw called for New Business..
There was no new business offered for discussion by the Board.
//
Chairman Bradshaw called for Appointments.
1
Supervisor Bradby moved the Board appoint Otis Farmer to replace
Betty Olsen representing the Hardy District on the Commission on Aging
whose term will expire in February of 1997. The .motion was adopted.
unanimously (5-0).
Supervisor Claud moved the Board appoint W. L. Jones representing
the .Windsor .District on the Board. of Building Appeals whose term will
expire in February of 2001, replacing Stanley Turner. The motion was
adopted unanimously (5-0).
Supervisor Claud moved the Board appoint Supervisor Cofer to
replace Joel C. Bradshaw, Jr. as the Board's voting member on the
Smithfield-Isle of Wight Chamber of Commerce. The motion was adapted
unanimously (5-0).
Supervisor Claud moved the Board appoint Gracie Porter representing
the Windsor District on the Commission on Aging for an additional three-
year term whose term will expire in April of .1998. The motion was
adopted unanimously (5-0).
1
Supervisor Claud moved the Board appoint Dorothy G. Gwaltney
representing the Windsor District on the Historical Architectural Advisory
Committee to replace W. E. Garrison whose term will expire in September
of 1996. The motion was adopted .unanimously (5-0).
Supervisor Claud moved the Board reappoint Wesley Ray Holland
representing the Windsor District on .the Planning Commission for afour-
year term whose term will expire in February of 2000. The motion was
adopted unanimously (5-0).
26
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Supervisor Claud moved that he be appointed to serve as a
replacement for Steve W. Edwards on the Transportation Safety Committee
whose term expires in December of 1996. The motion was adopted
unanimously (5-0).
Supervisor Cofer moved the Board reappoint. Robert W. Manly
representing the Smithfield District on the Planning Commission for an
additional four-year term whose term will expire in February of 2000. The
motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board appoint James Wesley Brown
representing the Smithfield District on the Wetlands Board whose term will
expire in February of 2001, replacing Fred Barrett. The motion was adopted
unanimously (5-0).
Supervisor Bradby moved the Board appoint Stanley Turner
representing the Hardy District on the Board of Building Appeals for afive-
year term whose term will expire in February of 2001, 'replacing Edward R.
Holdsworth, Jr. The motion was adopted unanimously (5-0).
Supervisor Bradby moved the Board reappoint Bobby A. Bowser
representing the Hardy District on the Planning Commission for an
additional four-year term whose term will expire in February of 2000. The
motion was adopted unanimously (5-0).
Chairman Bradshaw moved the Board reappoint Sandra Freeman for
a one-year term to the Southeastern. Tidewater Opportunity Project which
will expire in January of 1997. The motion was adopted unanimously (5-0).
County Attorney Crook stated the County's Committee appointed
under the Comprehensive Services Act is requesting the Board appoint the
replacement for the prior Director of Budget and Finance so that the
applications for reimbursement are processed properly and that finances,
monies received and disbursed by the Committee are properly accounted
for.
Ms. Seward stated many other localities utilize their Social Services
financial director in this capacity and suggested the Board may wish to
appoint other parties engaged in fiscal and financial management stating
her duties as the County's Budget and Finance Director were already
extensive and very time demanding.
County Attorney Crook stated the Board may wish to hear from the
Comprehensive Services Act Committee before acting on the matter as they
had requested the appointment of the County's Budget and Finance
Director.
The Board concurred that the matter could be tabled until the next
meeting of the Board.
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County .Attorney Crook requested an executive session pursuant to
Sections 2.1-344 Al and 7 of the Freedom of Information. Act concerning
advice of counsel concerning actual or probable litigation, consultation with
staff and counsel concerning several personnel matters and advice of
counsel relative to a contractual agreement.
At 10:00 p.m., Supervisor Spady 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 10:33 p.m., Supervisor .Claud
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;.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies. that, to the best of each member's knowledge, (i) only public
business matters .lawfully exempted from open meeting. requirements by
Virginia law were discussed in the executive meeting to which this
certification resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were heard,
discussed or considered by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted unanimously (5-0).
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At 10:35 p.m., Supervisor Cofer moved the Board continue its meeting
to 3:30 p.m., Monday, February 26, 1996. The .motion was adopted
unanimously (5-0).
Phi A. Bradshaw, Chairman
W. Dougl skey, Cle
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