05-16-1996 Regular Meetingeon 16 ~.: -f-~6
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY OF MAY 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 Bradby.
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Supervisor Spady moved the Board adopt the following .resolution
commending Theodore Hardison:
RESOLUTION TO COMMEND T. M. HARDISON
AND TO DESIGNATE MAY 19-25, 1996
AS HOLLAND DISTRICT RURITANS WEEK
WHEREAS, the Holland District Ruritans have served the Isle of
Wight community since their founding in 1928; and,
WHEREAS, Ruritan National had its beginning on May 21,1928, by
community leaders in neighboring Holland, Virginia; and,
WHEREAS, T. M. Hardison of Isle of Wight County has served as
President of the Zuni Ruritan Club, Governor of Zone V, and is currently
serving as Governor of the Holland District Ruritans; and,
WHEREAS, in 1990 T. M. Hardison was recognized as the
Outstanding Lt. Governor of Zone V and received the Holland District
Outstanding Family of the Year Award; and,
WHEREAS, during the past 68 years, Ruritan has grown to an
organization of 2,500 members and 67 clubs in Southeastern Virginia; and,
WHEREAS, there are 12 Ruritan Clubs and approximately 400
Ruritans in Isle of Wight County; and,
WHEREAS, Ruritan under its motto: Fellowship, Goodwill, and
Community Service has made substantial contributions to the well-being of
the citizens of this county and of the nation.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that T. M.
Hardison be commended for his leadership and the week of May 19 - 25,
1996 is designated as Holland District Ruritans Week.
The motion was adopted unanimously (5-0).
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Chairman Bradshaw indicated the Consent Agenda included Item I,
A through G, and asked if there were any items for removal:
A. Status Report of Jones Creek No Wake Zone
B. Resolution to Appropriate $2,601.37 From the Unappropriated.
Fund Balance of the General Fund for Overtime Compensation
C. Establishment of Investment Policies for Isle of Wight County
D. Delinquent Real Estate Tax Collection Monthly Report
E. April 2, 1996 Continued Meeting Minutes
F. April 18, 1996 Regular Meeting Minutes
G. April 29, 1996 Continued Meeting Minutes
There being no items requested by the Board members for removal,
Supervisor Claud. moved the Board approve all items of the Consent
Agenda. The motion was adopted unanimously (5-0).
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Supervisor Cofer moved the Board amend the regular order of the
agenda to hear Item 3, Citizens Comments. The motion was adopted
unanimously (5-0).
Edward Hall, speaking on behalf of the Windsor Town Council,
requested the Board allocate $3,000 hom the unappropriated fund balance
for a permanent facility in Windsor to accommodate entertainment for
special events.
Supervisor Claud moved the Board allocate $3,000 for the construction
of a facility in Windsor for special events. The motion was adopted
unanimously (5-0).
Grace Keen requested the Board's endorsement in naming the senior
center at Nike Park the Mary Wells Senior Building in honor of Mary Wells,
deceased.
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Supervisor Bradby moved the Board support the request of Grace
Keen in naming the senior center at Nike Park in memory of Mary Wells.
The motion was adopted unanimously (5-0).
James W. Jones of Windsor appeared regarding concerns with the
Lake Gaston pipeline installation.
Chairman Bradshaw requested Mr. Jones to contact the County
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Attorney to address his concerns.
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. Supervisor Cofer moved the Board amend the order of the agenda to
hear Item 7B under Old Business. The motion was adopted unanimously
(5-0).
The request of the City of Virginia Beach for a Conditional Use Permit
and amendment to the Local Consent Agreement previously adopted
by the Board of Supervisors on December 3,1987, for construction of
a pipeline sixty (60) inches in diameter to transmit a maximum of
sixty million (60,000,000) gallons of water per day from the Pea Hill
Creek Branch of Lake Gaston to the City of Norfolk raw water
facilities discharging into Ennis Pond Channel in the County of Isle
of Wight (Tabled 2/22/96, 3/21/96 and 4/18/96).
County Attorney Crook stated negotiations have been ongoing with
the subcommittee of the Board and the City of Virginia Beach to resolve the
concerns of the County and to attempt to resolve the concerns of those
citizens who border the Ennis Mill Run stream. Mr. Crook further stated
the City of Virginia Beach has met all requests of the County and nine,
possibly ten of the fourteen landowners who had not previously agreed on
the compensation for the easements have settled with the City of Virginia
Beach. Mr. Crook stated .reasonable offers have been made to the
landowners and the demands of the remaining landowners are not
unreasonable which he believes can be negotiated within a short time. Mr.
Crook stated he did not believe condemnation would be necessary in any
case. Mr. Crook reviewed for the Board the agreement that the City of
Virginia Beach shall not exercise any powers it may have under any statute,
law or regulation, including, without limitation, Virginia Code Section 15.1-
292 or any amendment thereto, or any successor statute, to prevent
pollution of water in Ennis Pond Channel except with the expressed consent
of the County; that the City of Virginia Beach will pay the cost of
constructing and maintaining improvements to the Ennis Pond Channel
culverts, i.e., Routes 636, 460 and 600; that the City of Virginia Beach will
operate the project in such a manner as to minimize fluctuations in the
water level of Ennis Mill Channel; that the City of Virginia Beach has
agreed upon the request of any property owner at its sole expense to
remove any trees within the Ennis Mill easement area which have died as
a result of inundation by water; that the City of Virginia Beach will not
restrict the use of water hom Ennis Pond Channel by adtacent property
owners for the purpose of residential irrigation or similar non-commercial
uses of residences; that the maximum amount of water the City of Virginia
Beach will transmit through Ennis Mill Channel is 60,000,000 gallons of
water per day; that the City of Virginia Beach will pay fair and just
compensation to any person for any damages to his/her personal property
resulting from the discharge of water from the Ennis Mill Channel by the
City of Virginia Beach or the City of Norfolk; that all claims will be
submitted to and resolved by an impartial third party designated by
agreement of the City of Virginia Beach and the County; that the City of
Virginia Beach shall acquire appropriate easements to accommodate the
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flooding caused by the simultaneous combination of a rainfall event
equivalent to a statistical five-year storm and the discharge of water
through Ennis Pond Channel by the City of Norfolk and the operation of
the Lake Gaston project; that the City, of Virginia Beach shall not withdraw
or reduce the monetary amount of any offer it has tendered for the
acquisition of any easement; that the City of Virginia Beach has agreed at
all times to continue to cooperate closely with the County Attorney and all
negotiations concerning such acquisition; that the City of Virginia Beach
shall pay to the County the sum of $2,240,000 which sum shall be used by
the County for the protection or enhancement of water quality within the
watersheds of Ennis Pond Channel, .Burnt Mill Reservoir, Western Branch
Reservoir or Lake Prince; that at the County's option, the City of Virginia
Beach would pay to the County the sum of $600,000 per year for five years;
that the County also has the option of obtaining a maximum of 1,000,000
gallons of water per day from the Lake Gaston project in consideration of
the County's payment to Virginia Beach of the County's pro-rata share of
the Lake Gaston project's costs. Mr. Crook stated in addition to the
resolution of agreement the County has .the conditions upon the use of the
Ennis Mill Run under the Conditional Use Permit. Mr. Crook pointed out
under the conditions the City of Virginia Beach shall ensure that all existing
drainage ways which run through, along, over or across the pipeline right-
. of-way shall be continued in effect and maintained in such manner as to
provide adequate drainage for properties currently using such drainage
ways.. Mr. Crook stated the City of Virginia Beach shall establish an
information/complaint telephone "hotline" which County residents can call
to secure responses to questions and concerns generated by the project,
construction and operation. Mr. Crook stated affected landowners have
expressed concern with trees dying later and the City of Virginia Beach has
agreed that, after construction, property damaged or disturbed shall be
restored to a condition substantially as good as existed prior to construction.
Mr. Crook stated regarding the Board's concern with the crossing of Route
258 or other public highways, the City of Virginia Beach has agreed that no
public roadway crossing within the County shall be "open cut" without
prior approval of VDOT and that Route 258 would not be "open cut". Mr.
Crook stated regarding Mr. Jones' expressed concern earlier in the meeting
concerning drain tile, he believes under the agreement the City of Virginia
Beach will be responsible for that. Mr. Crook stated the Deputy City
Attorney for the City of Virginia Beach agrees that the right-of-way of the
old railroad can be used for the transport of farm machinery and equipment
necessary to the operation of the farms over which the easement crosses.
Supervisor Claud moved the Board adopt the following resolution and
Conditional Use Permit and elect under the option provision to accept the
sum of $6(10,000 for five years:
RESOLUTION
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WHEREAS, the City of Virginia Beach (hereinafter "the City" or
"Virginia Beach") has made application pursuant to Sections 15.1-456 and
15.1-875 of the Code of Virginia to the County of Isle of Wight (hereinafter
"County" or "Isle of Wight") for approval of a 60-inch water transmission
pipeline and appurtenances, including the discharge of water from such
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pipeline into Ennis Pond Channel, as more fully described in the Summary
Document and .other materials previously filed with the County; and,
WHEREAS,. Virginia Beach has also filed an application for a
conditional use permit for such pipeline and appurtenances in accordance
with the Isle of Wight County Zoning Ordinance; and,
VVI~REAS, by Resolution adopted by the Board of Supervisors on the
3rd day of December, 1987, the County previously granted its approval,
pursuant to Sections 15.1-456 and 15.1-875 of the Code of Virginia, of the +,
"general route, nature of the facilities and operations of the Lake Gaston
water line project within Isle of Wight County"; and,
WHEREAS, of the physical facilities previously approved .for
construction in the County, the City no longer intends to rnnstruct a booster
pump station and approximately two miles of pipeline in the azea generally
east of Route 608; and,
WHEREAS, as it is more fully described in the Summary Document
and other materials previously-filed and presented to the Board, the City of
Virginia Beach also desires to modify the operation of the Lake Gaston
Water Supply Project (the "Project") so as to discharge water into Ennis
Pond Channel more frequently than was previously approved by the
County; and,
WHEREAS, by reason of the foregoing modifications, the City of
Virginia Beach desires that the approval granted by the County on
December 3, 1987, be amended to incorporate such modifications; and,
WHEREAS, Virginia Beach has represented, through duly authorized
representatives and eounsel, that it is agreeable to Virginia Beach that the
County, through its Board of Supervisors, participate in the determination
of damages, to private property owners and in determining the
compensation to be paid to said property owners in a spirit of continued
cooperation of the Virginia Beach City Council and the Isle of Wight County
Board of Supervisors concerning the water needs of Virginia Beach and Isle
of Wight.
THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Boazd of
Supervisors of Isle of Wight County, Virginia, that the application of the
City of Virginia Beach submitted pursuant to Sections 15.1-456 and 15.1-875
of the Code of Virginia. for approval of the route, facilities, and operations
of the Lake .Gaston Water Supply Project within Isle of Wight County, as
amended, be and the same is hereby approved, upon the following
conditions:
1. Virginia Beach shall not exercise any powers it may have
under any statute, law or regulation, including, without limitation, Virginia
Code Section 15.1-292 or any amendment thereto, or any successor statute,
to present the- pollution of water in Ennis Pond Channel, except with the
express consent of the County;
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2. Virginia Beach shall pay the cost of constructing and
maintaining improvements to the Ennis Pond Channel culverts at Routes
636, 460 and 600 in accordance with the description of such improvements
entitled "IrETTER REPORT TO CITY OF VIRGINIA
BEACH/IMPROVEMENTS TO ROAD CULVERTS ALONG ENNIS POND
CHANNEL," dated February, 1996, prepared by Michael Baker, Jr., Inc.,
Engineers and Planners, Virginia Beach, Virginia, which report was
previously transmitted to the County. Virginia Beach shall secure approval
of such construction from the Virginia Department of Transportation.
Virginia Beach shall also pay the reasonable fees and costs incurred by Isle
of Wight in selecting and hiring a consultant of its choice. to review plans
for such improvements;
3. To the extend allowed by the permits, approvals, laws,
regulations and contractual obligations governing the operation of the
Project, and consistent with sound water conservation practices, Virginia
Beach shall operate the Project in such manner as to minimize fluctuations
in the water level of Ennis Pond Channel.
4. Upon request of any property owner, and within a
reasonable time thereafter, Virginia Beach shall, at its sole expense, remove
any trees within the Ennis Pond Channel easement area which have died
as the result of inundation by water, to the extent such removal is permitted
by law.
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5. Virginia Beach shall not restrict the use of water from
Ennis Pond Channel by adjacent property owners for the purpose of
residential irrigation or similar noncommercial uses at their residences.
6. The maximum amount of water Virginia Beach will
transmit through Ennis Pond Channel is sixty million gallons of water per
day (60 mgd).
7. Virginia Beach shall pay fair and just compensation to any
person for damages to his person or property resulting from the discharge
of water through Ennis Pond Channel by Virginia Beach or Norfolk Claims
for such damages shall be submitted to, and' resolved by, an impartial third
party designated by agreement of Virginia Beach and Isle of Wight.
Virginia Beach shall not unreasonably refuse to make payment or other
form of compensation as determined by such third party.
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8. (a) Virginia Beach shall acquire appropriate easements
over any land inundated as the result of the discharge of water through
Ennis Pond Channel in excess of that- required to accommodate flooding
caused by the simultaneous combination of (1) a rainfall event equivalent
to a statistical five-year storm, (2) the discharge of water through Ennis
Pond Channel by the City of Norfolk, and (3) the operation of the Project.
Such determination shall be made, at Virginia Beach's cost, by a qualified,,
independent engineer selected by Isle of Wight from a list of engineers or
engineering firms agreed upon by Virginia Beach and Isle of Wight.
(b) Compensation for any such easement shall be in an
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amount not less than the per-acre price paid to acquire easements upon
adjacent portions of the same pazcel.
(c) In the event Virginia. Beach and the owner of any land
needed for the construction or operation of any portion of the Project,
including, without limitation, lands riparian to Ennis Pond Channel, are
unable to agree on compensation to be paid for the acquisition of any
interest in such land, including damages to the residue, Virginia Beach shall
cause such property to be appraised, at the expense of Virginia Beach, by
a qualified appraiser approved by Isle of Wight, and shall promptly furnish
the County with copies of all such appraisals.
(d) Nothing in this Resolution shall be deemed to prohibit
Virginia Beach from instituting condemnation proceedings to acquire any
interests in land needed for the construction or operation of the Project, but
Isle of Wight shall .have the right to be made a party plaintiff to any
condemnation proceedings and to be granted a possibility of reverter to all
property acquired by Virginia Beach in any condemnation proceeding in the
event the Project is abandoned by the City.
(e) Virginia Beach shall not withdraw or reduce the monetary
amount of any offer it has tendered for the acquisition of any easement or
other interest in property needed for the construction or operation of the
Project, and shall at all times continue to cooperate closely with the County
Attorney in all negotiations concerning such acquisitions.
9. Virginia Beach hereby acknowledges that the protection of water
quality within the watersheds of Ennis Pond Channel, Burnt Mill Reservoir,
Western Branch Reservoir and Lake Prince is highly desirable, and that
actions undertaken by Isle of Wight which protect and enhance water
quality are of substantial benefit to Virginia Beach. Accordingly, Virginia
Beach shall pay to Isle of Wight, within five (5) business days after issuance
of all building, land-disturbing or other permits required for the
construction of those portions of the Lake Gaston Water Supply Project
located within Isle of Wight, the sum of Two Million, Two Hundred Forty
Thousand Dollars ($2,240,000.00), which sum shall be used by Isle of Wight
for the protection or enhancement of water quality within the watersheds
of Ennis Pond Channel, Burnt Mill Reservoir, Western Branch Reservoir or
Lake Prince. The "protection or enhancement of water quality" may
include, at Isle of Wight's discretion, but need not be restricted to, the
construction or installation of sanitary sewer systems, or any portion
thereof, the construction or installation of structural or nonstructural best
management practices for industrial, commercial or agricultural purposes,
the purchase of interests in land for the purpose of preserving open space,
or any other measure having a beneficial effect upon water quality.
Alternatively, at Isle of Wight's option, Virginia Beach shall pay to Isle of
Wight the sum of Six Hundred Thousand Dollars ($600,000.00) per year for
five (5) years, the first such payment being due five (5) business days after
issuance of all building, land-disturbing or other permits required for the
construction of those portions of the Lake Gaston Water Supply Project
located within Isle of Wight, and the remaining four (4) payments being
due at one-year intervals thereafter until the obligation is fully paid. Isle
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of Wight shall notify Virginia Beach of the option selected by it within three
(3) business days of the date of adoption of this Resolution.
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10. Virginia Beach acknowledges that, in accordance with the prior
understanding of the parties, and subject to all applicable permits and other
approvals governing the construction and operation of the Project, Isle of
Wight has the option of obtaining a maximum of one million gallons of
water per day (1 mgd) from the Project in consideration of Isle of Wight's
payment to Virginia Beach of Isle of Wight's pro-rata share of Project costs.
IT IS FURTHER RESOLVED that the application of the City of
Virginia Beach for a conditional use permit for the construction, operation
and maintenance of an underground water transmission line and
appurtenances, as are more fully described in the Summary Document and
other materials previously filed with the County, be, .and the same is hereby
granted, upon the following conditions:
1. Virginia Beach shall ensure that all existing drainage ways
which run through, along, over or across the pipeline right-of-way shall be
continued in effect and maintained in such manner as to provide adequate
drainage for properties currently using .such drainage ways.
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2. Virginia Beach shall establish an information/complaint
telephone "hotline" which Isle of Wight County residents can call to secure
responses to questions and concerns generated by Project construction and
operation. At all times, including after the completion of construction, there
shall be either a live operator to answer calls placed to the "hotline," or
alternatively, a mechanism by which calls will be returned promptly, but
in no event later than the. next business day. Such "hotline" shall also
provide a number to which emergency calls can be placed during hours
when a live operator is not on duty answering calls placed to the "hotline."
3. Virginia Beach shall take all reasonable action to minimize
or eliminate noise, odor, and dust generated by construction activities
within five hundred (500) feet of an inhabited dwelling.
4. Construction activity during the hours from dusk to dawn
shall not be conducted so near to a dwelling as to interfere with the
occupancy thereof. Construction activities in areas where residential water
sourcesexist (e.g., wells) shall be conducted in such ways to minimize the
likelihood of the construction activities disrupting such domestic water
supply and in the event of such disruption, steps shall be forthwith taken
to remedy the disruption or mitigate the water loss.
5. No land-disturbing activity .shall occur prior to the
approval by Isle of wght of an Erosion and Sediment Control Plan. All
erosion and sediment control structures and other measures required by Isle
of Wight shall be properly installed and maintained at all times.
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6. After construction, property damaged or disturbed shall
be restored to a condition substantially as good as existed prior to
construction.
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7. All water transmission facilities (i.e., the pipeline) shall be
underground, except for those facilities and appurtenances which are shown
as aboveground structures on plans and specifications previously filed with
the County.
8. Provisions shall be made by Virginia Beach to avoid, to the
extent practicable, interruptions of utility service to Isle of Wight residents
and businesses. When such interruption occurs, Virginia Beach shall restore
service as quickly as possible.
9. All contractors and subcontractors of Virginia Beach shall
obtain all licenses and permits required under County ordinances and
codes, and shall pay all fees, if any, required by such ordinances and
codes.
10. Virginia Beach shall not deny or unreasonably interfere
with property rights of third parties azising from easements, licenses, rights-
of-way or other interests in land which have lawfully been acquired by the
beneficiaries thereof.
11. No public roadway crossing within Isle of Wight County
shall be "open cut" without prior approval of the Virginia Department of
Transportation. Roadways which are open cut shall be at all times during
Project construction be maintained with at least one lane of traffic open for
vehicular travel, such that traffic detours shall not be necessary. Route 258
shall not be open cut during Project construction.
IT IS FURTHER RESOLVED that if any of the provisions and
conditions herein mentioned are found to be invalid, such invalidity of said
provisions or conditions shall not in any way affect the approval and
consent of the County of Isle of Wight for the proposed water transmission
pipeline and its appurtenances by the City of Virginia Beach as herein
mentioned and described pursuant to Sections 15.1-456 and 15.1-875 of the
Code of Virginia, as amended, and the Isle of Wight County Zoning
Ordinance.
The motion was adopted unanimously ~(5-0).
Chairman Bradshaw expressed appreciation to the City of Virginia
Beach for its cooperation during the negotiations of this matter.
Virginia Beach Councilman Jones extended the City's thanks for the
County's hospitality and cordiality presented to the City.
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Supervisor Cofer moved the Board proceed with the regulaz order of
the agenda. The motion was adopted unanimously (5-0).
Chairman Bradshaw called for Transportation Matters.
A. Fiscal Year 1996-97 Revenue Sharing Program
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R. Bryan David, Director of planning and Zoning, provided the Board
with the status of the County's FY1995-97 Revenue Sharing Program.
Supervisor Spady moved the Board reduce its matching amount in
kind and keep the private addition funds at a total of $60,000 for the next
fiscal year. The motion was adopted unanimously (5-0).
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B. Road Crossings of the Norfolk-Southern Rail Line in the Town
of Windsor
Supervisor Claud moved the Board endorse the action of the Windsor
Town Council opposing the closing of the railroad crossing on Route 610
and that the draft letter contained in the agenda be sent to Norfolk
Southern Corporation. The motion was adopted unanimously (5-0). '
C. Route 10 Corridor Study
The Director of Planning and Zoning briefed the Board on the Route
10 Corridor Study and advised comments from the Planning Commission
will be provided to the Board at their June 20, 1996 meeting.
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Chairman Bradshaw called for the Community Development report.
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A. The application. of Smithfield Church of the Nazarene for a
Conditional Use Permit to locate an identification sign no closer
than fifteen (15) feet from the street right-of-way at 13390 Great
Springs Road (Route 655) in Newport Magisterial District.
Supervisor Bradby moved the Board approve the application of
Smithfield Church of the Nazarene. The motion was adopted unanimously
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B. The application of James F. & Doreena Gorka for a Conditional
Use Permit to locate and occupy a mobile home for thirty-six
(36) months while constructing a residence on twenty-one (21)
acres of land off Dews Plantation Road (Route 683) in Hardy
Magisterial District.
Supervisor Cofer moved the Board approve the application of James
F. and Doreena Gorka. The motion was adopted unanimously (5-0).
C. The application of Stephen M. & Carrie M. Hearn for a
Conditional Use Permit to locate a mobile home to be occupied
by James E. & Anna C. Modlin, her parents, on 10.04 acres of
land at 11480 Blue Ridge Trail (Route 600) in Newport
Magisterial District.
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Supervisor Spady moved the Board approve the application of
Stephen M. and Carrie M. Hearn. The motion .was adopted unanimously
(5-0).
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D. The application of Alvin L. Griffin, Jr. for a Conditional Use
Permit ~ to locate a mobile home to be occupied by Lucas L.
Griffin, son, on 7.21 acres of land at 18063 Sandy Ridge Drive
(Route 601) in Newport Magisterial District.
Supervisor Claud moved the Board approve the application of Alvin
L. Griffin, Jr. as recommended by the Planning Commission. The motion
was adopted unanimously (5-0).
E. The application of Earl Highsmith, Sr., for a Conditional Use
Permit to continue the occupancy of a mobile home for thirty-
six (36) additional months while constructing a residence on 13.6
acres of land located at 4318 Ennisdale Drive.
County Attorney Crook stated the Planning Commission
recommended against extending the time for the Conditional Use Permit in
1995 and the Board of Supervisors granted cone-year extension on the
condition of substantial work being completed during the 1995-96 year.
County Attorney Crook stated the Planning Commission was informed that
additional work has been done, but as they had recommended denial of the
extension of time in 1995, the Planning Commission felt they should still
recommend denial of the application to the Board.
Earl Highsmith requested the Board grant him an additional twelve
months to complete the residence.
Supervisor Bradby moved the Board approve the application of Earl
Highsmith, Sr. for atwelve-month extension of time. The motion was
adopted unanimously (5-0).
F. The application of Andre Ashcraft, lessee, to display a lighted
projecting sign measuring six feet by eight feet (6'x8') on the
building which he is leasing for his business, Donuts etc., at
14520 Benns Church Boulevard in the Saint Luke's Historic
District.
Supervisor Spady moved the Board ~ approve the application of
Andrew Ashcraft. The motion was adopted unanimously (5-0).
G. Subdivision Plat of Waterford Oaks, Section III-B, Canteberry
Lane (Route 1018), Newport Magisterial District .
Supervisor Cofer moved the Board approve the plat of Waterford
Oaks, Section III-B. The motion was adopted unanimously (5-0).
H. Water Quality Impact Assessment (WQIA) for Section Three of
Ashby Subdivision located in Newport Magisterial District
The Director of Planning and Zoning noted the Planning Commission
tabled consideration of the matter unfil .their June-1996 meeting.
I. Preliminary Plat showing subdivision of Ashby, Section III,
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Carrollton Boulevard '(Route 17), Newport Magisterial District
The Director of Planning and Zoning noted the Planning Commission
tabled consideration of the matter until their June 1996 meeting.
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J. Water Quality Impact Assessment (WQIA) - Gating Pointe
South Subdivision Phase II
Supervisor Cofer moved the Board approve the WQIA with the noted
addendum. The motion was adopted (4-0) with Supervisor Spady
abstaining from discussing and voting on the matter.
K. Preliminary Plat showing Galling Pointe South, Phase 2, Battery
Park Road (Route 704), Newport Magisterial District
Supervisor Cofer moved the Board approve the plat. The motion was
adopted (4-0) with Supervisor Spady abstaining from discussing and voting
on the matter.
L. Request of Southampton County and the City of Franklin to
empanel a regional committee
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Supervisor Claud moved the Board approve the recommendation of
the Planning Commission that the Board Chairman, County Administrator
and Edna King, of the Planning Commission, be appointed to the committee
to discuss with Southampton County and the City of Franklin industrial
growth opportunities and challenges facing the region and that once the
scope, organization and charge of the committee are formalized, that this
be brought back to the Planning Commission for their review,
consideration and recommendation to the Board. The motion was adopted
unanimously (5-0).
M. Solid Waste Management
The Director of Planning and Zoning noted the Planning Commission
tabled consideration of the matter until their June 1996 meeting.
N. Rural Addition Program (RAP)
The Director of Planning and Zoning noted the Planning Commission
tabled consideration of the matter until their June 1996 meeting.
O. Draft Isle of Wight County Zoning Ordinance
The Director of Planning and Zoning advised he will contact the
individual Board members in an effort to seta .work session in July 1996.
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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).
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Chairman Bradshaw called for a public hearing on the following:
A. Proposed General Operating and E-911 Budgets for the County
of Isle of Wight for the Fiscal Year July 1,1996 Through June 30,
1997
Chairman Bradshaw called for comments from citizens in favor of or
in opposition to the proposed FY1996-97 budgets.
Steve W. Edwazds, Chairman of the Comprehensive Youth Services
Act Boazd, requested. full funding of the .Comprehensive Youth Services Act
budget.
Alan Nogiec, Director of Public Parks and Recreational Facility
Authority, stated the Authority's budget, if approved as recommended,
would severely impact the Youth Playground summer activities program.
Mr. Nogiec requested the Board reinstate the $21,867 into their operating
budget to allow the Authority to continue to offer the service at its present
level. Mr. Nogiec stated regarding the three additional requested positions,
the Authority is growing at a pace that is determined by the citizens
moving into the County.
Florine Moore, representing the Isle of Wight Tourism Bureau,
appeared and requested the Board's consideration in fully funding their
proposed budget.
R. L. Walker, representing the Office on Youth, requested the Board
consider fully funding their budget.
Joel Acree, Chief, Carrollton Volunteer Fire Depaztment, requested the
Board approve the proposed operation budget for his Department.
Gerald H. Gwaltney, Commissioner of the Revenue, requested the.
Board restore $3,700 to his budget to fund the DMV Proration position.
Scott Brower, Assistant Chief, Carrollton Volunteer Fire Department,
stated the volunteer Fire stations and rescue squads are manned by
volunteers who also raise the funds to operate these organizations. Mr.
Brower stated the County allocates approximately $300,000 annually to
operate these organizations and the Carrollton Volunteer Fire Department
has asked for an operating budget of $44,000 and the County has proposed
$40,000. Mr. Brower stated the Carrollton Volunteer Fire Department has
requested a new "Quint" truck which will serve as a pumper and rescue
unit and contains a 75 foot ladder. Mr. Brower further requested .the
Board's support for a new facility.
Keith Griffin, Captain, Windsor Volunteer Rescue Squad, requested
full funding of the proposed budget for the Windsor Volunteer Rescue
Squad.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
f
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Supervisor Cofer moved the Board table consideration of the proposed
General Operating and E-911 Budgets until the Board's June 20, 1996
meeting. The motion was adopted unanimously (5-0).
B. Appointment of School Board Member From Carrsville Election
District
[]
County Attorney Crook stated the Board now appoints School Board
members and the Board can hear nominations for the School Board position
from the Carrsville Election District at this meeting although the actual
appointment .must be made at least seven days after the public hearing.
County Attorney Crook stated only the persons nominated at this public
hearing can be considered for the appointment.
Chairman Bradshaw called for nominations .for appointment of the
School Board member from the Carrsville Election District.
Ronald Whitley and Pete Carr of Carrsville nominated Dr. Richard L.
Peerey for appointment to the School Board representing the Carrsville
Election District.
Hearing no other nominations, Chairman Bradshaw closed the public
hearing.
1
C. The application of A. R. C., Inc. for a Conditional Use Permit to
locate a communication tower two hundred fifty (250) feet in
height approximately eighty (80) feet from the existing tower
site which is located on the north side of Battery Park Road
(Route 704) in Newport Magisterial District. The purpose of the
application is to locate a communication tower two hundred
fifty (250) feet in height.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
John Harris,. President, A.R.C., Inc., spoke in favor or the application.
Y
County Attorney Crook asked Mr. Harris the status of road
maintenance for Greenbrier Lane.
Mr. Hams of ARC, Inc. stated he would drag the road for the benefit
of the homeowners in the community.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Spady moved the Board approve the application of A.R.C.,
Inc. subject to the conditions recommended by the Planning Commission.
The motion was adopted unanimously (5-0).
1
Supervisor Spady requested the Director of Planning and Zoning to
request the Planning Commission prepare an ordinance regarding the siting
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of towers.
(!
D. The application of Ivan and Dianne Leonard for a change in
zoning classification from R-?~ Residential General to R-MH A,
Rural Mobile Home District, lots 44, 45 and 46 on Pocahontas
Avenue in Jamestown Subdivision, Windsor Magisterial District.
The purpose of the application is for the permanent location of
a double wide mobile home.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Upon no one appearing, Chairman Bradshaw closed the public
hearing and moved the .Board approve the application of Ivan and Dianne
Leonard. The motion was adopted unanimously (5-0).
E. The application of Arthur L. Roberts for a change in zoning
classification from A-2, Agricultural General to Conditional M-1,
Conditional Industrial Limited, approximately 1 3/4 acres of
land located on the west side of Tyler's Beach Road (Route 686)
in Hardy Magisterial District. The purpose of the application is
for motor vehicle service and repair as conditioned.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application
Arthur L. Roberts spoke in favor.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
County Attorney Crook stated the Planning Commission
recommended 1.75. acres and asked Mr. Roberts if he was agreeable to
rezone only 1.75 acres and not the total four acres.
Responding, Mr. Roberts replied "yes".
1
Supervisor Bradby moved the Board approve the application of
Arthur L. Roberts subject to the conditions proffered by the applicant for
the agreed 1.75 acres. The motion was adopted unanimously (5-0).
F. The application of J. C. Griffin, et als owners and Carl D.
Luchard, prospective owner, for. a change in zoning
classification from A-1, Agricultural Limited to Conditional R A,
Conditional Rural Residential, one (1) acre of land located on
the east side of Courthouse Highway (Route 258) between Five
Forks Road (Route 606) and Iron Mine Springs Road (Route 605)
in Newport Magisterial District. The purpose of the application
is for one rural residential lot as conditioned.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
15
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Durwood Scott, representing J. C. Griffin, spoke in favor of the
application.
1
The Director of Planning and Zoning read into the record the
following proffered conditions of .the applicants: 1) all structures on the
subject property are to be set back a minimum of 60 feet as required in the
Rural Residential District from the proposed right-of-way of Courthouse
Highway, (Route 258), as depicted in the Route 258 Comdor Study dated
April 1994 and prepared by VDOT, 2) a cash proffer of $1,500 is being paid
to Isle of Wight County at the time of sale of the subject lot.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Claud moved the Board approve the application of J. C.
Griffin subject to the conditions proffered by the applicant. The motion was
adopted unanimously (5-0).
G. The application of Sallie Belle G. Benedetti and the Howard H.
Gwaltney, Jr. Estate for a change in zoning classification from
A-1, Agricultural Limited, to Conditional B-1, Conditional
Business General, approximately 17.5 acres of land located on
the west side of the Route 10 by-pass west of its intersection
with Benns Church Boulevard (Route 10 & 258) in Newport
Magisterial District. The purpose of the application is for
business uses as conditioned.
1
Chairman Bradshaw called for citizens to speak in favor or in
opposition to the proposed application.
Jim Tucker, Land Strategies, spoke in favor.
Supervisor Cofer asked if sewage flow rates have been projected so
the Town of Smithfield can be sure their infrastructure is in place to handle
the project.
Loraine Issiac, Engineering Design Associates, stated until a specific
use is determined and the sewer requirements for that use are established,
everything at this point is theoretical.
Supervisor Cofer stated he would like to ensure that if this project is
the one that tips, then the developer would pay for the upgrade in the
pump station.
Ms. Issiac stated any user that would create a problem would have to
provide for its own use.
Mr. Tucker stated the uses have been restricted by the applicant which
is one of the owners at the end of the property.
1
Supervisor Claud asked who would pay for the cost of a traffic signal,
if needed.
16
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Mr. Tucker stated the need for a traffic. signal would be precipitated
by the use of the purchaser and user of the site and the developer would
be paying for the signal under whatever conditions are imposed by VDOT.
. Joshua Pretlow, representing Robert and Lucy Clay, spoke in
opposition. Mr. Pretlow stated the conditional zoning illustrates the loss of
control the County will have over future zonings and does not conform
with the County's Comprehensive Plan. Mr. Pretlow stated the land is
currently zoned for 40,000 square foot lots and would be a quality
residential neighborhood. Mr. Pretlow stated this is not good planning
because the developers do not know at this point what will be located there.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Spady stated he views the 3.2 acres located next to the
shopping center differently, but he would not be in favor of approving the
entire fourteen acres.
Supervisor Cofer stated the 3.2 acres is a different situation and his
concern is with traffic signalization which would need. to be located so close
together. Supervisor Cofer stated development has begun for an additional
120 units behind the gas station which will use the same intersection.
Chairman Bradshaw stated he would have to support the Planning
Commission's recommendation and not vote against this application as the
Board set the precedent when approving the rezoning in the Colosse area
several months ago. Chairman Bradshaw stated we must do the same for
all citizens and must not treat different communities differently. Chairman
Bradshaw stated it is his personal opinion that the Board, by voting to deny
the application, is not treating all citizens fairly.
Supervisor Bradby moved the Board deny the application of Sallie
Belle G. Benedetti. The motion was adopted (4-1) with Supervisors Bradby,
Spady, Claud and Cofer voting in favor of the motion and Chairman
Bradshaw voting against the motion..
H. The application of Union Camp Corporation, owner and Daco
Land Company, Ltd., prospective owner, for a change in zoning
classification from A-2, Agricultural General to Conditional R-3,
Conditional Townhouse Residence District, approximately 134
acres of land located on the south side of Battery Park Road
(Route 704) between the Town Limits of Smithfield and Nike
Park Road (Route 669) in Newport Magisterial District. The
a
purpose of the application is for a single family residential
subdivision of no more than 250 lots as conditioned. ~~
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Jerry Porterfield, Land Planner with Porterfield Design Center,
appeared representing the contract owner on the project. Mr. Porterfield
1
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1
stated the project is located with regard to the Comprehensive Plan within
the Northeast Development Service District which is an area targeted for
growth by the County. 1VIr. Porterfield stated regarding utilities, public
sewer and water are available and the developers agree to any
eommitments between the County and the Town of Smithfield with regard
to utilities. 1Vir. Porterfield stated a traffic impact analysis was prepared
which indicates there is not a need for a stoplight at the main entrance to
the property on Route 704. Mr. Porterfield stated there is also no
requirement for improvements at the intersection of Nike Park Road and
Route 704. 1VIr. Porterfield stated the developer has agreed to dedicate
twenty-five feet for the ultimate widening of Route 704 by VDOT and an
additional lane requirements will be dedicated for the turn lanes in and out
of the property. 1VIr. Porterfield stated the site falls well outside of the 500
year flood plain and the developers agree to a proffer $1,800 per unit for .
fire and police protection. IVIr. Porterfield stated the developer agrees to
form an Architectural Review Committee and all houses will consist of
crawl space with one-story units consisting of no less than 1,700 squaze feet
and two-story units consisting of no less than 1,900 square feet. 1Vir.
Porterfield stated each unit will have at least aone-car garage with fencing
approved by the Architectural Review Committee. Ivir. Porterfield stated
only those areas within seven feet of the building envelope itself will be
cleazed of trees. 1VIr. Porterfield stated a Homeowners Association will be
formed to care for the common areas and the recreational area will include
swings, basketball courts and picnic tables for the use of the residents. Ivlr.
Porterfield stated the developers are proffering atwenty-five foot tree
preserve along the Route 704 right-of-way in addition to a twenty-five foot
dedication for roadway improvements to maintain the sense of wooded
area. Ivir. Porterfield stated there will be a single point of entry onto Route
704 and a no ingress or egress easement along Route 704. 1vlr. Porterfield
stated all lots along Route 704 will be side oriented.
Supervisor Spady expressed his concern with added traffic and asked
if there would be an acceleration lane.
Mr. Porterfield replied "yes".
Supervisor Spady asked how the traffic impact analysis shows Nike
Park Road being affected by traffic.
Mr. David stated during the a.m. peak hour, 40% of traffic will go to
the west towards Smithfield and 60% towards the east towards Nike Park
Road and Route 17. 1VIr. David stated in the evening, 55% of the traffic will
approach .from the east and 45% will. come from the west.
Supervisor Spady asked if the Hampton Roads Planning District
Commission has reviewed the traffic impact analysis to determine the
impact on Routes 704 and 669.
1
Mr. David stated the traffic impact analysis was not forwarded to the
Hampton Roads Planning District Commission which will be conducting a
study of the entire corridor on July 1,1996.
18
BONN ~6 ,, FZ~
Supervisor Cofer requested the projected build out of the project.
Mr. Porterfield stated approximately six yeazs or fifty to sixty units
per yeaz.
Supervisor Claud .expressed concern over the number of units
proposed to be .built annually and stated he would like to see only fifty
units per yeaz.
Mr. Porterfield conferred with the owner and stated he feels confident
that. sixty units per yeaz is a more appropriate number from a market
standpoint.
Steve Lee, trustee .of Rising Staz Baptist Church, spoke in opposition
and requested the Board to interact with the developer to properly size the
pumping stations, sewer lines and potable -water supplies as needed to
accommodate existing residences and buildings which lie along Battery Park
Road between the proposed site and Gatling Pointe.
Chairman Bradshaw closed the public hearing.
Chairman Bradshaw asked the County Attorney if the Board could
condition the approval of the application on a certain number of lots being
built per year.
County Attorney Crook stated this is a conditional rezoning with the
conditions being voluntarily proffered by the developer and the Board is
not allowed to impose conditions, rather the Board can ask the developer
if they would want to voluntarily proffer a condition that they would not
build out more than sixty units per year.
Supervisor Spady stated, fifty units per year would be more
acceptable.
J. T. Cutler, representing the developer, stated .the developer would
be willing to proffer the traffic light if the study indicates it would be
necessary and the developer would also proffer no more than sixty units be
built per year.
Supervisor Spady moved the Board table consideration of the
application of Union Camp Corporation until the Board's June. 20, 1996
meeting to allow the Director of Planning and Zoning time to have an
independent analysis of the traffic impact study, specifically reviewing the
impact on Nike Park and Battery Park Roads. The motion was adopted
unanimously (5-0).
//
At 9:10 p.m., Supervisor Cofer moved the Board return to the regular
order of the agenda, County Attorney's report, and that the Board take a
ten-minute recess. The motion was adopted unanimously (5-0).
19
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At 9:20 p.m., upon returning to open session, Chairman Bradshaw
called for the County Attorney's report.
~~,
~I'
County Attorney Crook stated he had a County to the City of Norfolk
easement which he requests the Boazd approve and authorize the Chairman
to sign on behalf of the County for a small portion of land near the well on
Ennis Mill Run.
Supervisor Cofer moved the Board approve and authorize the
Chairman to sign the easement involving property owned by the County.
The motion was adopted unanimously (5-0).
County Attorney Crook recommended the Board approve the Note
and Deed of Trust and authorize the Chairman to sign same for the.
subdivision of land for Cecil Peade which contained a cash proffer.
Supervisor Claud moved the Board approve and authorize the
Chairman to sign the Note and Deed of Trust for the cash proffer. The
motion was adopted unanimously (5-0).
County Attorney Crook stated the Board needs to advertise an
ordinance to amend the County ordinance which incorporates by reference
the State Motor Vehicle Code.
Supervisor Cofer moved the Board authorize the County Attorney to
advertise the ordinance for the Board's June 20, 1996 meeting. The motion
was adopted unanimously (5-0).
1
County Attorney Crook stated staff placed in the publication for the
public hearing on the budget that the tax rates would not change and he
has prepared a Tax Levy Ordinance for the tax rates. County Attorney
Crook stated it was bought to his attention that in order to generate the
same tax on ships over five tons because of the way the ships have to be
evaluated for the assessment that the Board should increase that rate from
$.15 to $.27 which will not result in any increase in the tax revenue. County
Attorney Crook stated he needs the Board's authorization to make that
change in the Tax Levy Ordinance for publication for the Board's June 2D,
1996 meeting.
Supervisor Cofer moved the Board authorize the County Attorney
advertise a change in the Tax Levy Ordinance increasing from $.15 to $.27
the rate for ships over five tons for the Board's June 20, 1996 meeting. The
motion was adopted unanimously (5-0).
County Attorney Crook concluded his report with a recommendation
that the Board consider putting cushions on all the pews for staff and
citizens attending. the meetings.
fJ
The Chairman requested the County Administrator bring back an
estimate on the cost of purchasing cushions for the pews in the Board
Room.
20
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ii
Chairman Bradshaw called for the County Administrator's report.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLU'T'ION TO DESIGNATE MAY 19-25, 1996
AS VIRGINIA EMERGENCY MEDICAL SERVICES WEEK
WHEREAS, emergency medical services are a vitally important service
provided to the citizens of Isle of Wight County, Virginia by outstanding.
volunteer rescue squads and fire departments; and,
WHEREAS, countless lives have been saved by the well-trained
individuals responding to calls for assistance twenty four (24) hours a day,
seven (~ days a week; and,
WHEREAS, the individuals providing these important services
sacrifice tremendous amounts of their time and talent with no monetary
compensation; and,
WHEREAS, May 19-25, 1996, has been designated as Virginia
Emergency Services Week
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that May 19-
25, 1996, be designated and. recognized as ,Emergency Medical Services
Week in Isle of Wight County.
The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO DESIGNATE MAY 19-25, 1996
AS INDUSTRY APPRECIATION WEEK
WHEREAS, Isle of Wight County, Virginia is fortunate to have a
varietyof existing industries which support this area's economy; and,
WHEREAS, these industries provide much needed jobs for the citizens
of Isle of Wight County; and,
WHEREAS, these same industries provide local taxes from which the
entire local citizenry benefit; and,
WHEREAS, these industries also make significant contributions to Isle
of Wight County to promote a variety of activities which increase this areas
quality of life; and,
WHEREAS, we recognize and appreciate these important facts.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
1
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ao~K 16 ~. ~f77
Board of Supervisors of the County of Isle of Wight, Virginia that we salute
our existing industries, and by virtue of this resolution give notice to the
citizens that Virginia Industries are Leading the Way.
BE IT FURTHER RESOLVED that the week of May 19 - 25, 1996 is
Industry Appreciation Week in Isle of Wight County, Virginia.
The motion was adopted unanimously (5-0).
County Administrator Caskey stated the Board previously approved
participation. in the State Community Work Project Program whereas
inmates may be utilized to clean ditches and State rights-of-way. Mr.
Caskey stated VDOT has advised it will not utilize inmate labor within their
rights-of-way, but subject to the necessary signing of documentation by the
Resident Engineer, the County, under its supervision, may utilize inmate
labor within State rights-of--way to perform various jobs.
Chairman Bradshaw requested the County Administrator explore the
possibility of utilizing .offenders from the juvenile boot camp facility in
Walters.
County Administrator Caskey stated annually the County has been
participating in VDOTs Revenue Sharing Program and the County has been
advised that it can allocate and designate these funds to be established on
a reserve on fund balance.
Supervisor Spady moved the Board authorize staff to do all things
necessary to establish a reserve fund balance for participation in the 50/50
Revenue Sharing Program under the direction of the Director of Budget anal
Finance. The motion was adopted unanimously (5-0).
Based on the recommendation of the Director of Budget and Finance,
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO FULLY FUND THE COST OF LIVING INCREASES
FOR ISLE OF WIGHT COUNTY RETIREES INIMEDIATELY
BEGINNING ON JULY 1, 1997
WHEREAS, the- Virginia General Assembly, the Governor, and the
Board of Trustees of the Virginia Retirement System recognize the growing
.liability of all employers participating in the Virginia Retirement System as
a result of the current practice of funding annual cost of living increases to
retirees on apay-as-you-go basis; and,
WHEREAS, the Virginia General Assembly and the Governor have
provided, in the budget for the 1996-98 biennium, -funds to reach a level
that would fully fund the cost of living increases over a five year period
anbe~inning in fiscal year 1998 for State employees and public school teachers;
WHEREAS, pursuant to their authority as set forth in Section 51.1-145
of the Code of Virginia, the Board of Trustees of the Virginia Retirement
22
eoo~ 16:. X78
System has agreed to allow political subdivisions the option of making
contributions beginning in fiscal year 1998 that would either (1) begin to
fully fund the cost of living increases for their employees immediately, or
(2) to reach a level to fully find the cost of living increases over a five year
period.
NOW, THEREFORE, BE TT AND TT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that it hereby
elects to begin to fully fund the cost of living increases for its retirees
immediately beginning on July 1, 1997.
The motion was adopted (41) with Chairman Bradshaw and
Supervisors Bradby, Claud and Cofer voting in favor of the motion and
Supervisor Spady voting against the motion.
County Administrator Caskey stated the General Assembly recently
passed House Bi11901 which involves the purchase of retirement service for
military and/or out-of-state service. Nir. Caskey stated the County
currently does not have any eligible employees, but should localities
provide this benefit, VRS is requiring that they be notified prior to July 1,
1996.
County Attorney Crook stated he would qualify because of military
service but he is not requesting the County to participate.
R;
D
Supervisor Cofer moved the County participate by not sending in the
nonparticipation notice. The motion was adopted unanimously (5-0).
County Administrator Caskey stated the Tourism Bureau is requesting
the Board's permission to use the County seal on the packaging of bags of
peanuts to be sold at the Visitor's Center in Smithfield.
Supervisor Spady moved the Board approve the use of the County
seal by the Tourism Bureau. The motion was adopted unanimously (5-0).
E. Wayne Rountree, P.E., Director of Public Utilities, on behalf of the
Public Service Authority, requested the Board approve a loan to the Public
Service Authority in the amount of $63,000 to cover an existing operating
deficit, fund balance deficit and repairs to well systems.
Supervisor Spady moved the Board appropriate $63,000 from the
unappropriated fund balance as an interest-free loan to the Public Service
Authority. The motion. was adopted unanimously (5-0).
County Administrator Caskey stated he had several matters for
executive session later in the meeting.
//
Chairman Bradshaw called for Old Business.
Regarding the vote in executive session at the continued meeting of
23
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Apri129, 1996, Supervisor Spady voted in favor of the motion certifying that
nothing was. discussed in executive session except what was voted on to
enter the executive session.
//
1
Chairman Bradshaw called for New Business..
Supervisor Cofer moved the Board authorize the advertisement of the
proposed FY1996-97 Capital Budget for the Board's June 20, 1996 meeting.
The motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for Appointments.
Supervisor Spady moved the Board reappoint Ann Davis Austin on
the Walter Cecil Rawls Library Board of Trustees for an additional four-year
term which will expire in July of 2000. The motion was adopted
unanimously (5-0).
Supervisor Cofer moved the Board reappoint Sandra Councill on the
Walter Cecil Rawls Library Board of Trustees for an additional four-year
term which will expire in .July of 2000. The motion was adopted
unanimously (5-0).
1
Supervisor Cofer moved the Board reappoint Floydette E. Pitt on the
Paul D. Camp Community College Board for an additional four-year term
which will expire in June of 2000. The motion was adopted unanimously
(5-0).
Supervisor Cofer moved the Board .reappoint Franklin E. Hall
representing the Smithfield District on the Board of Zoning Appeals for an
additional five-year term which will expire in May of 2001. The motion
was adopted unanimously (5-0).
Supervisor Bradby moved the Board reappoint Alvin Wilson
representing the Hardy District on the Board of Zoning Appeals for an
additional five-year term which will expire in May of 2001. The motion
was adopted unanimously (5-0).
Supervisor Claud moved the Board appoint Margaret Jones to the
Community Criminal Justice Board. The motion was adopted unanimously
(5-0).
Chairman Bradshaw requested Donald Robertson bring back a
recommendation on the Youth Services Advisory Board appointment.
//
1
County Attorney Crook requested an executive session pursuant to
Section 2.1-344 Al of the Freedom of Information Act to discuss three
24
eooK ~6 -- : f R~
personnel matters; under Section 2.1-344 A7 of the Freedom of Information
for advice of counsel o~noerning contracts requiring advice of .counsel; and,
under Section 2.1-344 A3 for advice of counsel concerning acquisition
and/or use of public property for public purposes.
At 9:50 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 10:20 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).
//
Supervisor Cofer moved the Board authorize a loan from the County's
unappropriated fund balance. in the amount. of $50,000 to the self-funded
health insurance plan. The motion was adopted unanimously (5-0).
Supervisor Claud moved the Board grant employees moving from the
School Board, Social Services and Constitutional Offices to .County
employment be allowed to transfer their sick leave up to the maximum
1
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ao~K 16 -~ ~ f 81
allowed for County employees retroactive to January 1,1996. The motion
was adopted unanimously (5-0).
// /
At 10:22 p.m., Supervisor Bradby moved the Board adjourn. The
motion was adopted unanimously (5-0).
W. Dou as key, r
P ' A. Bradshaw, Chairman
,-
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