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08-15-1996 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS .HELD THE FIFTEENTH DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED 1VINETY-SIX PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice Chairman O. A. Spady Robert C. Claud, Sr. Malcolm T. Cofer. Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Personnel Director Carey H. Mills, Assistant Clerk Chairman Bradshaw called the meeting to order at 6:00 p.m. The invocation .was delivered by Supervisor Claud. // Chairman Bradshaw indicated the Consent Agenda included Item 1, A through H, and asked if there were any items for removal. Supervisor Spady requested the July 16,1996 regular meeting minutes and the July 22, 1996 continued meeting" minutes be removed from consideration at this time due to the .absence of the County Attorney. Supervisor Spady then moved the Board approve the following Consent Agenda items: A. 1996 Hampton Roads Economic Outlook B. Resolution to Appropriate. $1,000 to the Commission on Aging for a Concert and Reception Honoring Veterans C. Resolution to Appropriate An Amount Not To Exceed $2,150 for the. Fourth Monitoring Well for the Closure of the County Landfill D. Resolution to Appropriate $1,987 .for the Acquisition of Cushions for the Fourteen Pews in the Board .Room E. .Part-time Positions F. Delinquent Real Estate Tax Collection Monthly Report The motion was adopted unanimously (5-0). ' // Chairman Bradshaw. called for Transportation Matters. Supervisor Cofer moved the. Board adopt the following resolution: RESOLUTION WHEREAS, the streets of Canteberry Lane (Route 1018 extended), r 1 . 1 rl B~QN ~U ~; , ~`~r) Winchester Place (south) and Winchester Lane (north), are shown on plats recorded in the Clerk's Office of the Circuit Court of isle. of Wight County; and, WHEREAS, the Resident Engineer for the Virginia .Department of Transportation has advised this Board the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED this Board requests the Virginia Department of Transportation to add the streets of Canteberry Lane .(Route 1018 extended), Winchester Place. (south) and Winchester Lane (north) to the secondary system of State highways, pursuant to Section 33.1- 229 of the Code of Virginia and the. Department's .Subdivision Street Requirements; and, BE IT FURTHER RESOLVED .this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and, BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The motion was adopted unanimously (5-0). R. Bryan David, Director of Planning and Zoning, advised the Board of the U.S. Corps _ of Engineers notification of its objection to VDOT's preferred alignment of the Route 260 Connector project. Mr. David stated the issue will be brought back to the Board at their September, 1996 meeting for further support of alignment. "E". County Attorney Crook returned to the meeting at 6:10 p.m. n Mr. David stated the developer for the Isle of Wight Industrial Park is required to record a standard County stormwater maintenance agreement for .the two stormwater ponds located within the Park. Mr. David presented a stormwater Detention Agreement for the Board's consideration which keeps VDOT from being responsible for the maintenance of these facilities. County Attorney Crook stated the stormwater Detention Agreement does not hold the County responsible and the County does not hold VDOT responsible; however, the County will have to hold the developer responsible. Supervisor Cofer. moved the Board adopt the following stormwater Detention Agreement for the Isle of Wight Industrial Park: STORMWATER DETENTION AGREEMENT FOR 2 r BONN 1E I ~IJ ISLE OF WIGHT INDUSTRIAL PARK THIS AGREEMENT, made this 15th, day. of August, 1996 between the Board of Supervisors of Isle of Wight County (the "County"), party of the first part, and .the Commonwealth of Virginia, Department of Transportation ("VDOT"), party of the second part, for the purpose. of satisfying Section 2.1(F) of the Subdivision Street Requirements for the addition of subdivision streets made after this date throughout the County.- RECITALS R-1 The County has approved, or anticipates approval of, certain plans for a subdivision, named Isle of Wight Industrial Park, .the streets of which. are intended for acceptance into the Secondary System of State Highways. R-2 Included in said subdivision-are certain easements and rights of way for the purpose of constructing, operating and maintaining present or future stormwater drainage. facilities including necessary. inlet structures and other pertinent facilities .for removing water from said streets. R-3 As a prerequisite for accepting any subdivision street into the Secondary. System of State Highways, an adequate and acceptable method for transporting stormwater runoff from said street to a natural water course is required. R-4 Pursuant to Section 2.1(F)(4) of the Subdivision .Street Requirements, when .detention provisions are incorporated into stormwater drainage facilities, "an acceptable agreement from the local government is required which absolves the Department from any responsibility or liability for the .detention facility" before such streets are accepted as part of the Secondary System of State. Highways. "stormwater detention facilities" as used in this agreement shall be .limited to detentionlretention facilities outside of the right of way dedicated to public use purposes for streets to be accepted into the Secondary System of State Highways. NOW, THEREFORE, in consideration of the premises,. the mutual covenants stated herein, and other good and valuable consideration the receipt and sufficiency of which is acknowledged by all parties hereto, the parties hereto agree as follows: 1. The County agrees that VDOT has no maintenance, upkeep and/or repair responsibility or liability for these stormwater detention facilities except in cases of physical damage resulting from ..road construction projects administered by VDOT. This Agreement does not relieve the parties thereto of their .rights and obligations .pursuant to stormwater. Management Regulations VR215-000 et sec .and related state regulations as amended or modified from time to time.. Further, the County agrees not to hold VDOT liable for damages resulting from the County's failure to enforce County ordinances and regulations relating #o stormwater flow. 1 r 1 3 ~f I Boor 16 -:. 1 ~7 2. The County will not seek indemnification or contribution from VDOT to correct damages arising from improper maintenance or construction of~these stormwater detention facilities. 1 3. Upon the County's request, VDOT will cooperate with the County in a reasonable manner to assist in the denial, settlement and/or litigation of claims for damages from the operation. and maintenance of these stormwater detention facilities. 4. The parties expressly do not intend by execution of this Agreement to create in the public, or any member thereof, any rights as a third party beneficiary, or to authorize anyone not a party hereto to maintain a suit for any damages pursuant to the terms or provisions of this Agreement. In addition the parties understand .and agree. that this Agreement is not to be construed as an indemnification against third party claims. 5. VDOT agrees to recommend that the Commonwealth Transportation Board accept, as part of the Secondary System of State Highways, new subdivision streets which meet all provisions of the Subdivision Street Reduirements. ~~ 1 6. The parties hereto agree that the provisions. of this Agreement may be invoked by reference in any resolution of the County requesting any future addition to the Secondary System of State Highways. The motion was adopted unanimously (5-0). Supervisor Bradby requested Mr. David remind the VDOT Resident Engineer about the drainage problems at the Gravel Hill Baptist Church.. Supervisor Bradby, on behalf of Henry Bell, requested the status of Raynor Road, Route 681... County Attorney Crook stated signatures of all the heirs have been obtained except one estate landowner and he went. to court on a presumed deceased statute and the Judge has directed further efforts be .taken to determine if the person is truly deceased and report. the results to the Judge. Mr. Crook stated another landowner has transferred ownership of an estate and he will be now dealing with a brother to convey. his interest. Mr. .Crook stated there are a total of three landowners that he is attempting to get voluntary conveyances of .easements. Concerning Pruden Road, Chairman Bradshaw requested the Director of Planning and Zoning. provide him with an update on the State's policy on right-of-way and curve. angles and their relationship to posted speed limitations. .Chairman Bradshaw stated he had requested County. staff to make contact with VDOT as to why VDOT is rocking and taring roads which do not have residences when there are atizens living on roads that VDOT does not properly maintain. 4 eoo~ ~6 -.: 7~$ 1 Upon recommendation of County Attorney Crook, Supervisor Spady moved the Board adopt the July 16, 1996 regular meeting minutes and the July 22, 1996 continued meeting minutes. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Citizens Comments. Dallas Clark requested the Board waive $311 in penalties. and interest on back taxes since 1993 for which he, or his mortgage company, should have, but never did,. receive a supplemental bill. County Attorney Crook explained that Mr. Clark should speak with the County Treasurer who has certain powers to waive penalties and interest in certain circumstances. Mr. Crook advised Mr. Clark that the Treasurer is an independent .Constitutional Officer and is not under the control of the Board. Mr. Crook offered to meet with the County Treasurer and Mr. Clark regarding his request. William Riddick stated. it has always been the .policy of the Treasurer to apply the tax .payments received to the oldest taxes. However, Mr. ' Clark's records reflect a current balance of zero and. if the records are reviewed carefully you will find that he owes $1,378 for 1993/1994 and the County Treasurer has been accepting his payments, but not applying the amount to Mr. Clark's supplemental tax bills. Mr. Riddick stated if the Treasurer sent out tax bills alerting citizens that they have back taxes the citizens would not incur exorbitant penalties and interest.... Sharon Martin, Secretary, Windsor Volunteer Rescue Squad, addressed recent complaints concerning response times to E-911 calls. Alan Monette, on behalf of the Isle of Wight/Smithfield/Windsor Chamber of Commerce, requested the Board endorse a letter tothe State Corporation Commission. concerning extended area calling. Upon the recommendation of the County Attorney, Supervisor Bradby moved the Board endorse the letter submitted by Alan Monette to the SCC Commissioners Morrison, Miller and Moore and authorize the Chairman to sign same. The motion was adopted unanimously (5-0). Dr. Jane T. York, Isle of Wight County Schools Superintendent,. invited the .Board to the Carrsville Elementary School .dedication scheduled: for September 15, 1996 at 3:00 p.m. // Chairman Bradshaw called for the Community Development report. Mr. David presented the following application for the Board's consideration: 1 5 f•, .~ A. .The application of Gloria S. Montgomery for a CUP to locate a mobile. home to be occupied by Latonya Montgomery, daughter, on approximately ten (10) .acres of land located on the west side of Old Stage Highway (Route 10) between Wrenn's Mill. Road (Route 677) and Burwells Bay Road .(Route .621) in Hardy Magisterial District. Supervisor Bradby moved the Board approve the application of Gloria S. Montgomery subject to the removal of the mobile home when it is no longer occupied by Ms. Montgomery. The motion was adopted unanimously (5-0). B. The application of Edward R. and Deborah Scott for a CUP to locate a mobile home to be occupied by Beverly M. Duck, daughter, and her immediate family on approximately eleven (11) acres of land located on the west side of Carroll Bridge Road (Route 654) between Uzzell Church Road (Route 692) and Bowling Green Road (Route 644) in Newport Magisterial District Supervisor Claud moved the Board.. approve the application of Edward R. and Deborah Scott subject to the requirement that when the existing mobile home is vacated by its present occupant it can only be reoccupied by an immediate family member...The motionwas adopted unanimously (5-0). C. 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 Bradby moved the Board approve the plat of Barton's Landing. The motion was adopted unanimously (5-0). Mr. David recommended the Board defer action on the following until later in the meeting. when the Board considers the rezoning under public hearings. D. The application of Marc Corpaci, prospective owner,. for an exemption from 8C-10-3.g of the Isle of Wight County Highway Corridor Overlay District with regard to paving parking. and vehicular movement areas at 5.296 Carrsville Highway (Route 58 Business) in Windsor Magisterial District. Mr. David stated approximately 15,000 acres of agricultural land are comprised in the. Courthouse Agricultural and Forestal District which the. Board set up in accordance with the State's Agricultural and Forestal Districts Act in September of 1988 .for a period of eight years and which requires a review at the end of the eight-year period. Supervisor Claud moved the Board direct the Department of Planning and Zoning coordinate a renewal of the Courthouse Agricultural and Forestal District.. The motion was adopted unanimously (5-0). 6 eoeK 16 .. _7.•"~0 F. .Location of three (3) abandoned mobile homes .located on Tax Parcel.Nos. 53-1-1 through 4, Windsor Boulevard (Route 460), in Windsor Magisterial District. Mr. David stated he has not heard back from the property owner who currently resides in California. Mr. David stated he has obtained estimates to remove the mobile homes although where they can be taken for disposal has not been determined. Supervisor Claud moved the Board authorize staff to proceed with administratively correcting the cited violations with .advice from the County. Attorney on how to dispose. of the. mobile homes, to include that a lien Be placed. on he property. The emotion was adopted unanimously (5-0). County Attorney Crook stated the County's ordinance provides for removal and cleaning up of the property and even though the mobile homes are not habitable and there may be difficulty in removing them, he would be reluctant to advise burning the mobile homes. at this point which had been suggested. G. Lot Nos. 25 and 28, Springfield -Downs -Section 1, in violation of Section 8-14 (b) (Grass height) of the Isle of Wight County Code Supervisor Claud moved the Board authorize staff to administratively correct the cited violations on .Lot Nos. 25 and 28, Springfield Downs - Section I. The motion was adopted unanimously (5-0). Mr. David stated he has contacted Tony Redman with Redman/Johnston & Associates who can be available to present an overview of the linkage between the proposed Zoning Ordinance and the Comprehensive Plan to the Board. at their September or October. meeting. Supervisor Claud suggested having a presentation for citizens in the County to review the proposed Zoning Ordinance, as it does contain significant changes in the agricultural areas. Supervisor Spady moved the Board .authorize staff to advertise the matter for public hearing at the Board's October, 1996 meeting and that staff advertise and conduct a publicbriefing during the month of Septemberfor public informational purposes. The motion was adopted unanimously (5-0). Mr. David stated, for. the Board's information, the County has been awarded a grant of $35,600 from the Virginia Port Authority for the Jones Creek Navigation Channel Dredging project. Mr. David stated because the amount of large scale. development appears to be increasing, it may be advisable to have two engineering firms conduct traffic impact analyses on behalf of the County at the developer's expense. Mr. David stated the County would establish, in consultation with the selected engineering firms, the parameters of each analysis so that it can. be customized assuring that problems and realistic solutions, including cost, 7 r r 1 r ~i BOQA ~U -, . / A can be presented to the Planning Commission and the Board.. Supervisor Cofer moved the Board refer the matter to the Planning Commission. The motion was adopted unanimously (5-0). // L At 7:00 p.m., Supervisor Cofer moved the Board amend .the order of the agenda in order to conduct the public hearings. The .motion was adopted unanimously (5-0). // Chairman Bradshaw called. for a public hearing on the following: A. Consideration by the Isle of Wight County Board of Supervisors of an Ordinance to rescind its request to the Department of Game and Inland Fisheries of a No Wake Zone on Jones Creek from a point approximately .63 statute miles south of the Rescue Road (Route 704) Bridge over said Creek and continuing generally to a point approximately 1.01 statute miles south of said bridge. Chairman Bradshaw called for citizens to speak in favor of or in opposition. Jim Holthoff and Mark Warren appeared and spoke in favor of rescinding the No Wake Zone. For. the record, nineteen individuals indicated by raising their hands that they were in favor of rescinding the No Wake Zone. Ted Kelpien suggested .installing signs to alert citizens that their wakes can be hazardous. 1 Jane Green, Robert Faison, Charlie Green and Jim Corbett appeared in opposition to rescinding the No Wake Zone and expressed concerns with watercraft being operated in a safe manner and. land erosion.. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Spady stated he had made the motion to reconsider the matter based on citizens' request for same. Supervisor Spady stated when the No Wake Zone was adopted, there was, no opposition to it and he was the only Board member who voted in opposition to the motion. Supervisor .Spady stated at that. time he thought if a No Wake Zone. was. established the one on Jones Creek should be extended to clear the few piers remaining. Supervisor Bradby stated his reason for voting for the No Wake Zone is his sympathy for thehomeowners along the creek and the. problems associated with wakes. Supervisor Bradby stated he voted for the No Wake 8 . BU'JP iV '~t ;r • f~~ Zone after careful consideration and, he will not change. his earlier vote. Supervisor Claud stated he voted for the No Wake Zone as there was no opposition at that time. Supervisor Claud stated he can relate to property owners' concerns and. he visited the site and came to the conclusion that No Wake Zone signs are not the total answer. Supervisor Claud stated the County needs to work from a safety standpoint and encouraged property owners to take the initiative to file complaints with the .Virginia Marine Resources Commission. Supervisor Cofer stated erosion is not something new as twenty years ago he remembers property owners installing bulkheads and pilings. to alleviate shoreline erosion on Jones. Creek. .Chairman Bradshaw stated he also voted against the No Wake Zone and his position still has not changed as he -does not believe in a lot of restrictions on private landowners especially as it relates to waterways. Supervisor Cofer moved the Board rescind the No Wake Zone on Jones Creek as presented. The motion passed (41) with Chairman Bradshaw and Supervisors Spady, Cofer and Claud voting in favor of the motion and Supervisor Bradby voting against the motion. B. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Provide for Family Dayhomes as a Residential Use and to add Nurseries, IGndergartens, Childcare Centers and Daycare Centers as Conditional Uses Chairman Bradshaw called. for citizens to speak in favor of or in opposition to the proposed Ordinance. Sam McMillian of Waterford Oaks Subdivision spoke in favor of the - Ordinance. Mr. McMillian stated he is opposed to grandfatherin~ of anyone. Sharon Thomas of Waterford Oaks spoke in favor of the Ordinance. Ms. Thomas stated day care facilities should be located in commercial, not residential areas. Ms, Thomas expressed his concern with increased traffic, unauthorized parking along the street, noise and children crossing onto her property. By a showing of hands, the Board acknowledged fourteen homeowners from the Waterford. Oaks Subdivision in favor of the Ordinance. Walter Armstrong. spoke in favor of the Ordinance and against anyone ' I being grandfathered. Rosa M. Turner of Waterford Oaks Subdivision stated she is not opposed to the Ordinance, however, she is requesting the Board to consider grandfathering the citizens licensed by Social Services. Ms. Turner stated currently only two children are .being kept in her home because her 1 9 .: r~~ reputation has been discredited. Chairman Bradshaw closed the public hearing and called for comments from the Board. 1 1 Co~.~nty Attorney Crook stated grandfathering is not part of the proposed Ordinance, but is a legal determination and what existed -prior to the adoption must be reviewed because laws are not made retroactive. Mr. Crook stated if legal activity is going on at the time the Ordinance is adopted, then it would be grandfathered. Supervisor Cofer moved the Board. adopt. the. following Ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE ' OF ISLE OF WIGHT COUNTY TO PROVIDE FOR FAMILY DAYHOMES AS A RESIDENTIAL USE AND TO ADD NURSERIES, KINDERGARTENS, CHILDCARE CENTERS AND DAYCARE CENTERS AS CONDITIONAL USES BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle. of Wight County, Virginia, that .the Zoning .Ordinance of Isle of Wight County, Virginia, be amended as follows: L That the following use be added to all zoning districts providing for residential uses (A-1, A-2, R-1, R-2, R-3, RA, RMHA, RMH1, RNIHTP) of the Zoning Ordinance of Isle of Wight County, Virginia: Family Day Home as defined in Section 63.1-195 of the Code of Virginia, and subject to the provisions of Section 15.1-486.5 of said Code. 2. That the following use be added in the .following zoning districts (A-1, A-2, R-1, R-2, R-A, RMHA, RMHl, RMHTP, .and B-1): Nursery schools, kindergartens, child care centers, day nurseries or day-care centers, as a conditional use. 1 The motion was adopted (4-1) with Chairman Bradshaw .and Supervisors Spady, Cofer and Claud voting in favor of the motion and Supervisor Bradby voting against the motion. C. An Ordinance to Arnend .Chapter 12, Section 12-2 of the Isle of Wight County Code to Provide Penalty for Violation of No Wake Zones Chairman Bradshaw called for citizens to .speak in favor of or in opposition to the proposed Ordinance. Mr. Crook stated he would recommend the Board impose a Class 4 misdemeanor in the first paragraph, include paragraph "B" the extension of the No Wake Zone from the Rescue Bridge south 1,000 and delete paragraph "C" as the No Wake Zone on Jones Creek was rescinded by action tonight. 10 ~ ~ 800N ~U ~~ '7`~4 Linda Dunning of Rescue spoke in favor of the Board extending the No Wake Zone from the .Rescue Bridge. Ms. Dunning expressed concern with .damage incurred #o commercial fishing boats from large wakes. Supervisor Claud moved the Board adopt the following Ordinance as amended. by the County Attorney: AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12-2 OF THE ISLE OF .WIGHT COUNTY CODE TO PROVIDE PENALTY FOR .VIOLATION OF NO WAKE ZONES BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that Section 12-2 of Chapter 12 of the Isle of Wight County Code be amended to read as follows: Any person who shall move, operate or run or cause or permit the movement,, operation or running of any vessel, boat or other watercraft of any kind- and description in or upon the waters of Isle of Wight County, Virginia, which have been designated as No Wake Zones pursuant to Section 29.1-744 of the Code of Virginia, as herein afterspecified, at a speed in excess of four (4) nautical miles per hour shall be deemed guilty of a Class 4 misdemeanor. Those .areas of the waters in Isle of Wight County, Virginia, designated as No Wake Zones pursuant to Section 29.1-744 of the Code. of Virginia, shall be marked by a system of regulatory or navigational markers as .approved and provided by the Board. of Game and Inland Fisheries for the Commonwealth of Virginia. The following areas have been designated No Wake .Zones pursuant to Section 29.1-744 of the Code of Virginia: (a) The mouth of Jones Creek from the .intersection. of Jones Creek and Pagan River south to the Rescue Bridge, Route 704. (b) Jones Creek from Rescue Road, Route. 704, Bridge south 1,000 feet. The motion was adopted unanimously (5-0). Such action included the establishment of the No Wake Zone on Jones Creek south of Rescue Road Bridge. D. An Ordinance to Repeal Chapter 3.1 of the Isle of Wight County. Code Providing for County Regulation of Bingo Games and Raffles Chairman Bradshaw called for .citizens to speak in favor of or in " opposition to the proposed Ordinance. County Attorney Crook stated previously the General Assembly authorized localities to regulate bingo games and raffles and that has now been taken over by a State agency by action of the General Assembly. Mr. 11 1 1 .~ eoo~ ~E '~<1rj a Crook stated he recommends the Board repeal the County's ordinance and leave the matter to the State agency. Chairman .Bradshaw closed the public hearing and called .for comments from the Board. 1 Supervisor Spady moved the Board adopt ..the following Ordinance: AN ORDINANCE TO REPEAL CHAPTER 3.1 OF THE ISLE OF WIGHT COUNTY CODE PROVIDING FOR COUN'T'Y REGULATION OF BINGO GAMES AND RAFFLES WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance to regulate bingo games and raffles in the County of Isle of Wight pursuant to Section 18.2-340.8 of the Code of Virginia which became Chapter 3.1 of the Isle of Wight County Code; and, WHEREAS, the General Assembly of Virginia by an act embodied in Article 1.1:1 of Chapter 8 of the Code of Virginia created the Charitable Gaming Commission as a State Agency and gave said Commission the authority to provide for. and regulate charitable gaming in the Commonwealth of Virginia; and, ~' WHEREAS, the regulation of charitable gaming, including bingo games or raffles, is now regulated by state agencies of the Commonwealth of Virginia, and is deemed by the Board of Supervisors of Isle of Wight County, Virginia, that it is not necessary to have additional regulations by the .County of Isle of Wight which would be a duplication of the State regulations. BE IT AND IT IS HEREBY ordained by the Board of Supervisors of Isle of Wight County, Virginia, that an Ordinance to Regulate. Bingo .Games or Raffles in the County of Isle of Wight as embodied in Chapter 3.1 of the Isle of Wight County Code is hereby repealed in its entirety including Sections 3.1-1 through 3.1-12 of said County. Code. The motion was adopted unanimously (5-0). E. An Ordinance to Amend Chapter 8 Article III Section 8-15 of the Isle of Wight County Code to Provide Penalty for Failure to Remove Trash, Garbage, Refuse, Litter and Failure to Cut Grass, Weeds and Other Growth on Vacant Property in the County of Isle of Wight C County Attorney Crook stated the County currently has an ordinance which provides that if the landowner fails to do this the County is authorized to charge the cost to the landowner by way of lien against the landowner's property. Mr. Crook stated State law now enables the County to make this a criminal act which is a Class 4 misdemeanor with a fine up to $250 and this amendment would give the County this added sanction against these Tandowners.. ., 800k ~U :`~~~`U Chairman Bradshaw called for citizens to .speak in favor of or in opposition to .the proposed Ordinance. Terry Brooks spoke in .favor of the ordinance. Mona Brooks spoke in favor of the .ordinance. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 8 ARTICLE III SECTION 8-15 OF THE ISLE OF WIGHT COUNTY CODE TO PROVIDE PENALTY FOR FAILURE TO REMOVE TRASH, GARBAGE, REFUSE, LITTER AND FAILURE TO CUT GRASS, WEEDS AND OTHER. GROWTH ON VACANT PROPERTY IN THE COUNTY OF ISLE OF WIGHT BE IT AND IT IS .HEREBY ordained by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 8, Article III, Section 8-15 of the Isle of Wight County Code be amended by adding the following Section thereto: {c) The violation of any of the provisions of this Section shall be a Class 4 misdemeanor. The motion was adopted unanimously (5-0). F. The application of Earl H. and .Viola Y. Batiste, owners, for a change in zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, three (3) acres of .land located on the south side of Muddy Cross Road between Apache Trail and Turner Drive (Route 644) in Newport Magisterial District. The purpose of the application is for one (1) single family dwelling lot. .Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Earl Batiste requested approval of .his application. Mr. Batiste stated he purchased the property with the assumption that it was currently zoned residential and he is now requesting a rezoning from agricultural to residential Mr. David stated there are two, possibly .three, lots that were subdivided from this tract of land and the plat that depicted these subdivisions appeared to be a boundary survey, ..but in fact was a subdivision plat. Mr. David stated these plats were recorded with the Clerk's office without his approval as the Subdivision Agent and he is now consulting with the County Attorney as to what other action the County can take against the subdivider. 1 13 1 BOOM. 1~ ~. ,~~~~~ .Supervisor Bradby moved the Board-approve the application of Earl H. and Viola Y. Batiste. 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 C-B1, 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 and 258) in Newport Magisterial District. The purpose of the application is .for business uses as conditioned. .Chairman Bradshaw called for citizens to speak in .favor. of or in .opposition to the proposed application. Mr. David stated the Board voted at its June meeting to reconsider this zoning application which was denied by the Board in May. Mr. David stated included in the Board's agenda are additional proffers. Mr. David stated for the record is a letter from the Resident Engineer and the Town of Smithfield commenting on the revised application. Stephie Gwaltney Broadwater appeared and spoke on behalf of her family. Ms. Broadwater introduced Morgan Ives .from Crestar Bank, Bob.. Nelson, an engineering consultant, and the family's real estate consultant, Jim Tucker. Senator Joseph Benedetti was also introduced to address any questions of a procedural nature. Ms. Broadwater stated the written application stated .those uses which they. agreed would serve traditional commercial needs of the community without ..being. undesirable or inconsistent with surrounding land uses. Ms. Broadwater stated previously a significant number of uses were eliminated that are allowed by the County's Zoning Ordinance. Ms. Broadwater stated during previous hearings on the matter there was considerable concern expressed about some of the possible uses. Ms. Broadwater stated the following uses are proposed for the property: retail food stores, bakeries, drop-off. or pick-up :.only dry cleaners, hospitals, wearing apparel stores, drug stores, barber and beauty shops, theaters .and assembly halls, hotels and .motels, office buildings, funeral. homes, churches, libraries, new car sales and service only, retail facilities for plumbing and electrical supply. Ms. Broadwater stated pipes and meters, off-street parking, business and location signs and outside storage display have been modified for use only by occupants of the. property. Ms. Broadwater stated "restaurants" .has also been modified to exclude any taverns or other establishments that would not include food service to the public. Ms. Broadwater stated regarding retail businesses and services, she offers proffer #13 to use a Conditional Use process to control other large retail uses on .that site. Ms. Broadwater stated .radio and televisions are proffered to cover only administrative or office facilities. Ms. Broadwater stated the following uses will not be permitted on the site: office trailers, motor cycle/boat/truck rental sales service or storage, retail gasoline sales, lumber and building. supply, machinery sales and. service, auto and home appliances services, taverns, clubs and lodges, bowling alleys, pool halls, game./video arcades, laundries and radio and television towers. Ms. Broadwater stated the three conditions are proffered relative -~ i 14 800N ~U ~. ~;' 7~8 to any site plan approved for development with four conditions restricting the architectural and. development standards to be imposed and four conditions relative to the ultimate method by which the property will be served by public services and public right-of-ways. Ms. Broadwater stated when the matter was heard by the Board at their May, 1996 meeting, the Board generally supported the proposed development of a drug store, however, reservations were expressed by the Board about approving. the remainder of the property .without some opportunity to review the. proposed development plan and in recognition of this, included is proffer #13 which provides that when a development site plan for the larger parcel is submitted to the County #hat this plan will require review by the Planning Commission and the Board. Ms. Broadwater referred to a plan depicting a proposed village concept whereas the buildings are scattered throughout the development and forms an .internal circular flow. Ms. Broadwater stated parking is limited to customers and employees only.. Ms. Broadwater stated the conceptual plan shows a naturally vegetated fifty-foot buffer as required and only the 17.5 acres. adjacent to Route 10 is part of the rezoning .request. Ms. Broadwater noted that the plan for the development of the 14+ acres of the property restricts access onto the road coming from Route 10 and discussions are ensuing with the owners of the shopping center. in an effort to acquire a shared access. Ms. Broadwater stated VDOT will have the final. say over when or if a traffic signal is required at the. intersection, but condition #11 illustrates they have full intention to abide by or enforce the compliance if VDOT says this is necessary and, in addition, they have contacted the property owners across the street. to determine if a traffic signal can be privately funded when and if needed. Ms. Broadwater s#ated the property will be serviced by utilities in a manner that is consistent with existing and planned infrastructure for the County and the Town. Ms. Broadwater stated. HRSD has recently extended a line across their property and there is a major connection whichwill be usedfor any development on this. property. Joshua Pretlow, attorney representing Robert and Lucy Clay, spoke against the application. Attorney Pretlow stated the County's ordinance stipulates that the Board should not reconsider a matter for one-year once the matter has been denied. Attorney Pretlow stated that while technically the Board has not violated the ordinance by complying with Roberts Rules of Order, he believes the Board has violated the spirit of the ordinance.. Attorney Pretlow stated not only has a better plan not been presented, but no .new information has been presented. Attorney Pretlow stated Ms. Broadwater has not said anything any developer is .not willing to do. Attorney Pretlow stated. this is the family home, however, he is not. sure who is living there as he has not seen any activity on .his visits.. Attorney Pretlow stated the applicants have. not shown the Board any new plan and the facts are they are trying. to get the rezoning through tonight and there is nothing new- but the pressure that's coming. Attorney Pretlow stated the only thing the County gets out of this rezoning is more traffic at the busiest intersection the County. has and the promise of a great development. Attorney Pretlow stated it was not good planning of the Board to turn the applicants loose last time and it is still not good planning today because the applicants .have given the Board nothing new or concrete for consideration and no controls. Attorney Pretlow stated. he suspects the applicants will 15 POOH ~U '~'. I `~i.1 come back next year, as the ordinance stipulates one year, and encouraged the Board to ask the applicants for a true plan, not a concept. Attorney Pretlow urged .the Board to deny the request until the County can determine what theconcept will look like. Ms. Broadwater stated the signed: proffers submitted to the Board should address all concerns expressed to them. Ms. Broadwater stated the plan presented to the Board tonight is similar, however, the Board's concerns were addressed and they have significantly or further narrowed the scope of the proffers which gives. the Board a better idea of what will be located there and gives the Board additional control in terms of additional proffers relative to approval of the site plan by both the Planning Commission and Board. Ms. Broadwater stated. this propertyy can be nothing but commercial faced on Route 10.like it is. Ms. Broadwater stated the applicants have taken responsibility when and if necessary for any required signalization as well as .anything else that needs to be done in terms of medians or acceleration/deceleration lanes. County Attorney Crook stated the Board's procedures have been correct and the Board had a majority vote to bring the matter. up for re- consideration which is in accordance with. Roberts Rules of Order. Attorney. Crook stated there are some changes in the proposal although he would not say these changes necessitated returning the matter to the Planning Commission. Attorney Crook stated if the Board chooses, they may send the matter back to-the Planning Commission, who .earlier recommended approval of .the application to the Board. 1 1 Supervisor Cofer stated the Board has decided that the northern corridor is a growth development district and Route 10 will be commercial. Supervisor Cofer stated now on the plan which was not identified initially is a four-lane divided entrance and the Board is now assured that if the study triggers the need for a traffic signal at the. intersection the owner of record shall be responsible for associated costs which takes the responsibility away from the County. Supervisor Cofer stated a site plan review is not required of the applicant and the applicant will bring same back before the Planning Commission and the Board. Supervisor Cofer stated the Board does not know what the ultimate buildings will look like on -this piece of property, but the economy, market and demand of the residents will drive what types of businesses will locate in this area. Supervisor Cofer stated the major. two concerns for his voting against the application initially _have been addressed and he will .now support the application. Supervisor Claud stated he has a concern with. proffer #13 in that he would like to change "review" by the Planning Commission and Boazd to "aPProval". County Attorney Crook stated this is a fair interpretation that it shall require review by the Planning Commission and Board, but it would be nice to have it say shall require "review and approval" by the Planning. Commission and Board. ti Supervisor Claud stated also on proffer #11 he would like to delete "it is .the intention of" and say "not withstanding this condition the property owner will cooperate in a pro-rata participation for signalization of the intersection with other intersection property owners if the traffic light is needed prior to development of the property". Supervisor Claud stated if these concerns are addressed it sheds a different light on the matter and the Board does have some control if the Planning. Commission and the Board have to review the site plans. Ms. Broadwater stated the applicants are in agreement. with the two suggestions of Supervisor Claud as proffered conditions. Attorney Pretlow stated he does not believe the Board can make changes in proffers as they must be made, bylaw, by the applicants ahead of time. in writing and he would, therefore, formally object for the purpose of the record of the meeting. At 9a0 p.m., Supervisor Spady requested an executive session under Section 2.1-344 A7 for advice of counsel relative to potential litigation. The motion was adopted unanimously (5-0). Returning to open .session at 9:15 p.m., Supervisor Cofer moved the Board adopt the following resolution: CATION OF~XECUTIV 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, #o 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 ~~ 1 17 .: BOOM ~U -;.. The motion was adopted unanimously (5-0). 1 County Attorney Crook stated Attorney Pretlow made a valid objection on the proffers in that these changes that were actually initiated at the suggestion or request of the Board should be in writing prior to the action of the Board and the public hearing to be enforceable. Attorney Crook stated the Board has in the past allowed voluntary changes of the proffers during the public hearing when the applicant so states on the record, as is the case here, and he believes the Board can act on the application, including the change in proffers.. Senator Joseph Beneditti asked. if the applicants can initial the changes made in writing at this. time. County Attorney Crook indicated the changes would be satisfactory in writing to meet the legal requirements. Attorney Pretlow stated for the record that the applicants do not waive any of their objections on this matter and the ..Board has been subjected to litigation and there is no reason to see that it will stop anytime soon it appears. 1 1 Supervisor Spady stated under "uses permitted' the applicants have. changed it to stipulate that no single tenant more than 35,000 square feet without a Conditional Use Permit. He further stated he would like to have seen the square footage smaller, but he does understand it can change the way the property can be looked at, but he would like for the applicants to give this careful consideration if there are. going to be homeowners in that area that live there. Supervisor Cofer moved the Board approve the application of Sallie Belle G. Benedetti as presented with the proffered conditions as amended. The motion was adopted .unanimously (5-0). H. The application of E. B. Barker, Jr. for a change in zoning from Conditional R-A, Conditional Rural Residential to Conditional R-1, Conditional Residential Limited, approximately eleven (11) acres of land located on the north side of Morgart's Beach Road .(Route 673) between Boykins Lane (Route 705) and Day's Point Lane (Route 672) in Hardy Magisterial District. The purpose of the application. is for no more than six (6) lots, as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the. proposed application. Chairman Bradshaw "noted for the record. correspondence dated August 14, 1996 from E. B. Barker of Barker & Associates. E. B. Barker, Jr., President, Barker & Associates, Inc. appeared in favor of the application for R-1 zoning with a request for exception on the requirement for curb and. gutter. Mr. Barker submitted a petition signed by eighteen members of the Morgarts Beach community which represents 18 t ... BOQM ~U ~'.~~ fourteen. families for the curb and gutter exemption. Mr. Barker, stated the R-1 zoning will allow him to record lot widths along the river and he will proffer .that the lot widths on any of the four. lots on the river would not be less .than 140 feet. Chairman Bradshaw closed. the public hearing and called. for comments from the Board. Supervisor Bradby moved the Board approve the application of E. B. Barker, Jr., as proffered. The motion was adopted unanimously (5-0). Supervisor Bradby further moved the Board waive the curb and gutter requirement. The motion was adopted unanimously ~(5-0). L The application of J. Dewitt and Sarah R. Wright for a change in .zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential .936 acre of land located on north side of Carrsville Highway (Route 58) between Colosse Road (Route 641) and Old Myrtle Road .(Route 632) in Windsor Magisterial District. The purpose of the application is for one single family lot, as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Chairman Bradshaw stated Mr. Wright is not able to attend the meeting tonight due to health reasons. Hearing no opposition, Chairman Bradshaw closed the public hearing and called for comments from the Board. County Attorney Crook stated the .School Board acquired the land behind this. property which actually formed this lot and at the time of the acquisition of land from Mr. Wright it was considered that he would come back and zone the residence. as a separate lot. Chairman Bradshaw moved the Board approve the application of J. Dewitt and Sarah R. Wright. The motion was adopted unanimously (5-0). J. The application of Phillip R. Hobbs, owner and Marc Corpaci, prospective owner, for a change in zoning classification from B- 1, Business General to Conditional M-1, Conditional Industrial .Limited, .89 acre of land located at 5296 Carrsville Highway, (Route 58) in Windsor Magisterial District. The purpose of .the application is to allow business and industrial uses, as conditioned. Chairman Bradshaw .called for citizens to speak in favor of or in opposition to the proposed application. Marc Corpaci, prospective owner, requested. approval of .his application. 1 1 19 f'. •~I I~ Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Claud moved the- Board approve the application of Phillip R. Hobbs. The motion was adopted unanimously (5-0). Mr. David then presented the following application .which was deferred under the Community Development report until after the public hearing: The application of Marc Corpaci,"prospective owner, for an exemption from SC-10-3.g of the Isle of Wight County Highway Corridor Overlay District with regard to paving parking and vehicular movement areas at 5.296 Carrsville Highway (Route 58 Business) in Windsor Magisterial District.- Mr. Corpaci requested the Board allow him eighteen months to do the paving parking and vehicular movement areas rather than an exemption. Supervisor Bradshaw moved the Board grant an eighteen-month extension to meet the paving requirements as requested. The motion was adopted unanimously (5-0). 1 K. The application of Myrtie S. Nelms, owner and the Windsor Athletic .Association, prospective owners, for a Special Use Permit to locate the Windsor Athletic Association Youth Sports Complex on approximately twenty (20) acres of land located on the north side of Five Forks. Road (Route 606) east of its intersectionwith Courthouse Highway (Route 258) in Newport Magisterial District. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Felton Beale, President of the Windsor Athletic Association, spoke on behalf of the. applicants. Hearing no opposition, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of Myrtie S. Nelms. The motion was adopted unanimously (5-0). 1 it At 9:45 p.m., Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Regarding the issue of solid waste management, Mr. David stated the Planning Commission reviewed the County's proposal for a convenience E?~~ eoaK ~.6 -; :~ 7 ~4 center concept versus adoor-to-door concept just in the Development Service Districts or in the Development Service Districts expanding to Rushmere, Longview and north of Windsor.. Mr. David stated the Planning Commission felt.. that door-to-door is the most efficient and cost effective means of managing the County's solid waste at some future poinf in time. Mr. David stated the Planning Commission requested the Director of Public Works prepare a reporf on his recommendation and the Planning Commission voted unanimously to recommend that the .County's solid waste management transition to door-to-door collection within the three Development Service Districts and other similarly development areas and that manned convenience centers be limited to the existing three and that four unmanned convenience centers be located in Orbit, Mill Swamp, Central Hill and Walters. area and that aroll-on/roll-off container truck be purchased for the Department of Public Works to service these sites. ]Vic. David stated he would .have a report on solid waste. management for the Board's Planning Retreat scheduled for August 24, 1996. Supervisor Claud requested Mr. David provide the Board with all background data that was considered, specific locations to be included and report back to the Board. Mr. David stated the Planning Commission voted unanimously to recommend the Board adopt the guidelines for the Rural Addition Program. IVir. David stated the Planning Commission recommends the .County keep the four streets that are in the Program, Poplar. Drive, South Shore Drive, South Johnson Lane and Dukes .Lanes, in that priority order and that the Board should .appropriate adequate funds in the next two fiscal. years to rebuild Poplar Drive and South Johnson Lane in FY1997/98 and South Shore Drive and Dukes Lane in FY1998/99. Mr. David stated the Planning Commission recommends the County amend its Subdivision Ordinance to not allow private streets to be further created. Mr. David stated the Planning Commission requested the County Attorney to prepare and advertise for a public .hearing at next month's meeting that the number of lots permitted on a private street be reduced from three to two and lifting the current exemption for .subdivisions of parcels greater than twenty-one (21) acres in size from all requirements the Subdivision Ordinance. Mr. David stated he would have further information for the Board at their September, 1996 meeting. Regarding the construction of the pier at Tyler's Beach Boat Harbor,- Mr. David stated the County has been notified by the Department of Health that it will reduce the requirement for rest room facilities from two to one and allow the County to move forward and have VMRC issue the permits if the County commits in writing to provide this facility. at some point in the future.. 1Vir. David stated there is a grant program through the Government that will fund 75% of the cost for the restroom facility. Supervisor Bradby moved the Board direct the Director of Planning and Zoning pursue the grant for a permanent toilet facility for the Tyler's Beach Boat Harbor. The motion was adopted unanimously (5-0). // 1 21 1 1 ~,•-~ Chairman Bradshaw called for the County Attorney's report. County Attorney Crook requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act concerning advice of counsel relative to matters of potential litigation. Supervisor Cofer requested an executive session under Section 2.1-344 Al of the. Freedom of Information Act concerning a personnel matter. At 9:55 p.m., Supervisor Spady moved the Board enter executive session for the reasons stated by the County Attorney and Supervisor Cofer. The motion was adopted unanimously (5-0). At 10:55 p.m., upon returning to open session, .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). // Chairman Bradshaw called for the County Administrator's repor#. Sam Rosenthal, Rosenthal Insurance Consulting, Inc., stated staff, in 22 ~i J responding to the Board's authorization to terminate services with Duke Benefit Services, issued a Request .for Proposals for third-party administrative services for the County's self-funded health insurance plan and recommends the County award the contract to National Benefit Plans, Inc. Supervisor Claud moved the Board award the contract #o National Benefit Plans, .Inc., effective immediately. The motion was .adopted (4-0) with Supervisor Cofer abstaining. County Administrator Caskey stated. the Director of Budget and Finance and County.Attorney met with representatives of Robinson, Farmer, Cox Associates and negotiated a contract for audit services .for FY1996 and 1997 at a cost of $19,000 per year which they recommend. to the Board. Supervisor Claud moved the .Board approve and authorize the Chairman to sign the contract with Robinson, Farmer, Cox Associates for audit services for FY1996 and 1997 at an annual cost of $19,000. The motion was adopted (4-0). Supervisor Cofer was not present for the vote. County Administrator Caskey stated the Board appropriated $100,000 in the Capital Budget to the Sheriff's Department for the purchase of replacement vehicles which were put into service in June. Mr. Caskey stated the Sheriff has not removed any vehicles from service, but has kept them as spare vehicles to be used during times of vehicular breakdown. Mr. Caskey stated the insurance budget for FY1996-97 was based on maintaining a level number of vehicles as there was no addition to Department s#aff. Supervisor Spady stated the Sheriff is .not present at the meeting at this time and he would like for staff and one member of the Board to meet with the Sheriff as he may have a reason for wanting to keep the surplus vehicles. Supervisor Spady moved the Boarddirect staff meet with the Sheriff to .determine if it is necessary to keep all the vehicles. Supervisor Spady agreed to be included in such meeting. The motion was adopted unanimously (5-0). , County Administrator Caskey stated subsequent to the budgeE process, the Sheriff s office received information requiring an adjustment to their line item budget to compensate for an increase in the amount of $2,465.40 in the County's.. equipment .contract with Motorola. Mr. Caskey stated the contract was amended because the inventory of equipment for the County was updated to reflect additions and deletions of radio equipment. over the last several years. Chairman Bradshaw moved the Board direct staff to determine the terms and conditions of the contract before the Board pursues the matter further. The motion was adopted :unanimously (5-0). County Administrator Caskey stated at the Fire and Rescue 1 1 23 f•. ~r ~ eooK ~E -..: 1 ~7 Association bimonthly meeting in August, 1996, the Association requested that the Board consider having an emergency services "consultant" review areas of emergency services such as dispatching, infrastructure and personnel. 1 Supervisors Spady and. Cofer suggested the matter be further discussed at the Board's Planning .Retreat scheduled for August 24, 1996. Supervisor Claud stated the Association at their last .meeting . suggested one Board member attend their meetings for atwelve-month period before alternating Board members. Supervisor Cofer moved the Board appoint Supervisor Claud as the Board's appointee to attend the Fire and Rescue Association meetings for the balance of this calendar year. The motion was adopted unanimously (5- 0). Supervisor .Claud stated it is the hope of the Association that the- Board would not wait until after the studies are completed to take action on the Capital Improvements Budget for this fiscal year. Supervisor Cofer noted the matter is scheduled to be on the Board's September meeting. for consideration. 1 1 County .Administrator Caskey stated the Virginia Cooperative Extension is recommending a new staffing plan to localities throughout the State in an effort to become more efficient while ensuring that all localities. have reasonable access to services. Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, stated the Virginia Cooperative Extension agency is recommending that rather than the County have one agricultural agent and one 4-H agent, .the County would have access to every agent within Planning District 20. Mr. Robertson stated that while this:. plan does not actually change the number of .agents located in the County, however, it would change the number of agents that would be directly responsible to the County's citizens. Mr. Robertson stated he does not believe this plan will have a negative impact on the County's current budget. Supervisor Cofer moved the Board direct staff to invite the appropriate Extension Service representative to the Board's September, 1996 meeting. The motion was adopted unanimously (5-0). County Administrator Caskey stated contained in the agenda is information pertaining to the Board's future consideration of legislative priorities for the 1997 General Assembly session. Supervisor Spady requested that legislation to provide for the Composite Index Compensation priority, in which the County can receive .credit for its revenue sharing payment to the .City of Franklin, be moved to .the top of the priority list. 24 euoK ~.6 ~...; 7:,jg Chairman Bradshaw requested the County Administrator arrange a meeting between himself, the. School Superintendent, School Board Chairman and Delegate Barlow to further discuss this priority. County Administrator Caskey stated the Board previously authorized a sum not to exceed $12,500 as .the County's obligation towards an engineering study associated with identifying a reliable quality water source. in concert with the City of Franklin and Union Camp. Mr. Caskey recommended the Board authorize staff to extend an invitation to Southampton Countyto be included on this regional Water Resource Study Committee. Supervisor Spady moved the Board authorize an invitation be extended for. Southampton County to be included on' the regional Water Resource Study Committee. The motion was adopted unanimously (5-0). Supervisor Spady further moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWELVE THOUSAND. FIVE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO CONDUCT AN ENGINEERING STUDY TO FIND A HIGH QUALITY WATER SOURCE TO SERVE .SOUTHERN ISLE OF WIGHT COUNTY WHEREAS, the Franklin Water Resource Commission has extended an invitation to the Board of .Supervisors of the County of Isle of Wight, Virginia to participate on the Commission; and, WHEREAS, the Commission will have an engineering study conducted to locate a high quality water source; and, WHEREAS, the total cost of said study will be funded one-half by Union Camp Corporation and one-fourth each by the. City of Franklin and 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. funds in an amount not to exceed twelve thousand five hundred .dollars ($12,500) from the unappropriated fund balance of :the General Fund be appropriated in the 1996-97 budget of the County of Isle of Wight, Virginia for purposes of conducting an engineering study to locate a high quality water source. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia be 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 Attorney Crook stated the agreement for engineering services with Dewberry & Davis which was discussed and approved by the Public 1 25 T'. • •y ~± nn 1 804M ~U •~ . ~ J Service Authority needs to be approved by the Board and the Board needs to .authorize the County Administrator to sign on behalf of the Board, subject to suggested changes as made by the County Attorney. .Supervisor Cofer moved the Board authorize the .County Administrator sign the Agreement with Dewberry & Davis. with suggested. changes as recommended by the County Attorney. The motion was adopted unanimously (5-0). County Administrator Casket' referred to correspondence received from Jim Borberg, General Manager,l-IltSD, of a decrease in the anticipated interest participation payment for the Windsor Interceptor Force Main. County Administrator Casket' referred to information contained in the ' agenda concerning recommendations for appointments which the Board had inquired about at their July, 1996 meeting. Mr. Robertson suggested the Board may wish to keep a database of individuals interested in serving on County boards and commissions whereby staff could review the list and determine who was interested in a particular position and present that information back to the Board for their consideration. Supervisor Claud moved the Board appoint Robert Yeoman as the Agency Representative on the Commission on Aging. The motion was adopted unanimously (5-0). LJ Supervisor Claud moved the Board reappoint Virtley Porter to the Commission on Aging representing the Windsor District for an additional three-year term which will expire in July of 1999. The motion was adopted unanimously (5-0). Chairman Bradshaw moved- the Board appoint Supervisor Bradby as the Board of Supervisors' member on the Comprehensive Services Act. Board. The motion was adopted unanimously (5-0). Supervisor. Claud requested the Assistant Clerk provide a summation on County boards/agencies/commissions and their meeting dates in the Appointments Book and that such information be distributed to the Board. County Attorney Crook stated the Board should. continue their meeting to August 24, 1996 for the purpose of having a Planning Retreat and inquired if they wanted their recording secretary to be present. 1 Supervisor Spady stated he didnot anticipate any action being taken by the Board and the Board would therefore not require the. recording secretary's attendance. County Administrator Casket' stated for. the Board's information is correspondence in draft form from SPSA and he recommended the Board authorize the Chairman to sign the letter on behalf of the County. 26 ~ -- Supervisor Cofer moved. the Board authorize the Chairman to sign the letter to .Congressman Sisisky regarding. the matter of waste flow control. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Old Business. A. Consideration of a request for the Department of Game and Inland Fisheries for the Commonwealth of Virginia. to establish a "No Wake Zone" on Jones Creek from a point one thousand. (1,000) feet more or less beginning at the Rescue. Bridge (Route 704) and extending one. thousand (1,000) feet more or less along Jones Creek south of said bridge. (Tabled July 16, 1996): The County Attorney advised the Board there was no action necessary as the Board had approved this matter when considering the "Ordinance to Amend Chapter 12, Section 12-2 of the Isle of Wight County Code to Provide Penalty for Violation of No Wake Zones". /f Chairman. Bradshaw called for New Business. Supervisor Claud stated the Board heard from a citizen at its last meeting regarding biking events in the County and a meeting was set with the Sheriff, citizens and some of the biking clubs on July 23, 1996. Supervisor Claud distributed pictures illustrating that bikers are not. following the law riding several abreast and the safety hazards associated with same. Supervisor Claud stated the citizens are now waiting to find out their options and what are the enforcement practices. County Attorney Crook stated he reviewed. the statutes which state that the riders must be as close as practicable to the right curb of the roadway and two (2) or more cannot ride abreast. Mr. Crook stated these bikers get the Sheriffs department to assist them and they ride. in groups which is contrary to the law. Mr. Crook stated the Board could adopt an ordinance following the State law stating single file, close to the edge, unless the Board grants. an exception. Supervisor Spady moved that. the County Attorney and Supervisor Claud meet with the Sheriff to discuss and resolve its problem of organized biking events. The motion was adopted unanimously (5-0). Supervisor Bradby stated Rushmere Volunteer Fire Department is currently making the lease payments on its fire truck from their operating funds and from fund raisers and he would like to request that the next payment be made from their capital improvements allocation. Supervisor Spady suggested the matter be further discussed at the Board's September, 1996 meeting when it considers the Capital Budget. 1 1 1 27 1 1 1 t eooK 16 -::; i~i1 j County Attorney Crook asked the Board members if they wished to have a .public hearing advertised for. the proposed model ordinance concerning regulating open burning in the County. Supervisor Claud moved the matter be discussed at the next Fire and Rescue Association meeting to determine if there is a problem and bring back the matter for the Board's further consideration. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Appointments. Appointments were addressed under the County Administrator's section of the agenda. // At 11:56 p.m., Supervisor Spady moved the Board continue the meeting-until August 24, 1996 at 8:30 a.m. to be held at the Lone Star Lakes facility. The motion was adopted unanimously (5-0). hilli .Bradshaw, Chairman W. Dou as askey, erk