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.
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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). '
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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),
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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.
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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
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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.
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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.
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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.
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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.
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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).
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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.
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Chairman Bradshaw called for the Community Development report.
Mr. David presented the following application for the Board's
consideration:
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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).
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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,
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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).
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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).
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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.
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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
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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
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reputation has been discredited.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
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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.
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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.
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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.
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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.
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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,
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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
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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..
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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.
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.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
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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
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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.
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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.
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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
~~
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The motion was adopted unanimously (5-0).
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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.
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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
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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.
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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).
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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).
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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?~~
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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).
//
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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
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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
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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.
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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.
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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
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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).
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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.
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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.
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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.
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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