10-17-1996 Regular Meetingr
eo~~~ .17.~:~ 1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF OCTOBER IN THE
YEAR NINETEEN HUNDRED NINETY SIX
D
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/Director of Human.
Resources
Carey H. Mills, Assistant Clerk
Chairman .Bradshaw called the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Cofer.
//
Supervisor Cofer. moved the Board defer special presentations until
the arrival of .Frederick J. Custis, Regional Director, Virginia Cooperative
Extension. The motion was adopted unanimously (5-0).
1
//
Chairman Bradshaw indicated the following Consent Agenda included
Item 2, A through C, and. asked if there were any. items for removal:
Delinquent Real Estate Tax Collection Monthly Report
September 19, 1996 Regular Meeting Minutes
September 26, 1996 Work Session Minutes
There being no items requested by the Board members for removal,
Supervisor Cofer moved the Board approve the Consent Agenda. The
motion. was adopted unanimously (5-0).
//
Chairman Bradshaw called for Transportation Matters.
R. Bryan David, `Director of Planning and Zoning, stated VACo is
surveying member jurisdictions with regard to delays .counties may have
experienced in their dealings with VDOT.
The Director of Planning and Zoning was directed to fill out and
return the VACo survey advising of the County's general dissatisfaction
with VDOT regarding response time to questions, requests, etc. and that a
copy of the survey be forwarded to the Board for their information.
1
Bo~~ 17:~~~- 2
Regarding the Smith's Neck Road (Route 655) improvement project,
Mr. David noted the Resident Engineer is currently reviewing the matter
and a copy of his response will be forwarded to the Board for their
information.
Mr. David stated Franklin Equipment Company is requesting the
speed limit be reduced on Union Camp Drive in order to promote vehicle
safety and permit the construction of its new entrance. Staff. will be
advocating the new. entrance for Franklin Equipment Company, stated Mr.
David.
Mr. David stated new street name signage. will be installed at the
following intersections: Carrollton Boulevard and Brewer's Neck; Brewer's
Neck Boulevard and Benns Church Boulevard; Route 10-Bypass and South
Church Street, Route 10-Bypass and South Main Street; Windsor Boulevard
and Courthouse Highway/Waiters Highway; and, Walters Highway. and
Carrsville Highway.
Supervisor Bradby requested a status report on Route 681, Raynor
Road.
County Attorney Crook stated an address has been located -for the heir
which was presumed to be deceased. Mr. Crook stated Mrs. Chapman has
signed the deed of right-of-way.
Regarding Pruden Road, Chairman Bradshaw requested the Director
of Planning and Zoning follow-up with the Resident Engineer on the
matter.
.Linda King of Rescue suggested the Board contact James
ClevelandlVDOT District Engineer regarding her concerns over the
widening of Rescue Road and the installation of electric transmission lines
and poles on her property on Rainbow Road.
//
Supervisor Cofer moved the Board amend the order of the agenda to
hear Special: Presentations. The motion was adopted unanimously (5-0).
Frederick J. Custis, Regional Director, Virginia Cooperative Extension,
provided a presentation on the proposed staffing plan for the County which
is a direct result of downsizing and cutbacks in both personnel and
finances. Mr. Custis noted the proposed. plan will not have a negative
impact on the number of agents responsible for providing information and
services directly to County citizens, nor will it result in -any additional costs
to the County. Mr. Custis stated if the proposed plan does not effectively
meet the needs of localities, a new plan will be evaluated.
Supervisor Claud invited Mr. Custis to return before the Board next
year. In the meantime, he wanted to receive input from citizens who are
positively or negatively affected and, if necessary, reevaluate the plan at
that time.
1
1
2
aoo~ ~7 ~~t- 3
1
1
//
ii
Mr. Cofer moved the Board return to the regular order of the agenda.
The motion was adopted unanimously (5-0).
Chairman Bradshaw called for Citizens Comments.
There were no citizens' comments offered for discussion by the Board.
//
Chairman Bradshaw called for the Community Development report.
Mr. David stated the Planning Commission, at its October meeting,
voted. unanimously to recommend to the Board of Supervisors that it will
support an established policy for cash proffers provided it is within the
framework of the Cash Proffer Study prepared several years ago.
Supervisor Cofer moved the Board direct the. County Attorney draft
a cash proffers policy and bring same back for their consideration. The
motion was adopted unanimously (5-0).
Regarding the Codes Compliance position, Mr. David stated County
records reflect 125 complaints were processed from January through
September 1996. Mr. David stated each complaint or violation noted by
staff was investigated and, if appropriate,. efforts were made to bring the
violation into compliance with the applicable County ordinance.
Supervisor Claud moved the Board direct the County Administrator
and staff review the cost of the position,. compare the associated operating
costs to determine if this position will be able to pay for itself based on the
current situation and review the organizational structure. Possibly during
the budget process next year, the Board can consider this position. The
motion was adopted unanimously (5-0).
Mr. David stated the Corps of Engineers has requested the County
take a position in support of the Tyler's Beach Federal Navigation Project.
In .this regard, he has prepared. a resolution for the Board's consideration.
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION IN SUPPORT OF THE TYLER'S BEACH FEDERAL
.NAVIGATION PROJECT
IN THE COUNTY OF ISLE OF WIGHT, VIRGII~IIA
WHEREAS, .the County of Isle of Wight, Virginia, has been the local
project sponsor of the Tyler's Beach Boat Harbor and its navigation channel
for over twenty-five (25) years; and,
WHEREAS, the continued maintenance dredging of the navigation
3
eooK 17 r~ct 4
channel by the United States Army Corps of Engineers is crucial to ensure.
the economic vitality .and stability of the commercial fisherman who use
Tyler's Beach Boat Harbor;. and,
WHEREAS, the continued maintenance dredging of the navigation
channel by the United States Army Corps of Engineers ensures that Tyler's
Beach Boat Harbor remains a safe refuge .for commercial and private vessels
in times of severe weather;. and,
WHEREAS, the .United States Army Corps of Engineers has
objectively demonstrated by thorough analysis that the disposal of dredge
spoils in the Point of Shoals area during past maintenance projects has not
adversely impacted the valuable natural resources of the James River which
are inextricably .linked to the economic success of the same commercial
fisherman who use Tyler's Beach Boat Harbor; and,
WHEREAS, upland disposal of the dredge spoils is not considered
feasible given the overwhelming. environmental and economic costs to be
incurred with implementing such an alternative; and,
WHEREAS, the Board of .Supervisors of Isle of Wight County,
Virginia, recognizes that the existing disposal area cannot continue to safely
receive dredge spoils in perpetuity and that an environmentally and
economically viable alternative disposal site must be identified at some
future time.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that it will continue to fully support the
Tyler's Beach Federal Navigation. Project as proposed and that it
respectfully requests that the Virginia Marine Resources Commission give
favorable consideration to VNIlZC Permit Application No. 96-0238 as
submitted. by the United States Army Corps of Engineers.
BE IT FURTHER RESOLVED that the County Administrator is
authorized to do all things necessary to give this Resolution effect.
The motion was adopted unanimously (5-0).
Mr. David stated Lot 9, Quillen Point, is in violation of the established
grass cutting policy and he is seeking the Board's authorization to engage
the County's contractor to cut the grass.
Supervisor Cofer moved the Board authorize the Director of Planning
and Zoning proceed with cutting the grass on Lot 9, Quillen Point. The
motion was adopted unanimously (5-0).
Supervisor Cofer, after conferring with the County Attorney, further
moved that in future matters concerning the grass cutting ordinance that
the. Board authorize staff, after proper procedures of notice have been
satisfied, proceed with having the grass cut on properties in violation of
such regulations.. The motion was adopted unanimously (5-0).
1
1
4
eooK . ~7 ~Rr~ 5
//
Chairman Bradshaw called for the County Attorney's report.
[J
County Attorney Crook presented for the Board's consideration the
Windsor/Isle of Wight County Water Agreement for the Industrial
Development Authority Industrial Park.
Supervisor Claud .moved the Board approve the Agreement. The
motion was adopted unanimously (5-0).
County Attorney Crook presented for the. Board`s consideration the
agreement for engineering services between the City of Franklin and the
Counties of Isle of Wight and Southampton and Dewberry & Davis for a
water supply study.
Supervisor Cofer moved the Board approve the agreement for
engineering services between the City of Franklin and the Counties of Isle
of Wight and Southampton and Dewberry & Davis for.. a water supply
study as presented. The motion was adopted unanimously (5-0).
County Attorney .Crook presented for the Board's consideration a
health insurance agreement for the County's third-party administrator and
MVP.
1
Supervisor Spady moved the Board approve the health insurance
agreement for the County's third party administrator and MVP. The motion
was adopted (40) with Supervisor Cofer abstaining from voting. on the
matter.
County Attorney Crook presented a Subordination Agreement for
Gatling Pointe South for the Board's consideration. Mr. Crook stated part
of the agreement with the developers concerning cash proffers is that. the
County will subordinate the .County's Deed of Trust to a financing Deed of
Trust.
.Supervisor Bradby moved the .Board. approve the Subordination
Agreement for Gatling Pointe South. The motion was adopted (40) with
Supervisor Spady. abstaining. from voting on the matter.
..County Attorney Crook stated the Department of Public Works must
constantly make small purchases for repairs to equipment, etc. As a result,
the. Director of Public Works is requesting approval for his Department to
make small purchases and submit the bills to the Budget and Finance Office
for payment.
County Administrator Casket' noted he has directed staff to look into
an appropriate strategy for small cash purchases.
County Attorney Crook stated he had several matters for executive
session later in the meeting.
5
800K 17:~~~- e}
//
At 7:00 p.m., Supervisor Cofer moved the Board amend the order of
the agenda to conduct the public hearings. The motion was adopted
unanimously (5-0).
//
Chairman Bradshaw called for a public hearing on the following:
A. Isle of Wight County Zoning Ordinance
Anthony D. Redman, Redman, Johnston & Associates, Ltd., stated
whether or not the current projections are perfect, a certain amount of
development in the County is inevitable and it is also inevitable that the
rate of development will be greater in the future than in .the past. Mr.
Redman further stated an important .consideration is to manage
development's location if the County will ever begin to manage its costs.
Mr. Redman continued .once .development has occurred, it is difficult to
retrofit community facilities and public services to satisfy the needs of the
residents. Mr. Redman stated the land use concept plan map is little more
than a concept if there is not some fundamental structure than brings vision
to reality and the Zoning Ordinance is not the only tool that will
accomplish this, as the County's Capital Improvements Program (CIP) will
be deployed to help make this vision a reality. Mr. Redman stated the
Zoning Ordinance is the most important tool. because it creates an array of
districts that can accommodate development in the Development Service
Districts and also includes .districts that do not preclude opportunity for
development in the more .rural areas of the County. The demand for
services and costs would burden the County if such a structure were not
created.
Chairman Bradshaw called for citizens to speak in favor of or
in opposition to the proposed Ordinance.
Steve Edwards of Bethany Church Road. spoke in favor of the
proposed Zoning Ordinance. Mr. Edwards stated this plan will not only
help the County deal with the growth that will be coming, but will help. the
County preserve its rural character. Mr. Edwards stated this plan will serve
the County well as the only other alternative is to scatter growth
throughout the County. Mr. Edwards urged the Board to favorably
consider adopting the Zoning Ordinance and An Ordinance to Amend
Subdivision Ordinance to Remove 21 Acres Exemption and to Reduce
Exempted Dots From Three (3) to Two (2), which is the next public hearing..
Speaking in opposition, William Riddick, III, stated no one can argue
the fact that the County needs to maintain the rural integrity of the County,
however, the sliding scale provision of the Ordinance should be further
reviewed. Mr. Riddick stated it is cost prohibitive. for any citizen who owns
property outside of the growth districts to be able to do anything .with their
property. Mr. Riddick stated there are provisions which provide that
everything must be on a hard surface road and 200' of road must be built
1
1
n
6
before the first home can be constructed. Mr. Riddick stated farm owners
in the County should have to pay cash proffers and the price of additional
infrastructure required .for development, but the Ordinance should not
include such prohibitive costs that it makes it impossible for a farm owner
to sell off apiece- of property.
1
Speaking in opposition, Robert Jones stated the Draft .Zoning
Ordinance in .itself is a good .concept, however, based on the. proposed
number of lots that can be calculated from a particular tract of land,
landowners will lose their right to develop their land because doing so will
not be affordable.
Karen Larson expressed her concern with the impact the Draft Zoning
Ordinance will have on her. ability to divide her property, as well as the
associated expenses. Ms. Larson requested the Board give consideration to
non-developers, like herself, so that she can subdivide her property if she
so desires to do so.
Sally Crocker stated she currently owns agriculturalland in the
County which she hopes, as a landowner, to be able to sell. in .the future as
an income producer or for maintaining herself in her declining years. Ms.
Crocker stated she should be able to dispose of her property in a manner
that will bring her the most money.
Mr. David distributed a letter from Jon. L. Woltman, Counsel, .Union
Camp Corporation, dated October 14, 1996 requesting provisions in the
proposed Zoning Ordinance that would recognize Union Camp's existing
heavy industrial operations and which would also allow for reasonable
expansion of those existing. operations on approximately 1,000 acres of
industrially zoned property in the southern end of the County. Mr. David
stated he has forwarded to Mr. Woltman information pertaining to the
creation of an additional district entitled the "General Industrial
Conservation District" which would effect such. a recognition of Union
Camp's .operation.
Mr. David distributed correspondence from Branch P. Lawson dated
October 17, 1996 requesting a mechanism be incorporated in the proposed
Zoning Ordinance so that property owners, if agreeable and already zoned
under the County's existing ordinance, could transfer into a compatible
district under. the new .Zoning Ordinance.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
1
In view of the letters and suggestions received, Supervisor Cofer
moved the Board table consideration of the Draft Isle of Wight County
Zoning Ordinance to the Board's November meeting to further address
these concerns. The motion was adopted unanimously (5-0).
B. An Ordinance to Amend Subdivision Ordinance to .Remove 21
Acres Exemption and to Reduce Exempted Lots From Three (3)
to Two (2)
7-
800K ~~ •x':' O
Mr. David stated in the development of the Rural Roads Addition
Policy adopted by the .Board at their previous meeting, several issues were
discussed regarding the current Subdivision Ordinance permitting dots to
be created on private streets. One provision allows up to three .homes to
front on a private street provided the parent tract has 21 acres.. Under the
current Zoning. Ordinance, lots created that are 21 acres or more in size are
exempt from all subdivision and zoning regulations. The Planning
Commission feels it is important to amend the Subdivision Ordinance to
address these instances where private streets can be created in the County.
The Planning Commission agreed that subdivisions of land for bonified
agricultural/horticultural/forestry purposes should be exempted from the
Subdivision Ordinance. The .Planning Commission additionally felt that the.
family member subdivision provision be permitted without any rezoning,
provided the subdivision is for the sole use of the family member. The
Planning Commission conducted a public hearing at their September 10,
1996 meeting and voted (6-3) to recommend to the Board these
amendments, stated Mr. David.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed Ordinance.
Speaking in opposition, James R. Cobb, expressed a concern with the
property rights of landowners, specifically as it relates to the 21 acre
exemption. Mr. Cobb stated the way to keep the agricultural character of
the County is not through keeping the same criteria on farmers.. Mr. Cobb
stated as funds are needed, farmers would like to be able to sell off small
tracts of land.. Mr. Cobb stated trailer parks and major subdivisions are the
problem and the Board should not place the same criteria and impact fees
on farmers.
Robert Jones, speaking on behalf of Scott & Associates, Bailey
Enterprises and Hampton Promotions, stated the reason given earlier to do
away with the 21 acres exemption was that it presently allows land to be
developed anywhere in the County. Mr. Jones stated because the Board is
receiving requests from citizens concerning dirt roads is not a reason to do
away with the 21 acres exemption. Mr. Jones requested the Board continue
to allow the landowners. of the County to be able to cut out 21 acres.
William Riddick stated the Planning Commission believes the road
issue is not the reason to do away with the exemption because citizens who
buy property on a private road know they are located. on a private road and
if they approach the Board concerning taking their street into the State's
system they are in essence asking the. Board to take tax .money to do
something they knew they were not entitled to in the first place. Mr.
Riddick recommended the Board not adopt the proposed ordinance as there
are other ways to address private road problems without completely doing
away with all rights of property owners.
Sam Kanivis of Muddy Cross Road stated he would like to have the
right to divide. his property into small parcels and sell as needed.
Chairman Bradshaw closed the public hearing and called for
J
1
8
BOnlc 17 •~~;'
comments from the Board.
1
Supervisor Cofer stated citizens pay the price for .the land as
unimproved land on private roads and they .are not paying for State
maintained highways and he will support any method the Board can use
to stop the private roads.
Supervisor Bradby moved .the -Board table the .matter until its
November, 1996 meeting and direct staff to review comments made by the
public and to explore other alternatives to the deletion of the 21 acre
exemption and provide the Board with additional information. The motion
was adopted unanimously (5-0).
C. An Ordinance to Amend Chapter 15, Article V of .the Isle of
Wight County Code to Provide That County Attorney Approval
of Refunds of Erroneous Assessments .Will Not Be Required
When Said Erroneous Assessments Do Not Exceed .Two
Hundred Dollars
Ll
County Attorney Crook stated the Board in the past reviewed all tax-
refunds and, as the .County grew, the Board delegated to the .County
Attorney the review of tax refunds. County Attorney Crook stated he has
proposed an amendment to the ordinance that the County Attorney would
not be required to .review erroneous assessments that do not exceed $200.
County Attorney Crook stated if the tax assessment exceeds $2,500 he
would recommend review by both the County Attorney and .the Board.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed ordinance.
Upon no one appearing, 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 15, ARTICLE V
OF THE ISLE OF WIGHT COUNTY CODE TO PROVIDE
THAT COUNTY ATTORNEY APPROVAL OF REFUNDS OF
ERRONEOUS ASSESSMENTS WILL NOT BE REQUIIZED
WHEN SAID ERRONEOUS ASSESSMENTS DO NOT EXCEED
TWO HUNDRED DOLLARS ($200.00)
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that Chapter 15, Article V, Section 15-19
of the Isle of Wight County Code be amended by adding thereto the
following: ,
i~
Said approval by the County Attorney will not be required when the
amount of the erroneous assessment does not exceed $200.00. If the
refund resulting from the erroneous tax assessment exceeds $2,500.00,
it will require review and approval by the County Attorney and the
Board of Supervisors.
9
804K ~7 ••xt:' ~v
The motion was adopted unanimously (5-0).
D. An Ordinance to Request Increase In Salary Limits For School
Board Members
County Attorney Crook stated School Board ,members' salaries have
been set at $2,000 annually for the past thirty years and the duties and
responsibilities of the members has greatly increased over that. period of
time. The School Board is requesting that the amount of -the salary be
increased from $2,000 to $4,000 annually. County Attorney Crook stated if
the Board adopts this Ordinance it would be sent to the General Assembly
with a request that the statute be amended.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Cofer moved the Board adopt the following Ordinance:
AN ORDINANCE TO REQUEST INCREASE IN
SALARY LIMITS FOR SCHOOL BOARD MEMBERS
WHEREAS, Section 22.1-32 of the Code of Virginia provides salary
limits for County School Board Members which is $2,000.00 annually in the
County of Isle of Wight, Virginia; and,
WHEREAS, the salaries of the School Board Members of Isle of Wight
County have not been increased for many years and the present salaries as
limited by said statute are insufficient to compensate said. Board Members
for the time and effort spent in the performance of their duties as School
Board Members of said County; and,
WHEREAS, said statute provides that the School Board may request
the General Assembly's consideration of increasing the annual salary limits
as established in said statute when School Board has taken an affirmative
vote on the requested increase; and,
WHEREAS, said statute further provides that proposed changes in the
annual salary for members of local school board shall be adopted consistent
with procedures applicable to salary changes for the relevant local
governing body and said procedure for the County of Isle of Wight is as set
forth in Section 14.1-46.01:1 of the Code of Virginia which provides that the
Board of Supervisors may establish annually, by ordinance, and .pay in
monthly installments each of their members an annual salary after public
hearing pursuant to notice in the manner prescribed by Section 15.1-504 for
the ensuing and fiscal year.
IN CONSIDERATION WHEREOF, and pursuant to Section 22.1-32 of
the Code of Virginia, the Board of Supervisors hereby request the General
Assembly to increase. the salary limits for School Board Members for the
1
!]
U
10
a~~~ 17:~~- 11
County of Isle of Wight to set a maximum annual salary limit of $4,000.00
pursuant to the Resolution adopted by the School Board of Isle of Wight
County on September 12, 1996.
In further consideration of said Resolution of said School Board, the
Board of Supervisors hereby authorizes the said School Board to pay the
Chairman of said Board an additional salary not to exceed $1,100.00 per
year pursuant to the provisions of Section 22.1-32C. of said Code.
The Clerk of this Board is hereby directed to forward certified copies
of this Ordinance to the Senators and Delegates of the General Assembly of
Virginia who represent the .County of Isle of Wight therein..
The motion was adopted unanimously (5-0).
E. Courthouse Agricultural and Forestal District
Mr. David stated the .Agricultural and Forestal District Advisory
Council conducted a public hearing on September 5, 1996 and
recommended the District be renewed for a period of ten years subject to
the addition and removal of certain acreage as requested by the property
owners. Mr. David stated the Planning Commission had also voted
unanimously to recommend the District be renewed for a period of ten
years subject to the addition and removal of certain acreage as requested by
the property owners.
County Attorney Crook stated the information provided to the Board
lists the landowners, as well as the parcels and acreage. County Attorney
Crook stated in the Ordinance the landowners are not listed, simply the
parcel numbers and the acreage.
Chairman Bradshaw called for citizens to .speak in favor of or in
opposition to the proposed District.
Upon no one appearing, Chairman Bradshaw closed the public
hearing and called for comments from the Board.
Supervisor Claud moved the Board adopt the following Ordinance for
a period of ten years subject to the removal and addition of certain acreage
as requested by the property owners:
AN ORDINANCE TO CREATE THE
COURTHOUSE AGRICULTURAL DISTRICT
it
BE IT AND IT IS HEREBY .ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, pursuant to Chapter 36.1, Title 15.1 of the
Code of Virginia that the Courthouse Agricultural District be created. as
follows:
Section 1
The general location and boundaries of the district are described as
11
eaoK 17~ r~r~ 1~
consisting of the following parcels:
Tax .Map Number Acreage
38-01-011 119.06
37-01-042 160.84
37-02-004A 32.00
38-O1-015 200.00
37-01-037 82.00
37-O1-029 64.20
38-O1-014 149.08
37-O1-021 ~ .25
37-O1-020 .25
37-02-004 73.00
29-01-029 55.00
20-01-106A 93.88
39-01-009 96.03
38-01-035 2.36
29-01-032 74.50
29-01-031 68.60
30-O1-055 5.25
30-01-056 11.50
20-01-109 50.25
20-01-106 175.65
20-01-099 93.23
20-O1-023 .75
20-01-028 150.61
20-01-016 1.50
20-01-022A 8.85
20-01-022B 29.00
21-01-019 42.61
20-01-111 24.00
20-01-022C 3.72
20-O1-020 70.00
20-O1-098 5.00
20-O1-022 202.23
28-01-009 57.10 '
28-01-010 157.90
30-01-044 179.20
30-01-039 99.62
30-01-042 10.00
31-O1-020 88.16
31-O1-014 35.00
31-01-031 80.00
31-01-032 17.00
31-01-016 1.00
31-01-029A 5.00
31-01-059 180.00
31-01-030 38.16
38-01-032A .92
21-02-028A 136.75
31-O1-029 108.29
1
1
1
12
~oe~ 1? ~:~:~~ ~.3
1
1
1
48-01-054 15.50
48-01=061 100.00
39-01-024 150.00
4$-O1-055 15.00
38-O1-055 31.40
38-O1-051 110.25
38-01-008 72.00
38-01-007 12.47
38-O1-022. 168.53
38-O1-054 81.70
38-O1-021 34.60
38-01-052 30.00
39-O1-056 108.03
39-01-056B .97
30-O1-035 23.00
38-01-053 145.00
39-01-054 9.00
39-O1-053 2.40
39-01-052 51.00
39-01-048 74.15
39-01-023 179.25
39-O1-008 55.50
39-O1-007. 5.00
39-01-017 150.77
39-O1-021 148.50
30-01-033 62.94
38-O1-A000 220.06
38-O1-023 70.00
40-01-001 140.00
30-01-036 9.65
30-01-037 .92
30-O1-038 170.40
40-01-009 92.48
40-O1-005 52.20
39-01-026 266.00
38-01-049 27.50
39-01-027 4.08
38-01-026 188.65
38-01-024 72.41
30-01-032 422.00
39-O1-055 198.00
39-01-063 5.88
39-O1-050 40.00
39-01-064 123.67.
48-01-004 ~ 786.72
29-O1-027 242.00
28-01-012 ~ 2.36
28-01-013 78.93
31-01-003&4 125.47
37-01-036 41.00
30-01-045 474.43
39-01-038 117.30
13
E04K ~7 ~R~;r 1.~
39-01-029. 3.00
39-O1-030 155.00
48-01-003 75.00
39-O1-033 30.00
39-01-032 87.00
48-01-001 110.00
48-O1-002 130.00
28-01-011 312.60
30-01-034 177.34
30-01-063 92.50
30-01-046 223.92
20-O1-100 264.06
20-01-1000 ~ 85.42
20-01-052 20.00
20-01-089 19.80
20-01-091 4.20
20-01-100A 1.00
46-01-054 90.00
46-01-038 2.38
47-02-001 29.75
47-01-026 75.00
47-02-002 75.77
47-O1-025. 33.06
47-01-027 1.00
46-O1-057 108.35
46-01-036 61.10
46-01-040 158.35
47-01-002, 4&5 258.00
36-O1-001 90.00
27-O1-018 102.50
27-O1-016+ 100.25
36-01-027 36.00
36-01-002 365.13
36-01-003 29.00
30-01-003 73.30
30-01-002 146.00
20-01-021 456.01
46-01-031 88.89
37-01-039 77.00
38-01-012 217.48
37-01-040 4.00
38-01-009 62.00
37-01-041 288.14
37-01-041A 1.00
29-O1-008 52.29
29-01-009 40.00
29-O1-011 & 008A 209.71
39-01-031 A 107.00
All as shown on the Isle of Wight County Real Estate land maps in
the office of the Commissioner of Revenue.
1
1
1
14
. t
BOOK ~~ ~Rl' ~r)
Sectio
1
The total acreage within the proposed district is 14,377.67 and all of
the persons owning said acreage have requested in writing the. creation of
this agricultural district.
Section 3
No parcel included within the district shall be developed to a more
intensive use than its existing use at the time of adoption of the ordinance
creating such district for ten (10) years from the date of adoption of such
ordinance.
No parcel added to an already created district. shall. be developed to
amore intensive use than its existing use at the time of addition. to the
district for ten (10) years from the date of adoption of this ordinance.
Land used in agricultural and forestal production within the
agricultural and forestal district of local significance shall automatically
qualify for an agricultural or forestal value assessment on such land
pursuant to Section 58.1-3230 et se of the Code of Virginia, if the
requirements for such assessment contained therein are satisfied, whether
or not a local land-use plan or local ordinance pursuant to Section 58.1-3231
has been adopted..
1
The district shall be reviewed by the Board of Supervisors at the end
of the ten-year period and said Board may by ordinance renew the district
or modify same for another ten-year period. No owner of land shall be
included in the agricultural, forestal, or agricultural and forestal district of
local significance without such owner's written approval.
Section 4
The Board of Supervisors of Isle of Wight County and the applicants
for the Courthouse Agricultural District agree that the Zoning and
Subdivision Ordinances and regulations applicable to agricultural, limited,
agricultural, general zones shall be applicable to the district; provided, that
such ordinances and regulations are not in conflict with the Agricultural
and Forestal Districts Act. Further, the Planning Commission is advised
that land-use planning decisions or ordinances enacted. to implement the
same shall take into account the special status of both .land adjacent to the
agricultural district and land lying within the agricultural district.
Section 5
1
The Board of Supervisors of Isle of Wight County and applicants for
the Courthouse Agricultural District understand- and agree that in
accordance with law, a landowner may terminate his relationship with the
district by (a) petition and approval of the local governing body, (b) in the
event of denial of the local governing body, by petition to the Circuit Court
of Isle of Wight County, (c) by death of the owner and the withdrawal of
the property as a matter of right by the heirs or devisees, or (d) by decision
15
eoo~ 17:-ac~ ~Ei
of the local governing body at the time the district is automatically subject
to review. The termination of any owner's association in a lawfully
constituted district shall not in itself serve to terminate the existence of the
district. Such district shall continue in effect and be subject to review as to
whether it should be terminated, modified or continued pursuant to Section
15.1-1511 of the law.
The motion was adopted unanimously (5-0).
F. The application of Martha Ward Bartlett for a change in zoning
classification from A-1, Agricultural Limited to C-RA,
Conditional Rural Residential, 5.55 acres of land located on the
north side of Purvis Lane (Route 673) between Burwells Bay
Road (Route 621) and Wrenns Mill Road (Route 678) in Hardy
Magisterial District. The purpose of the application is for one
(1) rural residential lot.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
Robert Jones, speaking on behalf of Mrs. Bartlett, stated Mrs. Bartlett
is attempting to facilitate her estate planning and has agreed not to further
subdivide .the property.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Bradby moved the Board approve the application of
Martha Ward Bartlett. The motion was adopted unanimously (5-0).
G. The application of David L. Blizzard, Sylvia L. Peddrew and
Lawrence E. Blizzard, owners, for a change in zoning
classification from A-1, Agricultural Limited to Conditional R-A,
Conditional Rural Residential, approximately twelve (12) acres
on Campbell's Chapel Road (Route 665) southeast of its
intersection with. Brewer's Neck Boulevard (Route 32 &258) and
from A-1, Agricultural Limited to conditional B-1, Conditional
Business General, approximately one and one-half (1.5) acres of
land located on the south side of Brewer's Neck Boulevard
{Route 32 & 258) east of its intersection with Campbell's Chapel
Road (Route 665) in Newport Magisterial District. The purpose
of the application is for no more than six (6) residential lots on
Campbell's Chapel Road (Route 665) and an office building on
Brewer's Neck Boulevard (Route 32 & 258).
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
.David Blizzard and Sylvia L. Peddrew spoke in favor. Mr. Blizzard
stated he is submitting the application because he wants to divide the
property between himself, his brother and his sister.
1
1
16
BDQK ~7 %'R'" ~~
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Spady moved the Board approve the application of David
L. Blizzard. The motion was adopted unanimously (5-0).
H. The application of Roy. A. Stokes for a change in zoning
classification from A-1, Agricultural Limited. to C-RA,
Conditional Rural Residential, approximately twenty-one (21)
acres of land located on the west side of Barrett Town Road
(Route 641) between West Blackwater Road (Route 603) and Mill
Creek Drive (Route 638) in Hardy Magisterial District. The
purpose of the application is for six (6) rural residential lots as
conditioned.
Chairman Bradshaw .called for citizens to speak. in favor of or in
opposition to the proposed application.
Robert Jones, speaking on behalf of Roy A. Stokes, .distributed a letter
from Mr. Stokes dated October 14, 1996 explaining that he must sell the
property because of financial reasons. Mr. Jones distributed a letter from
Scott & Associates, Inc. dated October 14, 1996 advising of prospective
buyers of the six lots, five of which are under contract contingent upon the
rezoning and approval of the subdivision plat.
1
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Chairman Bradshaw moved the Board approve the application of Roy
A. Stokes. The motion was adopted unanimously (5-0).
L The application of A. W. Livesay & F. C. Stewart, owners and
Springdale Housing, prospective owners, for a change in zoning
classification from A-1, Agricultural .Limited to C-R2,
Conditional Residential General, approximately five (5) acres of
land located off the north side of Carrsville Highway (Route 58}
in Windsor Magisterial District. The purpose of the application
is for amulti-family dwelling complex as conditioned.
Chairman 'Bradshaw called for .citizens to speak in favor of or in
opposition to the proposed application.
1
F. Bruce Stewart appeared on behalf of the applicants. Mr. Stewart
stated the intention- is to increase the number of apartments from ten (10)
four (4) unit buildings to twenty-four(24) four (4) unit buildings for elderly
and handicapped individuals only. Mr. Stewart stated this is the second
phase of the initial project..
Harry Moser, architect for the project, stated the second phase is being
requested due to demand. Mr. Moser stated there are sufficient individuals
signed up on a waiting list to fill the facility to capacity upon completion.
17
ao~K 17:~~. 28
Nunzio Misseri, owner of Joe's Pizza Parlor in Franklin, spoke in
opposition citing concerns with unauthorized persons crossing onto his
property. Mr. Misseri further noted concerns with noise.
Richard Dunlow, a tenant of Mr. Misseri, spoke in opposition. Mr.
Dunlow expressed concerns with the access road and wetland issues.
Mr. Moser stated the entrance contains a 60 foot right-of-way with a
25 foot back to back paved curb which will be extended into this phase.
Mr. Moser stated permission has been granted from the Corps of Engineers
to proceed with building a bridge through the wetlands area.. Mr. Moser
stated the Planning Commission requested him to.consider the possibility
of improving a walkway from the project over to the shopping center, but
he does not own the land in between. Mr. Moser stated the .two homes
facing Carrsville Highway have built a six foot fence between their home
and the project although there is no fence behind the restaurant to control
noise.
Chairman Bradshaw ..stated he initially expressed his concern with
phase one of the project with the access road which does not meet the
standards of County ordinances.
Mr. Moser stated the Federal Government will not provide the funds
to develop an entrance from North Lynn Road and the owner would have
to pay this out-of-pocket.
Chairman Bradshaw stated his concern is with the road access because
all the units have to access on Carrsville Highway. Chairman Bradshaw
stated there is the possibility of putting the. access in on Route 1607 which
would take the access point off the main road.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Chairman Bradshaw moved the Board table the matter to the
November, 1996 meeting to allow staff time to investigate options related
to the road access. The motion was adopted unanimously (5-0).
//
At 8:30 p.m., Supervisor Cofer moved the Board return to the regular
order of the agenda. The motion was adopted unanimously (5-0).
//
At 8:31 p.m., Supervisor Cofer moved the Board take aten-minute
recess. The motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for .the County Administrator's report.
1
1
18
ao~~ 17.x.- ~~
1
Alan Nogiec, Director, Public Parks and Recreational Facilities
Authority, stated the Carrsville Athletic Association. provides baseball and
softball programs for boys and girls in the southern end of the County. It
came to his attention last year that a facility which was normally leased
would not be available and the construction of the Carrsville Elementary
did not include a ball field. A meeting was held between. two members. of
Parks and Recreational Facilities Authority, two School Board members and
two Board of Supervisors' members and he was asked to formulate a
budget for the Board of Supervisors' consideration for a field at .the
Carrsville Elementary School. The .intent is to accommodate a part of the
Athletic Association's program so that ,next year a facility at .the southern
Isle of Wight Park would be available and in the near future an additional
field would be developed at the Carrsville Elementary School. Mr. Nogiec
stated the estimate includes top soil, equipment, labor, seed and fertilizer
for a total cost of $19,250.
Supervisor Claud asked if the Athletic Association would be able to
help with any of the cost.
1
Glen Story, Chairman of the Carrsville Athletic Association, stated
last year the Association utilized the Southern Isle of Wight Park, but drugs
and alcohol became a problem, as well as abusive language by residents in
the area. Mr. Story stated the Association has :offered to help with the
dugouts, as well as supply grass. and fertilizer for. the site. Mr. Story stated
the Association members can also help with the labor. Mr. Story stated the
Association intends to fully cover the cost of the second ball field to be built
next year with the help of Union Camp.
Supervisor Spady stated he feels the Parks and Recreational Facilities'
budget should have adequate resources to fund this request, whether in
whole or in part. Supervisor Spady suggested Mr. Nogiec use the CIP
allocation designated for improvements at Nike Park.
Alex Vargo spoke on behalf of the request. Mr. Vargo requested the
Board appropriate between $13,000 to $15,000 to accomplish this request.
Mr. Vargo stated the School Board has been aware of this need for the last
year and a half.
County Attorney Crook stated. the Carrsville Community Association
did build the existing facilities, fields, dugouts, etc. which serve the entire
southern end of the County. Mr. Crook further stated it .appears that the.
Association believed they would get their facilities back after the completion
of the elementary school, but apparently this is not going to be the case.
Mr. Crook stated he plans to speak with the School Board about the matter
at their next meeting.
J
Chairman Bradshaw moved the Board appropriate $10,000 to the
Public Parks and Recreational Facilities Authority and direct them to .cover
the remainder of the cost from their capital budget in support of .the athletic
field at Carrsville. The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
19
BDQK ~~ r„(~' 20
RESOLUTION TO ESTABLISH OCTOBER 22, 1996
AS EARLY CHILDHOOD PROFESSIONAL CHILD CARE
PROVIDER RECOGNITION DAY
WHEREAS, the General Assembly of the Commonwealth of Virginia
has established Early Childhood Professional-Child Care Provider
Recognition Day to be October 22, 1996; and,
WHEREAS, the children of our community are precious and
vulnerable treasures, and represent the future in no uncertain terms; and,
WHEREAS, parents .want to live in communities which outwardly
display genuine concern for meeting the needs of their children; and,
WHEREAS, the availability of high quality, affordable child care is a
determinant factor in the ability of working parents to remain gainfully and
productively employed; and,
WHEREAS, it is imperative. that we recognize and support those who
daily. dedicate their lives to providing high quality care, nurturing, and
education to Virginia's children in such a manner that they choose to
remain in this profession because they know they are needed, valued, and
appreciated.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that October
22, 1996 be established as Early Childhood Professional-Child Care Provider
Appreciation Day in the County of Isle of Wight.
The motion was adopted unanimously (5-0).
County Administrator Caskey distributed information received from
the Hampton Roads Planning District Commission summarizing those
legislative priorities that have come from .discussions among the fifteen
member jurisdictions. Mr. Caskey stated also enclosed in the Board's
agenda are priorities provided by the Virginia Association of Counties. Mr.
Caskey stated these are provided for the Board's information so that it can
be prepared to address this matter at its next meeting.
Chairman Bradshaw moved the. Board delete Composite Index from
its list of legislative priorities as there is no reason for keeping it as both
jurisdictions must agree. The motion was adopted unanimously (5-0).
County Administrator Caskey stated the Board. previously tabled the
matter of the Motorola agreement to allow the Chairman an opportunity to
meet with representatives of Commercial Radio and to discuss .the
feasibility of centralizing. the contract.
Chairman .Bradshaw stated he met with Commercial Radio
representatives to pursue a total maintenance agreement with the exception
of the schools who must .have their .own contractual agreement.. Chairman
Bradshaw stated he referred the matter on to the Director of Budget. and
1
ZO
eooK 17:;~:• ~1
Finance.
Anne F. Seward, Director of Budget and Finance, advised the
Commercial Radio representative was not able to meet with her due to a
conflict in his schedule and their meeting was rescheduled as a result. IVIs.
Seward stated she would provide the Board with a status report on the
matter at a later date.
Chairman Bradshaw moved the Board table the matter until its
November, 199b meeting to allow the Director of Budget and Finance
additional time to meet with Commercial Radio representatives. The
motion was adopted unanimously (5-0). .
County Administrator Caskey stated the FY1997 SEVAMP agreement
has been reviewed by the County Attorney and his changes as
recommended have been incorporated in the agreement.
1
Supervisor Spady moved the .Board approve. and authorize the
Chairman to sign the FY1997 SEVANIl' Agreement on behalf of the County.
The motion was adopted .unanimously (5-0).
County Administrator Caskey stated the Board previously requested
the model ordinance to regulate open burning in the County be referred to
the Fire and Rescue Association and listed in the agenda for the Board's
consideration are their concerns.
Supervisor Spady stated he feels the existing ordinance is adequate. for
the County at this time as the new ordinance is very comprehensive and
restrictive.
County Administrator Casket' stated if the County leaves its existing
ordinance unchanged, same must be communicated to the State to
determine if this qualifies as an open burning ordinance as previously being
approved by the Board and enacted prior to October of 1973.
Supervisor Spady moved the Board table the matter until its
November, 1996 meeting in order to allow staff an opportunity to interact
with DEQ and SAPCB. The .motion was adopted unanimously (5-0).
Regarding. the issue of payment to .the City of Franklin for sewage.
treatment charges occurring. between 1990 and 1996, County Administrator
Casket' stated the Public Service Authority is requesting a loan from. the
general fund to cover this cost.
:]
Supervisor Cofer moved the Board approve the appropriation of the:
funds as a loan from the fund balance to the PSA to cover the bill and
direct the Director of Budget and Finance to work out the repayment plan.
The motion was adopted unanimously (5-0).
County Administrator. Caskey stated at its September meeting, the
Public Service Authority authorized a request for a loan in the amount of
$271,700 from the Board to fund the Windsor sewer. design contract with
21
eo~« 17:~~:- ?2
AES Engineers. Mr. Caskey stated the Director of Budget and Finance has
proposed two repayment options, as outlined in the agenda.
Supervisor Cofer moved the Board authorize repayment of a non-
interest bearing loan to be made upon receipt of bond proceeds by the PSA.
The motion was. adopted unanimously (5-0).
County Administrator Caskey stated the bid.. process for the repairs to
the roof at the Isle of Wight/ Smithfield /Windsor YMCA has not been
accomplished. As a result, the Board will be provided with formal bids for
their consideration. at their November meeting and he would recommend
the Board defer action until that time. .
Supervisor Cofer moved the Board table the matter to allow staff
additional time to solicit bids. The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY-THREE
THOUSAND EIGHT HUNDRED TWENTY-EIGHT DOLLARS AND
TWENTY CENTS FROM THE COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF FIRE PROGRAMS FOR THE COUNTY'S
VOLUNTEER FIRE DEPARTMENTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has been awarded funds from the Commonwealth of Virginia,
Department of Fire Programs for the County's volunteer fire departments;
and,
WHEREAS, the funds in the amount of twenty-three thousand eight
hundred twenty-eight dollars and twenty cents ($23,828.20) have been
received from the Commonwealth of Virginia, Department of Fire Programs
and need to be appropriated to the volunteer fire department line items in
.the 1996-97 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
..Board of Supervisors of the County of Isle of Wight, Virginia that twenty-
three thousand eight hundred twenty-eight dollars and twenty cents
($23,828.20) received from the Commonwealth of Virginia, Department of
Fire Programs be appropriated to line item 11-3202E~5604A Carrollton
.Volunteer Fire Department ($4,765.64); line item 11-3202E-5604B Carrsville
Volunteer Fire Department ($4,765.64); line item 11-3202E-5604F Rushmere
Volunteer Fire Department ($4,765.64); .line item 11-3202E-5604D Smithfield
Volunteer Fire Department ($4,765.64); and line item 11-3202E-5604E
Windsor Volunteer Fire Department ($4,765.64) in the 1996-97 budget of the
County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized. to .make the appropriate
accounting adjustments in the budget .for these funds and to do all the
things necessary to give this resolution effect.
1
1
D
22
Bo~K 17.~~_- ~?3
The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
1
RESOLUTION TO ACCEPT AND APPROPRIATE
NINE THOUSAND FOUR HUNDRED TWENTY FIVE DOLLARS
.FROM THE GOVERNOR'S OFFICE
WHEREAS, the Isle of Wight County Office on Youth has received a
grant award from the Governor's Office; and,
WHEREAS, the funds in the amount of nine thousand four hundred
twenty .five .dollars ($9,425) from the Commonwealth of Virginia, Office of
the Governor need to be appropriated to the 1996-97 budget of the. County
of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that nine
thousand four hundred twenty five dollars ($9,425) or as much as shall be
received from the Commonwealth of Virginia Office of the Governor be
appropriated to the 1996-97 budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments and to do all things necessary to give this resolution
effect.
The motion was adopted unanimously (5-0).
Supervisor Claud moved. the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
FIVE THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS
FROM THE COMMONWEALTH OF VIRGINIA,
STATE LIBRARY DEPARTMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia. authorizes the receipt of funds from the Commonwealth of
Virginia, State Library Department for an Item Conservation Grant from the
Virginia Circuit. Court Records Preservation Program; and,
WHEREAS, the funds in the amount of five thousand two hundred
seventy-one dollars ($5,271) from the Commonwealth of Virginia, .State
Library Department need to be appropriated to the appropriate line item in
the 1995-96 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that five
thousand. .two hundred seventy-one dollars ($5,271) from the
Commonwealth of Virginia, State Library Department be appropriated to
the appropriate line item in the 1995-96 budget of the County of .Isle of
Wight, Virginia.
23
eooK 17 .r-:^ 24
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of .Wight, Virginia is .authorized to make the appropriate
accounting adjustments in the budget and to do all. things .necessary to give
this resolution effect.
The motion was adopted unanimously (5-0)
Supervisor Claud moved the Board adopt .the following resolution:
RESOLUTION TO APPROPRIATE FIVE THOUSAND TWO HUNDRED
SEVENTY-ONE DOLLARS FROM THE
COMMONWEALTH OF VIRGINIA, STATE LIBRARY
DEPARTMENT FOR CARRYOVER GRANT PROGRAMS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has carryover grant funds .available for grant programs; and,
WHEREAS, the funds in the amount of five thousand two hundred
seventy-one dollars ($5,271) need to be appropriated to the grant fund in
the 1996-97 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the.
Board of Supervisors of the County of Isle of Wight, Virginia that five
thousand two hundred seventy-one dollars ($5,271) received from the
Commonwealth of Virginia State Library Department be appropriated to the
appropriate line items in the 1996-97 budget of the County of Isle of Wight,
Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this grant and to do all things
necessary to give .this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey stated VACo is requesting all county
governments to designate a representative from its board to cast its vote
and serve as its voting and alternate delegates.
Supervisor Cofer. moved the Board designate Chairman Bradshaw as
its voting delegate and Supervisor Claud as the alternate delegate for the
VACo Annual Business Meeting. The motion was adopted unanimously (5-
0).
County Administrator Caskey stated the County agreed to parficipate
with the City of Franklin and Union Camp Corporation in the authorization
and participation in a regional water resource study intended to identify a
high quality water source to serve the southern portion of the County, the
City. of Franklin and Union Camp Corporation. Mr. Caskey stated the
Board has also endorsed the inclusion of Southampton County who is
participating in the funding. Mr. Caskey stated the.. Water Resource
Committee met recently to restructure this Commission as a subcommittee
1
1
24
r
eooK '1 .~. ~ ~.~~
of the Regional Development Committee.
1
Supervisor Claud moved the Board endorse the restructuring of the
Water Resource Commission as a subcommittee of the Regional
Development Committee. The motion was adopted unanimously (5-0).
County Administrator Caskey distributed to the Board for their
consideration. a resolution pertaining to a grant for the Office. on Youth.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO APPLY FOR AND
TO ACCEPT AND APPROPRIATE TWENTY THOUSAND DOLLARS.
FROM THE COMMONWEALTH OF VIRGINIA
WHEREAS, the Isle of Wight County Office on Youth desires to apply
for Delinquency Prevention Incentive Grant funds under Title V of the
Juvenile Justice and Delinquency Prevention Act. from the Commonwealth
of Virginia Department of Juvenile Justice Services; and,
WHEREAS, should the desired funds be granted, the funds in the
amount of twenty thousand dollars ($20,000) from the Commonwealth of
Virginia, Department of Juvenile Justice Services need. to be appropriated
to the 1996-97 budget of the County. of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the -Isle
of Wight County Office on Youth be authorized to submit an application for
Delinquency-Prevention Incentive Grant Funds under Title V of the Juvenile
Justice and Delinquency Prevention Act.
BE IT FURTHER RESOLVED that grant funds in the amount of
twenty thousand dollars ($20,000) or as much as shall be received from the
Commonwealth of Virginia, Department of Juvenile Justice Services need
to be appropriated to the 1996-97 budget of the County of Isle of Wight,
Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was. adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
1
RESOLUTION TO ACCEPT AND APPROPRIATE 1VINETY SIX
THOUSAND THREE HUNDRED FORTY TWO DOLLARS FROM THE
FEDERAL GOVERNMENT AND FIVE THOUSAND TWO HUNDRED
EIGHTY DOLLARS FROM THE COMMONWEALTH OF VIlZGINIA
FOR SCHOOL GRANT PROGRAMS
WHEREAS, the School Board of the County of Isle of Wight, Virginia
25
soeK 17N;;~ 26
has received funds for grant programs; and,
WHEREAS, the funds in the amount of one hundred one thousand six
hundred twenty two dollars ($101,622) needs to be appropriated to the
School grant fund in the 1996-97 budget of the County of Isle of Wight,
Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that ninety six
thousand three hundred forty two dollars ($96,342) to be received from the
Federal Government and five thousand two hundred eighty dollars ($5,280)
to be received from the Commonwealth of Virginia be appropriated to the
following line items in the 1996-97 School budget of the County of Isle of
Wight, Virginia:
Federal:
Carl D. Perkins Vocational/Technology $62,073
Title II Eisenhower Program $15,855.
Pre-School Incentive Grant $18,414
$96,342
State:
Virginia Commission for the Arts-
Artists-in-Education Residency Program $5280
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all the things necessary to
give this resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FORTY SIX
THOUSAND SIX HUNDRED TWO DOLLARS AND FORTY SEVEN
CENTS FROM THE FEDERAL GOVERNMENT AND TWENTY TWO
THOUSAND TWO HUNDRED DOLLARS FROM THE
COMMONWEALTH OF VIRGINIA FOR SCHOOL CARRYOVER
GRANT PROGRAMS
WHEREAS, the School Board of the County of Isle of Wight, Virginia
has received carryover funds for grant programs; and,
WHEREAS; the funds in the amount of sixty eight thousand eight
hundred two dollars and forty seven cents ($68,802.47) .needs to be
appropriated to the School grant fund in the 1996-97 budget of the County
of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
J
1
C
26
n
ao~K ~17.~1:- ,~
1
Board of Supervisors of the County of Isle of Wight, Virginia that forty six
thousand six hundred two dollars and forty seven cents ($46,602.47) to be
received from the Federal Government and twenty two thousand two
hundred dollars ($22,200) to be received from the Commonwealth of
Virginia be appropriated to the following line items in the 1996-97 School
budget of the County of Isle of Wight, Virginia:
Federal:
Title VI-B (95-96) $46,602.47
State:
Project YES $22,200.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all the things necessary to
give #his resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
SEVEN THOUSAND DOLLARS FROM THE FEDERAL GOVERNMENT
AND FIFTY THOUSAND SIX HUNDRED NINETEEN DOLLARS
FROM THE COMMONWEALTH OF VIRGINIA
FOR GRANT PROGRAMS
WI-iEREA5, the Board of Supervisors of the County of Isle of Wight,
Virginia has received funds for grant programs; and,
WHEREAS, the funds in the amount of-fifty seven thousand six
hundred nineteen dollars ($57,619) need to be appropriated to the
appropriate grant funds line items in the 1995-96 budget of the County of
Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that seven
thousand dollars ($7,000) received from the Federal Government and fifty
thousand six hundred nineteen dollars ($50,619) received from the
Commonwealth of Virginia be appropriated to the following line items in
the 1995-96 operating budget of the County of Isle of Wight, Virginia:
fJ
Federal:
VCU .1995-96 Work Study Program $2,000
DMV Federal 402 -Selective Enforcement 5 000
$7,000
State:
27
B~~K 17.x.:' ?_8
Youth & Family Services Grant $18,856.
Chesapeake Bay Preservation Act Grant $25,000
Virginia Litter Prevention & Recycling Grant 6 763
$50,619
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all the things necessary to
give this resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION. TO ACCEPT AND APPROPRIATE ELEVEN THOUSAND
FOUR HUNDRED TWENTY EIGHT DOLLARS FROM THE
STATE COMPENSATION BOARD FOR
PART-TIME SALARIES
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received funds from the State Compensation Board for the
payment of part-time salaries; and,
WHEREAS, the funds in the amount of eleven thousand four hundred
twenty eight dollars ($11,428) need to be appropriated to the appropriate
line item in the 1995-96 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that eleven
thousand four hundred twenty eight dollars .($11,428) received. from the
State Compensation Board of Virginia be appropriated to the appropriate
line item in the 1995-96 operating budget of the County of Isle of Wight,
Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in .the budget and to do all the things necessary to
give this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey stated he has received correspondence
from Gerald H. Gwaltney, Commissioner of Revenue, pertaining to the
upcoming reassessment. Mr. Caskey stated Mr. Gwaltney is recommending
the Board authorize an RFP to begin the process for selecting an appraisal
firm. no later than December, 1996 with. the Board potentially. interviewing
the firms at their February, 1997 meeting.
Chairman Bradshaw moved the Board direct staff to gather
appropriate data to pursue information as presented by the Commissioner
of the Revenue and bring the matter back to the Board for their
consideration at the November, 1996 meeting. The motion was adopted
1
1
28
eo~K ~ 1`7 .~~~
unanimously (5-0).
1
County Administrator Caskey stated he had two matters for executive
session later in the meeting.
//
Chairman Bradshaw called for Old Business.
An Ordinance to Amend the Zoning Ordinance of Isle of Wight
County to Adopt Provisions Regulating Communication Antennas
and Towers (Tabled August 15, 1996).
1
Mr. David stated, regarding the Board's previous request for him to
survey the member jurisdictions in Hampton Roads concerning their
treatment of amateur radio antennas and towers, each jurisdiction treats
amateur radio antennas and towers as a structure which must meet the
setbacks of the zoning district in which they are located. Mr. David stated
additionally each jurisdiction may impose a height limitation on such
antennas and towers or require a CUP if the height exceeds a certain
predetermined height. Mr. David stated in each of the agricultural and
residential zoning districts all structures cannot exceed 35 feet in height and
he would propose they be allowed by right as long as they do not exceed
a certain zoning height and meet the setbacks. Mr. David stated the
Planning District Commission is attempting to establish a regional policy
and the County. is currently addressing all the issues raised in the model
ordinance. Mr. David distributed to the Board an FCC review of a Board
of Zoning Appeals determination of an amateur radio antenna case in the
State of New York.
Erin Hines, amateur radio operator, stated the Town of Smithfield has
established 50 feet as a general rule for towers and the City of Virginia
Beach has established a 90 foot height for towers. Mr. Hines stated, as
proposed, in order to apply for a permit, an amateur radio operator must
have a statement from an engineer licensed by the Commonwealth of
Virginia. Mr. Hines stated the intent of the ordinance is to control the
proliferation of commercial prospects, but the language, as proposed, is too
broad and does not take into consideration the individual who wants to
follow his hobby. Mr. Hines stated the proposed ordinance states all towers
shall be located at least 200 feet from any existing residence and many
amateur operators will not be able to meet this requirement.
D
Mr. David suggested that amateur towers up to 50 feet could be
treated as an accessory structure to the house as long as it meets setback
requirements, but if the tower exceeds 50 feet an individual would need to
make application for a CUP. Mr. David .stated the ordinance could be
reworded to provide that the civil engineer's statement would not apply.
Regarding the design standards, typically residential lots will not be able
to meet this requirement and the Board can waive this requirement on a
case by case basis and a statement to that effect could be incorporated into
the ordinance, stated Mr. David.
29
eoe~ ~7 ~:hr.~ 30
Supervisor Spady moved the Board. table the matter until their
November, 1996 meeting to allow the Director of Planning and Zoning an
opportunity to discuss the matter further with the County Attorney and to
address the concerns of amateur radio operators. The motion was adopted
unanimously. (5-0).
Supervisor. Claud stated the issue of an RFP for emergency services
was discussed at a recent meeting of the Fire and Rescue Association and
he would recommend that a draft RFP be submitted to the fire and rescue
squad members for their input and brought back to the Board for submittal.
Supervisor Claud moved the Board authorize an RFP be submitted to
the Fire and Rescue Association for their input and brought back to the
Board for its consideration. The motion was adopted unanimously (5-0).
Supervisor Bradby inquired about the status of the additional cages
for the animal shelter.
County Administrator Caskey stated he has requested the Director of
Public Utilities meet with the Chief Animal Control Officer and provide a
:recommended cost estimate for expansion of the shelter..
//
Chairman Bradshaw called for New Business.
Supervisor Claud stated as a matter of information only, he recently
met with the Board of Supervisors' Chairman, County Administrator, Parks
and Recreational Facilities representatives, Dr. York and Dr. Perry of the
schools system concerning alternatives for recreational facilities in the
central part of the County.
/t
Chairman Bradshaw called for Appointments.
There were no nominations for appointment offered by the Board.
County Administrator Caskey noted for the Board's information
Supervisor Claud was recently elected Vice Chairman ~ of the Hampton
Roads Planning District Commission.
//
County Attorney Crook requested an executive session under Section
2.1-344 Al of the Freedom of Information Act concerning two personnel
matters and under Section 2.1-344 A7 concerning advice of counsel relative.
to potential litigation.
County Administrator Caskey requested an executive session under
Section 2.1-344 A7 of the Freedom of Information Act relative to two
matters concerning advice of counsel relative to potential litigation.
~~
1
'~-_
30
r
u
eooK ~ 17 .~,:~ 31
Supervisor Cofer requested an executive session under Section 2.1-344
A7 of the Freedom of Information Act relative to a matter concerning advice
of counsel relative to potential litigation.
Chairman Bradshaw requested an executive session under Section 2.1-
344 Al of the Freedom of Information Act relative to two personnel matters.
At 10:05 p.m., Supervisor Cofer moved the Board enter executive
session for the reasons stated. The .motion was adopted unanimously (5-0).
Upon returning to open session at 11:10 p.m., Supervisor Claud
moved the Board adopt- the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on .this date pursuant to an affirmative recorded vote .and in
accordance with the provisions of the Virginia Freedom of Information Act;
and,
WHEREAS,. 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted in
conformity with Virginia law;
1
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only. public
business atters lawfull exem ted from o en meetin re uirements b
m Y P P g q Y
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).
//
f~
Supervisor Claud moved the Board authorize a .loan. in the amount of
$60,000 to the County's self insurance plan to .cover health insurance costs
on a temporary basis with flexible repayment terms to be made when
available funding is sufficient per the recommendation of the Director of
Budget and Finance. The motion passed (4-U) with Supervisor Cofer
abstaining from voting on the matter.
31
eooK 1.7~~:~ ~?
Supervisor Cofer moved that the former County employee be retained
on he County's insurance coverage for twelve months at the County's
expense and apply for Blue Cross standard one or two which will pick up
the insurance after the twelve months of preexisting conditions. The motion
was adopted unanimously (5-0).
At 11:17 p.m., Supervisor Cofer moved the Board continue its meeting
until Thursday, October 31,1996 at 2:00 p.m. in order to further discuss the
Isle of Wight County Zoning Ordinance and An Ordinance to Amend
Subdivision Ordinance to Remove 21 Acres Exemption and to Reduce
Exempted Lots From Three to Two. The motion was adopted unanimously
(5-0).
//~~
Phi 'p A. Bradshaw, Chairman
32
1
1
1