12-19-1996 Regular MeetingBO1fl ~ • ~h~'• V~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF DECEMBER IN THE
YEAR NINETEEN HUNDRED NINETY 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/Director of Human
Resources
Carey H. Mills, Assistant Clerk
Chairman Bradshaw called the meeting to order at 6:00 p.m. and
delivered the invocation.
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Chairman Bradshaw called for Special Presentations and recognized
Ida Virginia Dixon, Clerk of the General District Court.
Supervisor Spady moved the Board .adopt the following resolution:
RESOLUTION TO RECOGNIZE AND EXPRESS APPRECIATION
TO IDA VIRGINIA DIXON FOR THIRTY-SEVEN YEARS
OF SERVICE TO ISLE OF WIGHT COUNTY
WHEREAS, Mrs. Ida Virginia Dixon began her employment in public
service on October 27, 1959; and,
WHEREAS, Mrs. Ida Virginia Dixon has been employed with the
Commonwealth of Virginia as Clerk of the General District Court in Isle of
Wight County for thirty-seven (37) years; and,
WHEREAS, Mrs. Dixon is known and respected throughout the
Commonwealth of Virginia for her expertise and experience; and,
WHEREAS, Mrs. Dixon has impacted the lives and careers of
countless judges, attorneys, law enforcement personnel, and citizens
throughout her distinguished career; and,
WHEREAS, Mrs. Dixon will be retiring from the position of General
District Court Clerk, effective December 31, 1996.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia recognizes and
expresses its deep appreciation for the professional service provided by Mrs.
Ida Virginia Dixon to the citizens of Isle of Wight County for the past
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thirty-seven (37) years.
The motion was adopted unanimously (5-0).
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County Administrator Casket' stated the Board in May. of 1995
authorized staff to .enter into exploratory discussions with the Cities of
Suffolk and Franklin and Southampton County relative to the need for a
juvenile detention center to serve the Western Tidewater: region.
Cindy Rohlf, Assistant to the City Manager, City of Suffolk, requested
the Board consider. funding a needs assessment for a regional juvenile
detention center. to serve the Fifth Judicial District. Ms. Rohlf stated a
consultant will perform a needs assessment for bed space, specify programs
the Judges would like to implement and identify potential funding sources.
Ms. Rohlf stated in March or April the City of Suffolk anticipates presenting
a proposal to the State for their approval and in June begin the process of
submitting a budget amendment to the. State to be submitted for inclusion
in the .Governor's budget by September, 1997. Ms. Rohlf stated the..
approximate cost fora 50-bed facility is $5.5 million.
Supervisor Cofer moved the Board adopt the ,following resolution:.
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RESOLUTION TO APPROPRIATE TEN THOUSAND DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE
GENERAL FUND FOR A NEEDS ASSESSMENT FOR A
REGIONAL JUVENILE DETENTION CENTER
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia recognizes the need. to study the long-term needs of the Fifth
Judicial District regarding the care and confinement of juveniles convicted
or accused of committing crimes; and,
WHEREAS, the Cities of Franklin and Suffolk and the County of
Southampton are interested in working cooperatively with Isle of Wight
County in this regard; and,
WHEREAS, funds in the amount of ten thousand dollars ($10,000)
need to be appropriated from the unappropriated .fund balance of the
General Fund of the budget of Isle of Wight County for a needs assessment
study for a regional juvenile detention center to serve the Fifth Judicial
District.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of .Wight, Virginia that ten
thousand dollars ($10,000) be appropriated from the unappropriated fund
balance of the General Fund of the budget of Isle of Wight County for the
needs assessment study for a regional juvenile detention center to serve the
Fifth Judicial District.
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
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this resolution effect.
The motion was adopted unanimously (5-0).
Dr. Jerome J. Friga, President, Paul D. Camp Community College, was
recognized by Chairman. Bradshaw.
Dr. Friga stated Paul D. Camp Community .College seeks to build a
Regional Work Force Development Center to serve the Western Tidewater
region. Dr. Friga stated that while the regular. academic facilities have a
suitable arrangement for academic programs for preparing students £or
various occupational technical programs and for .the first two years of a
four-year schooling, there is a need for additional space for the special
training needs of employers. Dr. Friga stated the mission of the Center and
its personnel is to provide employers, employees and communities with
technical assessment, training opportunities ranging from short-term
workshops to longer term training and act as a learning consultant for the
region so that governmental institutions and private. employers can assess
their employees. Dr, Friga stated there will also be adequate space for
meetings and conferences as needed throughout the region. Dr. Friga stated
the Paul D. Camp Community College Board has originally invested $10,000
to perform a needs assessment and a $50,000 legislative amendment to the
Governor's budget will be brought to the General Assembly this session for
the architectural planning. Dr. Friga requested the-Board adopt a resolution
of support, so that when the Delegates and Senators speak to this issue in
the. General Assembly, community support for this effort will be recognized.
Dr. Friga stated early estimates are that the proposed building, which will
be located on the Franklin campus, will cost approximately $3.5 million and
will require a local contribution of approximately $500,000 for site
development.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION OF SUPPORT
FOR
THE PAUL D. CAMP COMMUNITY COLLEGE
WORK FORCE DEVELOPMENT CENTER
WHEREAS, a well trained and continuously retrained work force is
vital to the economic well being of this community; and,-
WHEREAS, the "shelf life" of technique and information vital to a
productive work force grows shorter each year;. and,.
WHEREAS, we are now competing in a world market; and,
WHEREAS, agricultural production, processing, manufacturing, and
management are becoming more heavily dependent on rapidly changing
information technology; and,
WHEREAS, regional cooperation is the basis on which to build sound
partnerships; and,
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WHEREAS, .the mission of the PAUL D. CAMP COMMUNITY
COLLEGE REGIONAL WORK FORCE DEVELOPMENT CENTER and its
services is to provide the employer-based services. needed for retraining.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that Isle
of Wight County supports the request to the General Assembly for fifty
thousand dollars ($50,000) in planning funds to accomplish the needed first
step of architectural planning for this project.
The motion was adopted unanimously (5-0).
Dr. Richard Peerey, Chairman of the School Board, thanked the Board
of Supervisors for. its fiscal assistance in the School's capital planning. Dr.
Peerey stated he appreciates the individual efforts the Supervisors have
given the School Board which has made both boards colleagues in
government as opposed to adversarial foes, as in the past.
Dr. Jane T. York, School Superintendent, presented the Board with
costs estimates,. by fiscal year, for the construction of the proposed Windsor
Elementary School. Dr. York requested the Board fund the project.
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Supervisor Cofer stated he is inclined to approve the request, but he
would first like to meet with the Director of Budget and Finance, as well as
the County's financial advisor and have a proposal for the School Board at
the Board of Supervisors' January meeting. Supervisor Cofer stated the
County recently had a bond refinancing which has not yet been run into the
County'sbond indebtedness schedule. Supervisor Cofer pointed out that
over the next several years the County will have bonds which will be paid
off and which will free up funds that are already in the budget.
Dr. York requested the Board appropriate some of the funds tonight.
Dr. York stated the School Board could utilize some of the construction
funds from some of the projects that have not been totally paid out to cover
some of the bills that the School Board would incur between now and the
Board of Supervisors' meeting in January.
Supervisor Spady stated he would prefer that the County's financial
advisor advise"the Board on the County's bond indebtedness, i.e., what will
be paid off in the next several years and how much more the County can
borrow. Supervisor Spady stated if the County's financial advisor advises
the Board to wait six months this may make the difference in the time
construction is initiated, but as far as the first phase, he believes the School
Board could proceed.
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Supervisor Cofer moved the Board approve the request and
appropriate $300,000 -from the unappropriated fund balance of the General
Fund from the current fiscal year and the balance of the funds to be
determined at the Board's January, 1997 meeting. The motion was .adopted
unanimously (5-0).
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Chairman Bradshaw indicated the following Consent Agenda included
Item 2, A through D, and asked if there were. any items for removal:
A. Subdivision Plat of Barton's Landing, Morgart's Beach .Road,
Route 673, Hardy Magisterial District, Hardy Election District
B. Hampton Roads Partnership
C. Delinquent Real Estate Tax Collection Monthly Report
D. November 21, 1996 Regular Meeting Minutes
There being no items requested by the Board members for removal,
Supervisor Claud moved the Board approve all items of the Consent
Agenda. The motion was adopted unanimously (5-0).
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Chairman Bradshaw called for Transportation Matters.
R. Bryan David, Director of Planning and Zoning, stated the VDOT
Resident Engineer had indicated at the Board's November meeting that he
would respond in writing to the status of the listing of specific requests for
assistance by County staff. Mr. David stated to date, he has not received
the .written response from the Resident Engineer. Mr. David suggested the
Board direct him to contact the District Engineer concerning the Resident
Engineer's unresponsiveness to the Board's request for information and
action on various matters.
Chairman Bradshaw moved the Board direct Supervisors Claud and
Bradby and appropriate staff members meet with the VDOT Resident
Engineer and District Engineer to discuss. the County's concerns with
VDOT. The motion was adopted unanimously (5-0).
Linda King of Rescue expressed her concerns with construction on
Route 665, Smith's Neck Road.
Chairman Bradshaw instructed the Director of Planning and Zoning
to follow-up on Mrs. King's concerns with VDOT.
Regarding Raynor Road, Route 681, County Attorney Crook stated he
has forwarded the deed to the last property owners for their signatures,
who. have indicated that they will sign same.
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Chairman Bradshaw called for Citizens Comments.
David Hardy requested the Board's consideration in appropriating the
necessary funds to construct a recreationlcommunity center for the Hard-
Election District near the center of the County. Mr. Hard- requested the
Board include funds for an additional acre to house a fire station an~i re~-ue
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squad.
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Supervisor Bradby stated he looked .forward to working with the
appointed. Central County Park Task Force in making the community center
a reality.
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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 with Citizens Comments
to be continued after the public hearings have been heard. The motion was
adopted unanimously (5-0).
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Chairman Bradshaw called for a public hearing on the following:
A. An Ordinance to Repeal Chapter 14, Sewers of the Isle of Wight
County Code and to Adopt the Following as Chapter 14, Sewers
and Sewage Disposal in the Place and Stead Thereof
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County Attorney Crook stated he had distributed to the Board
members a proposed amendment under Section 14-20 to add Subparagraph
(i) to the Ordinance which is a reduced connection fee for the first twelve
months in the Town of Windsor pursuant to the agreement between the
County and the Town of Windsor. County Attorney Crook stated in
considering this Ordinance, he would also ask that the Board consider the
amendment.
Chairman. Bradshaw called for citizens to speak in favor of or in
opposition to the proposed Ordinance.
Speaking in opposition, Branch Lawson expressed concern with the
50% increase. in the sewer tap fee. Mr. Lawson stated he does not see. the
justification for such an extraordinary increase, especially due to the fact
that the County has little, or no, investment in sewer systems in the County.
Mr. Lawson further expressed a concern that the Planning Commission has
not reviewed the proposed rate increases. Mr. Lawson also expressed a
concern with the effective date of the Ordinance being upon its adoption by
the Board. Mr. Lawson stated the proposed increase is yet another cost to
drive up the cost of housing and affordable housing is becoming a thing of
the past due to fees, cash proffers and additional costs from heightened
subdivision regulations in the County such as curb and gutter. Mr. Lawson
requested the Board allow the people in the building .community a period
of time to grow into the proposed Ordinance.
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Speaking in opposition, Mark Edwards expressed his opposition to the
proposed increase in sewer tap fees.
Speaking in opposition, Bill Brown, President of the Peninsula
Housing and Builders Association, spoke in opposition to the proposed
increase in sewer tap fees. Mr. Brawn stated State law requires that fees. be
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properly attributable to the furnishing of a class of services for .which
charges are made which does not seem to be the case as those building now
would be required to fund improvements in other areas of the County. Mr.
Brown stated any fee increase would affect the affordability of housing as
it would increase the purchase price by .much more than the amount paid
to the County due to a rippling effect. Mr. Brown stated housing
affordability is crucial. to businesses considering relocation in the
community and the availability of such housing for employees will cause
highly desirable businesses. and their tax dollars to bypass the County. Mr.
Brown distributed a pamphlet from the National Associa#ion of
Homebuilders noting the economic impact such fee increases would have
on the County and its economic base.
Representing Donald Russell, Principal of Dominion .Building
Corporation, Al Jones expressed Mr. Russell's concerns with the proposed
sewer tap fees. Mr. Jones .expressed Mr. Russell's concern that the change
is abrupt and requested the Board consider at least allowing for a transition
period wherein the increases are initiated in increments.
Speaking in opposition, Carey White, Sweet Haven Church of God in
Carrollton, expressed a concern with the proposed sewer tap fees. Mr.
White stated. it has been brought to his attention that.a pump will be
required to pump the sewage from the church to the road at a cost of
approximately $8,000. Mr. White requested the Board reconsider the
amount of the proposed. sewer tap fees.
Chairman Bradshaw closed the public hearing. and called for
comments from the Board.
Supervisor Spady stated that while the County does have some
expense involved, he also believes the proposed .fees .may be high.
Supervisor Spady stated when a developer donates water .and sewer
systems to the County he has a difficult time justifying charging the
proposed amounts.
Supervisor Claud stated he understands why a developer or builder
who has a contract to build would have a problem with the connection cost
being an unforeseen cost when they entered into a .contract. Supervisor
Claud stated the residential bi-monthly user fee as advertised is set at a
minimum of $24 per unit, plus $2.50 per thousand gallons for all gallons
over 6,000 and this should be 12,000 gallons based on the discussion.
However, Supervisor Claud stated he recommends the County charge a flat
fee of $12.00 per month, plus. the $2.50 per thousand for all gallons orer
6,000 gallons in the Camptown area where there is a treatment fee charged
to the County by the City of Franklin.
Supervisor Bradby stated the proposed tap fee appears to be high and
he would suggest the Board further re~~ie~~• the rates.
Supervisor Cofer stated he does not have a problem ~~-ith tht~
proposed fees and pointed out the Counh- has an inh'rc`~t particiFuti.~1
agreement with 1-iRSD for ~~thich it is r~~sh.~nsit~lt~ sh~~uld th~~ tZ.~~~• fns^: 3
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large customer stop. Supervisor Cofer stated that while he is not sure .how
it could be monitored, the Board may wish to reconsider the effective date
for ongoing contracts.
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County Attorney Crook advised the Board could set a future effective
date.
Supervisor Spady stated if the County incurs the expense of building
a water line, then a connection fee should be charged as this is a direct
County expense, however, if a developer installs the line and donates same
to the County then the County has no cost involved. Should the County
charge the same amount to connect to the line if the County did not spend
the funds, asked Supervisor Spady? Supervisor Spady.. stated there should
be some type of mechanism in the Ordinance to specify direct County costs
because the connection fee should be relevant to what the costs are for that
system, stated Supervisor Spady.
County Attorney Crook noted he raised this point earlier about the fee
being commensurate with the cost and the consultants recommended the
fees be spread over the entire County as the Board will have to run lines
over areas and make it uniform. County Attorney Crook stated the Board
is not charging fees that are going to be beyond the costs for the entire
County. The County may be charging a particular subdivision more than
what the costs are for that subdivision, but are not more than the County's
costs for the total area, stated County Attorney Crook.
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E. Wayne Rountree, P.E., Director of Public Utilities, stated some
localities provide sliding scales whereas the developer bears the full expense
of installation and another rate where the developer. does not. Some
communities have one rate while .others .have three or four rates, as
proposed here.. In addressing Supervisor Claud's question about effective
dates, the Board could solicit input from the citizens who spoke tonight
regarding how much lee-way should be considered for any outstanding
contracts, suggested Mr. Rountree.
Branch Lawson reiterated he is opposed to any increase, but should
the .Board adopt an increase he would suggest a 50% increase is not out of
order. Mr. Lawson stated July 1, 1997 would be an acceptable time frame
should the Board decide to adopt the proposed Ordinance.
Supervisor Spady stated it is not his intention to impose rates which
will make it difficult to sell property or affect the price of affordable homes.
Supervisor Spady moved the Board table consideration of the Ordinance
until its January, 1997 meeting .for further review. The motion was. adopted
unanimously (5-0).
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B. An Ordinance to Amend Chapter 10 of the Isle of Wight County
Code to Provide in Divisions Two Through Seven Thereof A
Minimum Gross Receipts of $4,000.00 for Application of the
Business License Tax
Chairman Bradshaw called for citizens to speak in favor of or in
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opposition to the proposed Ordinance.
Speaking in favor, Gerald H. Gwaltney, Commissioner of the Revenue,
recommended approval of the Ordinance .which would thereby create a
uniform exemption which would apply universally rather than to a single
category as is now the case.
Hearing no one in opposition, 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 AMEND CHAPTER 10 OF THE
ISLE OF WIGHT COUNTY CODE TO PROVIDE
DIVISIONS TWO THROUGH SEVEN THEREOF A
MINIMUM GROSS RECEIPTS OF $4,000.00 FOR
APPLICATION OF THE BUSINESS LICENSE TAX
BE IT AND IT IS HEREBY ORDAINED by the .Board of Supervisors
of Isle of Wight County, Virginia, that the Ordinance to Impose and Levy
License Taxes on Businesses, Trades, Professions, Occupations and Callings,
adopted April 21, 1988, amended December 6, 1990, and November 16,
1995, and November 19, 1996, as embodied in Chapter 10 of the Isle of
Wight County Code be amended as follows:
Section 10-15. Amount of Tax.
The license tax on each contractor or person engaged in
contracting shall be either thirty dollars. or ten cents per one hundred
dollars of gross receipts when said gross receipts are over four
thousand dollars up to one million five hundred thousand dollars and
six and two-thirds cents per one hundred dollars of gross receipts
over one million five hundred thousand dollars, whichever is greater.
Section 10-20. Amount of Tax.
The license tax on each retail merchant or other person engaged
in retail sales shall be either thirty dollars or twelve cents per one
hundred dollars of gross receipts when said gross receipts are over
four thousand dollars up to one million fi~•e hundred thousand dollars
and eight cents per one hundred dollars of gross receipts. over one
million five hundred thousand dollars, whichever is greater.
Section 10-24. Amount of Tax.
(a) The license tax on each wholesaler shall be thirh~ dollar
or five cents .per one hundred dollars of purchases, ~~-hichzrer is
greater, when said purchases exceed S-1,000.00.
Section 10-27. Amount of Tax.
The license tax on c:aeh ~~rson e~abc~i in fin3n~~,. rc~r ~ .:
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or professional services shall be either thirty dollars or thirty-five
cents per one hundred dollars of gross receipts when said gross
receipts are over four thousand dollars up to one million five hundred
thousand dollars and twenty-three and one-third cents. per one
hundred dollars of gross receipts over one million five hundred
thousand dollars, whichever is greater.
Section 10-32. Amount of Tax
The license tax on each person engaged in any repair, personal
or business service or any other business, occupation or service not
taxed under any other division of this chapter shall be either thirty
dollars or twenty cents per one hundred dollars of gross receipts
when said gross receipts are over four thousand dollars up to one
million five hundred thousand dollars and thirteen and one-third
cents per one hundred dollars of gross receipts over one million five
hundred thousand dollars, whichever is greater.
The motion was adopted unanimously (5-0).
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C. The application of George W. Edwards, .owner and Albert
Upton,. Jr., prospective owner, for a change in zoning
classification from A-1, Agricultural Limited to C-RA,
Conditional Rural Residential, approximately two. (2) acres of
land located on the east .side of Moonlight Road (Route 627)
between Mill Swamp Road (Route 626) and Burwells Bay Road
(Route 621) in Hardy Magisterial District. The purpose of the
application is for one (1) rural residential lot as conditioned.
Chairman Bradshaw called for citizens to .speak in favor of or in
opposition to the proposed application.
Albert Upton, Jr., stated he plans to start a family and build his home
at this site.
Chairman Bradshaw. closed the public hearing and called for
comments from the Board.
Supervisor Bradby moved the Board approve the application of
George W. Edwards, as conditioned. The motion was adopted unanimously
(5-0).
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D. The application of Gene. F. Aston fora .change in zoning
classification from A-1, Agricultural Limited to C-RA,
Conditional Rural Residential, approximately four (4} acres of
land located on the east side of Sugar Hill Road (Route 661)
between Miller Lane and Pine Tree Lane in Newport Magisterial
District. The purpose of the application is for a rural residential
subdivision of three (3) lots as conditioned.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the application.
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Gene F. Aston stated he plans to build a home on Lot A and sell the
other two lots.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Spady moved the Board approve the application of Gene
F. Aston, as conditioned with the amended proffer dated November 11,
1996 as opposed to the earlier proffer of October 9, 1996. The motion was
adopted unanimously (5-0).
E. The application of Ruby F. Williams, etals, owner and Robert F.
Berlucchi, prospective owner, for a change in zoning
classification from A-1, Agricultural Limited #o C-R3,
Conditional Residential Townhouse District approximately thirty
(30) acres of land and to C-B-1, Conditional Business General,
approximately four (4) acres of land located. on the .east side of
Carrollton Boulevard (Route 17) and north side of Sugar Hill
Road (Route 661) in Newport Magisterial District. The purpose
of .the application is for a residential subdivision as conditioned
and general business uses as conditioned.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the application.
Speaking on behalf of Robert F. Berlucchi, prospective owner,
Attorney Al Jones stated as requested by the Planning Commission the
initial proffer amount was increased from $1,500 to $2,000. Attorney Jones
further stated the site plan will be built to County standards;. there will be
a buffer zone; an independent traffic analysis will be performed and the
number of lots has been reduced from 95 to 85. Attorney Jones stated there
was .also the suggestion that there be a light industrial component to the
commercial zone which the Planning Commission recommended be deleted.
Regarding .the availability of the County to provide water to the site,
Attorney Jones stated he has provided the County Attorney a proffer that
specifically is the language suggested by the County Attorney.
Bob Sutherland, Vice President of Realty Consultants, stated he has
worked with Mr. Berlucchi in the past on developments in Williamsburg
and Virginia Beach. Mr. Berlucchi stated he intends to have the main entry
along Route 661 and using heavy vinyl fencing create an entranceway with
divided boulevard and a brick entry sign. Mr. Berlucchi stated he intends
to have only one builder who would build out the property at the rate of
25 to 28 homes per year -for approximately three years, stated Mr.
Sutherland.
Speaking in opposition, Roger Cundiff of Carrollton, stated the new
wave of development will cause. the County serious problems. Mr. Cundiff
stated the application is requesting eighty-five lots to be located on thirty
acres of land and the minimum lot size is 10,000 square feet. Mr. Cundiff
pointed out that approximately 170 children will influx into the schools
from a thirty acre subdivision which will set a precedent for large.
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subdivisions with small lot sizes. Mr. Cundiff stated subdivisions .and
residential developments do not support themselves when it comes to
schools, refuse collection and police. and fire protection. Mr. Cundiff stated
high density housing has to be supported by higher taxes. Mr. Cundiff
requested the Board table the matter and establish a minimum size building
lot, perhaps in the one acre range, to control the rate of development in the
County.
Speaking in opposition, Don Marois, a resident of Cannon Acres,
stated he moved into the County from Hampton due to the rural
atmosphere. Mr. Marois also requested the Board establish a minimum size
lot standard larger than 10,000 square feet.
Chairman Bradshaw closed the public .hearing and called for
comments from the Board.
Supervisor Spady suggested the Board revisit the Draft Zoning
Ordinance and establish some square footage requirements due to the
comments received tonight. Supervisor Spady noted the traffic impart on
Route 17 and Sugar Hill Road was not addressed which he would hike to
review.
County Attorney Crook stated for the .record Attorney Al Jones
provided him with the revised language on the proffers dated December 11,
1996. for the CR-2 and December 10, 1996 for the Conditional B-1.
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Mr. David stated all rezoning applications with the potential of
generating more than 100 vehicle .trips per .day are required to submit a
traffic impact analysis. The Planning Commission did recommend
unanimously the approval of the application. with the condition that athird-
party engineering firm review it. The traffic impact. analysis did not review
the future conditions on Sugar Hill Road, nor has the impact of this
development onto Route 17 been reviewed. A traffic impact analysis was
also not performed on the business side of the fence because there were so
many variable uses, stated Mr. David.
Supervisor Bradby stated due to congestion, it concerned him to see
homes located on less than one-acre lots. Supervisor Bradby further
expressed a concern with the potential traffic impact..
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Regarding the traffic impact, Attorney Jones stated it is a matter of site
plan review as VDOT will require whatever, is necessary in terms of turn
lanes and signalization.
Chairman Bradshaw stated VDOT does not perform an evaluation
until .after the subdivision is built -and the traffic can be counted and the
Board, as a result, does not put a lot of reliance on VDOT as it pertains to
traffic evaluations for planned development.
Attorney Jones stated his client is requesting the application be
approved with the condition that the analysis be made and provided to
both the Board and VDOT so VDOT will have this information available at
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the. time a determination is made of the requirements.. Attorney Jones
stated he would inquire from his client if he would proffer to participate in
the expense of a traffic signal, if required.
At 8:15 p.m., Supervisor Cofer moved the Board take aten-minute
recess. The motion was adopted unanimously (5-0).
The Board returned to open session at 8:25 p.m.
County Attorney Crook stated he has spoken with Attorney Jones who
conferred with his client during the recess and is willing to offer to increase
his proffer from $2,000 per lat to $2,200 per lot in lieu of their contribution
towards the traffic signalization intersection improvements that might
eventually be required at Sugar Hill Road and Route 17. This development
would not, based. on the traffic analysis done, require anything at this time,
however, in looking at the future and in order to expedite the Board's
consideration of the zoning application, the applicant is willing to increase
his proffers by :$200 per lot, stated County Attorney Crook.
Supervisor Spady moved ,the Board approve the application of Ruby
F. Williams, et al, as proffered with $2,200 per lot on December 19, 1996.
Additionally, a third-party traffic engineer is to be retained at .the
developer's expense to review the traffic impact analysis that was provided
with the application. The motion was. adopted unanimously (5-0).
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Supervisor Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for the .continuation of Citizens Comments.
Regarding the Ordinance to Repeal Chapter 16.1 Water, of the Isle of
Wight County Code and to Adopt the Following Ordinance as Chapter 16.1
Water, of said Code Providing Rates and Regulations Therefor, adopted by
the Board at their regular .meeting of November 21, 1996, Branch Law son
stated that while the Ordinance was advertised in compliance with the
appropriate public notice criteria, he feels there was poor notice gi~•en to file
public as it affects all citizens of the County. Mr. Lawson su~ested that in
the future the County circulate a bulletin type notice to those cvho wc~uhi
be affected in the community. Mr. Lawson also expressed a concern kith
the Ordinance. becoming. effective immediately. 141r. Lawson stated the
justification for increasing water and sewer fees is that the funds .-ill bz
used to build appropriate systems in other parts of the Counri~, i.e., P~oute
17 corridor. Mr. Lawson further stated that while it is irnF~~aant fc~r the
County to provide for these .systems, he does not ft?<~1 it %A .air tt~ ~.~.~:ie
existing development that is tied into other s~-stt~ms. dir. La«-s~~n rt~;t~~u
the Board further study the water tap fee increase.
Bill: Brown stated the Peninsula Home Builders Assc~at;on 111L~
~~
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13
eooK ~ 17 :~.;~ ~~7
requests the Board revisit the water tap fee increase. Mr. Brown stated he
would be_ present at the Board's January meeting to present detailed
averages of what other localities are charging for water and sewer tap fees.
1
Roger Cundiff requested the Board take immediate action to revisit
the zoning laws on residential lots where there is water and sewer available.
County Attorney Crook advised Mr. Cundiff that the Board will
conduct a public hearing on a Draft Zoning Ordinance in January which
will set lot sizes and he may wish to provide Mr. David with his comments.
John Wright, developer of Windsor Woods Subdivision, stated there
is a water agreement between the County and the Town of Windsor where
the Town of Windsor agreed to provide water to the County which, in turn,
would provide water to the subdivision. Mr. Wright requested the Board
consider in-its utility review that developers sometimes bring water, sewer
and other infrastructure needs past property that they do not directly
benefit from. Mr. Wright requested the Board revisit the notice procedure
in which it notified the public of the proposed increased water fees.
//
Chairman Bradshaw called for the Community Development report.
1
A. The application of Frank J. Gauthier, et ux, for a Conditional
Use Permit to locate a mobile home, to be occupied by
Kathleen Underwood, daughter, and her immediate family, on
approximately one hundred (100) acres of land located at 9441
Fire Tower Road (Route 644) in Hardy Magisterial District.
Mr. David stated the Board of Zoning Appeals approved a variance
to allow two mobile homes on this property. The Planning Commission
voted 8-1 to recommend approval of the application to the Board, stated Mr.
David.
Supervisor Spady moved the Board approve the application of Frank
J. Gauthier, et ux, with the condition that the mobile home is to be removed
from the property when it is no longer occupied by Kathleen Underwood.
The motion was adopted unanimously (5-0).
B. The application of James E. Shank, Sr., for a Conditional Use
Permit to locate a mobile home, to be occupied by James E.
Shank, Jr., and his immediate family, on approximately seven
and one-half (7.5) acres of land located at 4701 Old Mill Road
(Route 607) in Windsor Magisterial District.
1
Mr. David stated the Planning Commission voted unanimously to
recommend approval of the application to the Board with the condition that
the mobile home is to be removed from the property when it is no longer
occupied by James E. Shank, Jr., and his immediate family.
Supervisor Claud moved the Board approve the application of James
14
8001c ~7 %;:" ;~O
E. Shank, Sr. with the condition that the mobile home is to be removed
from the property when it is no longer occupied by James. E. Shank, Jr. The
motion was adopted unanimously (5-0).
C. The application of Leroy H. Garrison for a Conditional Use
Permit to locate a mobile home to be occupied by Cynthia K.
Stilley, daughter, and her immediate #amily on .712 acres of
land .located at 12041 Smith's Neck Road (Route 665) in
Newport Magisterial District.
Mr. David stated the Planning Commission voted unanimously to
recommend. approval of the application to the Board with the condition that
.the mobile home is to be removed from the. property when it is no longer
occupied by Cynthia. K. Stilley, and her immediate family.
Supervisor Spady moved the Board approve the application of Leroy
H. Garrison with the condition that the mobile .home is to be removed .from
the property when it is no longer occupied by Cynthia K. Stilley. The
motion was adopted unanimously (5-0).
D. The application of the City of Franklin for a Conditional Use
Permit to locate a mobile home to be occupied by the airport
operator for security purposes at the John Beverly Rose Field
Franklin Municipal Airport located on John Beverly Rose Drive
in Windsor Magisterial District.
Mr. David stated the Planning Commission voted unanimously to
recommend approval of the application to the Board with the condition that
the mobile home is to be removed when it is no longer occupied by the
airport operator.
Speaking in favor, Kent Marshall indicated the mobile .home is for his
personal use and will. be moved upon his retirement.
Chairman Bradshaw moved the Board approve the application of the
City of Franklin with the amended condition that the mobile home is to be
removed when it is no longer occupied by the current airport operator, Kent
Marshall. The motion was adopted unanimously (5-0).
E. The application of AAT Communications Corporation, owner,
and AT&T Wireless PCS, Inc., lessee, for a Conditional Use
Permit to place a twelve (12) foot by forty (40) foot .building
adjacent to the existing AAT tower located at 14302 Slant Road
(Route 670) in Newport Magisterial District.
Mr. David stated. the Planning Commission voted unanimously to
recommend approval of the application to the Board.
Supervisor Claud moved the Board approve the application of AAT
Communications Corporation. The motion was adopted unanimously (S-L~).
F. Request by the developers of the Windsor Woods Subdi~~i~it~n
1
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15
for an exemption to the requirements of Section 5000.8.2. of the
County's Chesapeake Bay Preservation Area (CBPA) Ordinance
1
Mr. David stated the Planning Commission indicated its concern
about establishing a precedent to an ordinance which they supported. and
recommended approval of in the past. The Planning Commission voted to
recommend denial of the request to the Board, stated Mr. David.
John Wright, developer of Windsor Woods Subdivision, stated the
development has had some problems in meeting the reserve requirement
of the Health Department. Mr. Wright stated Windsor Woods Subdivision
is requesting the Board allow the discretion of the Health. Department for
the lots which .are experiencing problems with meeting .the reserve
requirement.
Supervisor Claud noted as the area was designed prior to the
Chesapeake Bay Act being passed and the developers are complying with
all other aspects of the Chesapeake Bay Act Ordinance, he would
recommend the Board exempt the lots which do not .have -the 100% reserve
drain field and allow the Health Department to best judge what the
percentage should be.
1
Mr. David stated the language in the Chesapeake Bay"Act Ordinance
states that lots must comply to the maximum extent possible which could
apply in this case in that the lots comply as much as they possibly can and
the Health Department. has stated that they will be requiring anywhere
from 50% to 100% reserve.
County Attorney. Crook noted that sewer will be available in that area
in the near future and the Board may have mandatory connections by then.
Chairman Bradshaw expressed his concern with the size of the
development and the wetness of the area. Chairman Bradshaw asked why
have ordinances if the Board continues to make exceptions to them?
Supervisor Claude moved the. Board approve the request by the
developers of the Windsor Woods Subdivision and waive the provision for
the lots that do not meet the 100% drainfield. The motion was adopted (4-
1) with Supervisors Spady, Bradby, Claud and Cofer voting in favor of the
motion and Chairman Bradshaw voting against. the motion.
,---~
I
J
Mr. David stated Senate Bi11 592 was proposed to address what was.
perceived as excessive or unreasonable regulation of forestry and
silvacultural activities by local governments through the adoption, and
administration and enforcement of local zoning and development
ordinances. Mr. David stated the subcommittee of the General Assembly
voted to refer this legislation to the full committee on the condition that the
Forestry Board and local government groups again attempt to resolve .the
issues outstanding. Mr. David stated the two groups met last week and the
"shifting" language was removed and the language was changed to reflect
that as. long as the. regulation is for the benefit, safety, health and welfare
of the citizens and does not conflict with the purposes of promoting the
16
BOOK 17.E:1GU
growth and beneficial use of privately owned forest land, then it should be
a valid ordinance. Mr. David stated because. the legislation will also
prohibit any local government from imposing a permit fee or a permit of
forestry activities, he expressed his concern to VACo as this is another
.restriction on the County's ability to try to deal with local growth and
funding issues. Mr. David further stated the legislation only allows a local
zoning administrator ten working days to act on a request to review
silvacultural activity. and there may be extenuating circumstances that
would prevent him from responding in that time frame. Mr. David stated
Senate Bill 592 has been reported out of the committee to the House of
Delegates and previously approved by the Senate .with the language as it
appears now. .
Franklin Hall, .Chairman, Virginia Board of Forestry, stated the
Virginia Board of Forestry is attempting to provide uniformity statewide in
forestry management. Mr. Hall requested the Board direct staff to write the
County's elected officials notifying them of the County's support for SB 592
which came out of the committee on December 19, 1996.
Supervisor Cofer moved the Board direct the County Administrator
write the County's elected representatives in the General Assembly stating
the County's support for SB 592 that came out of the committee on
December 19, 1996 and that the Executive Director of VACo, the Chairman
of the Board of Forestry and the President of the Virginia Forestry
Association be advised the County does not have. a problem with it in our
jurisdiction.. The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT
APPLICATION FOR THE CREATION OF A SANITARY FACILITY
AND AN ONSHORE DUMPING STATION FOR THE TYLER'S
BEACH BOAT HARBOR AND TO ACCEPT AND APPROPRIATE
ONE THOUSAND DOLLARS O1Z SO MUCH AS SHALL BE
RECEIVED FROM THE CLEAN VESSEL ACT FUNDS AS
ADMINISTERED BY THE VIRGINIA DEPARTMENT OF HEALTH
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, hereby supports and authorizes the submission and receipt of a
grant from the Clean Vessel Act Funds as administered by the Virginia
Department of Health for -the creation of a sanitary facility as well as an
onshore dumping station at the Tyler's Beach Boat. Harbor; and,
WHEREAS, the funds in the amount of one thousand dollars ($1000)
or so much as shall be received from the Clean Vessel Act Funds, as
administered by the Virginia Department of Health, need to be appropriated
to the capital projects budget of the County of Isle of Wight, Virginia..
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County. of Isle of Wight, Virginia, that one thousand dollars ($1000)
or so much as shall be appropriated in the 1966-1997 Capital Budget of the
County of Isle of Wight, Virginia, for. the creation of a sanitary facility as
1
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17
BOCK '11; .:, ~U~
well as an onshore dumping station for the Tyler's Beach Boat Harbor.
1
NOW, THEREFORE, BE IT FURTHER RESOLVED that the County
Administrator of the County of Isle of Wight, Virginia, is authorized to
make the appropriate accounting adjustments on the Capital Budget for this
grant and to do all things necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
Mr. David presented for the Board's consideration the Project
Cooperation Agreement for the dredging of the Jones Creek Navigation
Channel. Funding by the County has been reduced to $57,900 and the
County will receive half that amount from the Virginia Port Authority,
stated Mr. David.
Responsive to the County Attorney's .concern relative. to the hold
harmless clause, the Board Chairman authorized the County Attorney to
properly notify the Corps of the County's opposition to the' clause,. if
deemed necessary.
1
Supervisor Spady moved .the Board authorize the County
Administrator to execute the Project Cooperation Agreement with the Army
Corps of Engineers to implement the dredging of the Jones Creek at such
time as the Army Corps of Engineers requests and subject to the County
Attorney's approval as to form. The motion was adopted unanimously (5-
0).
Regarding solid waste management, County Attorney Crook advised
he has not reviewed the draft RFP and cannot make a recommendation to
the Board at this point.
Supervisor Cofer moved the Board table consideration of the matter
until the Board's January, 1997 meeting to allow the County Attorney
additional time to study the proposed RFP. The motion was .adopted.
unanimously (5-0).
Regarding the Camptown/Lee's Mill Road site, Mr. David stated the
Franklin City Attorney is currently reviewing the lease agreement and has
requested information pertaining to the project's design. The lease
agreement, the project and authorization for the County to .amend the
closure plan will have to be .reviewed and .approved by the Franklin City
Council at their January 27, 1997 meeting stated Mr. David.
Chairman Bradshaw requested the County Administrator contact the
Franklin City Manager to request the matter be considered on their. agenda
at their first meeting in January.
C~
Regarding the proposed Isle of Wight County Zoning Ordinance, Mr.
David stated he has discussed with the County Attorney the impact on tax
revenues and possible .impacts on .farmland in the Development Service
Districts. Mr. David requested the Board set a work session to .further
discuss the issue.
18
eo~K 17 .r:10`~
The Board indicated it would continue its meeting tonight for the
purpose of a work session on the proposed Zoning Ordinance.
//
Chairman Bradshaw called for the County Attorney's Report.
County Attorney Crook distributed a letter to the Board regarding the
Tyler's Beach Boat Harbor Agreement. County Attorney Crook stated the
County has a Boat Harbor Committee that operates the harbor and some of
these rules and .requirements of .the Game and Inland Fisheries, i.e., the
operation of the harbor has been delegated to ~ the .Committee and the
provisions of this Agreement should be made known to the Tyler's Beach
Boat Harbor Committee.
Supervisor Claud moved the County Attorney. refer copies of the
Agreement to the Harbor Committee for their review and recommendation.
The motion was adopted unanimously (5-0).
County Attorney Crook stated the Deed from the Public Service
Authority to the Board of Supervisors has been approved conveying all
water systems, easements, wells, and other assets. County Attorney Crook
recommended the Board of Supervisors approve and accept the Deed and
authorize the Chairman to sign same on behalf of .the County.
Supervisor Claud moved the Board accept the Deed and authorize the
Chairman to sign same conveying all water systems, easements, wells, and
other assets from the Public Service Authority to the Board of Supervisors.
The motion was adopted unanimously (5-0).
County Attorney Crook stated regarding compensation for attendance
at meetings for the Substance Abuse Advisory Council, the policy adopted
by the Board is to pay $50 per meeting for everyone who attends aCounty-
appointed Board/Commission/Committee meeting, not to exceed one
meeting per month. County Attorney Crook stated one issue is that the
Board has County employees who serve on
Boards/Commissions/Committee who are .not compensated for serving and
there are large advisory boards that have never received compensation.
County Attorney Crook stated Statute 15.1-33.2 of the Code of Virginia
states .the local governing body may provide for reimbursement of actual
expenses incurred by members while serving on such advisory
Boards/Committees/Commissions and compensation to members for their
services not to exceed $50 per. meeting.
Supervisor Cofer moved the Board request Mr. Robertson provide the
Board with a report on those County personnel who attend night and/or
day meetings (salaried personnel and hourly. personnel) and the impact, if
implemented. The motion was adopted unanimously (5-0).
Regarding Town of Smithfield/Isle of Wight County annexation,
County Attorney Crook distributed a copy of a letter he prepared to the
Commission on Local Government which forwards to them the information
r
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19
eooK ~ 17 ..,,:.1U3
the Commission previously requested (with requested documentation) and
which will be hand delivered.
1
1
Regarding .the reassessment of properties, County .Attorney Crook
stated he has met with the Commissioner of the Revenue and is distributing
information to the Board the Commissioner prepared at his request.
Gerald H. Gwaltney, Commissioner of the Revenue, stated the Board
could hire an outside appraisal firm or the Commissioner of the Revenue
or a Board of Assessors to perform general reassessments. Reasons why
localities .prefer to go to a full-time reassessment program are .there can
more construction than can be picked up by the Commissioner of the
Revenue and closer assessments at 100% can be accomplished which
receives more money from the Public Service Corporation. Two of the most
important reasons found for inhouse reassessments are a more equitable
assessment for the citizens of the County and a bi-annual assessment will
smooth out large deviations that might be found over afour-year period.
A first bi-annual. reassessment is estimated to cost $332,124 or an average
of $22.00 per parcel with the second bi-annual assessment dropping to
approximately $18.00 per parcel. Should the Board prefer to go with a
reassessment office in the Commissioner's Office there is a possibility that
there could be funding. from the Compensation Board as this office is a
function that is recognized by the Compensation Board. Mr. Gwaltney
distributed information and a reassessment schedule for the Board's
consideration.
The members of the Board indicated they would like additional time
to study the information and schedule provided by the Commissioner of the
Revenue.
Turner Trice requested the Board .adopt a resolution contained in the
agenda under the County Administrator's section supporting tax exempt
status for the FFA-FHA/HERO Educational and Recreational Center at
Morgart's Beach.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION SUPPORTING TAX EXEMPT STATUS
FOR THE FFA-FHA /HERO EDUCATIONAL
AND RECREATIONAL CENTER
AT MORGART'S BEACH
WHEREAS, the FFA-FHA/HERO Educational and Recreational Center
is located at Morgart's Beach in Isle of Wight County, Virginia and. is used
during the summer for leadership and church camps and by civic
organizations .for retreats or picnics; and,
1
WHEREAS, the FFA-FHA Camp Association is a non-profit
organization owned by the Virginia Associations of Future Farmers of
America and the Future Homemakers of America; and,
WHEREAS, the FFA-FHA Camp Association is requesting that it be
20
ao~~ 17.~:~1U4
exempt from paying county real estate taxes.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that Section 58.1-3619 of the Code
of Virginia be amended to include the FFA-FHA/HERO Center.
The motion was adopted unanimously (5-0).
County Attorney Crook stated he could find no enabling authority for
the Board to regulate cyclists.
County Attorney .Crook stated he has received an inquiry concerning
a leash law for cats and noted the County's lease law does not apply to cats
nor does the State enabling statutes.
County Attorney Crook noted he had two matters for executive
session later in the meeting.
//
Chairman Bradshaw called for.. the County Administrator's report.
Regarding the annual financial report, County Administrator Caskey
distributed a letter from the CPA conducting the annual audit.
Anne F. Seward, Director of Budget and Finance, stated the audit
manager has promised a report to the Board by the end of the month.
For the Board's discussion, County Administrator Caskey presented
a request from the School Board for funds in the amount of $590,850.
Supervisor Spady moved the Board approve the request of the School
Board for funds in the amount of $590,850. The motion was adopted
unanimously (5-0).
County Attorney Crook recommended the Board approve the sewage
collection .system agreement with the Town of Windsor which has .been
approved by the Town Council of Windsor.
Supervisor Claud moved the Board approve the Windsor Sewer
Agreement .and authorize the Chairman to sign same. The motion was
adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following amended
resolution which directs the funds to the Public Utilities Department:.
RESOLUTION TO AUTHORIZE A LOAN OF
SEVENTY SIX THOUSAND THREE HUNDRED TWO
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE
OF THE GENERAL FUND TO THE ISLE OF WIGHT COUNTY PUBLIC
UTILITIES DEPARTMENT FOR NORTHERN DEVELOPMENT SERVICE
DISTRICT WATER FEASIBILITY REPORT
1
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21
9o~K ~ 17 .~~:~ 105
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia hereby agrees and authorizes an interest free loan of seventy six
thousand three hundred two dollars ($76,302) to the Isle of Wight County
Public Utilities Department for payment of a water feasibility report in the
Northern Development Service District; and,
WHEREAS, the Virginia Water Project has committed to a grant to the
County in the amount of thirty six thousand eight hundred thirty dollars
($36,830) to partially offset the expense of this work; and,
WHEREAS, the funds in the amount of seventy six thousand three
hundred two dollars ($76,302) need to be appropriated from .the
unappropriated fund balance of the General Fund for an interest free loan
to the Isle of Wight Public Utilities Department.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia, that seventy
six thousand three hundred two dollars ($76,302) be appropriated from the
unappropriated fund balance of the General Fund for an interest free loan
to the Isle of Wight County Public Utilities Department for the payment of
a water feasibility report in the Northern Development Service District.
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.
1
The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION SUPPORTING THE LEGISLATIVE. PROPOSALS
OF THE ISLE OF WIGHT SCHOOL BOARD FOR
THE 1997 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the .General Assembly considers .numerous issues that
affect public education in the Commonwealth of Virginia; and,
WHEREAS, the County of Isle of Wight School .Board has specific
interest in .issues impacting the County's School System directly and
indirectly; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia supports the legislative proposals offered by the. Isle of Wight
County School Board regarding .public education; and,
1
WHEREAS, such support should be conveyed to the Isle of Wight
County General Assembly Delegation.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight supports the legislative
proposals developed .and offered by the Isle of Wight County School Board
22
eo~K 17 . ~10e
regarding public education issues which will be considered during the 1997
Session of the Virginia General Assembly and directs that said support be
conveyed via this resolution to Isle of Wight County's General Assembly
Delegation.
The motion was adopted unanimously (5-0).
Donald T. Robertson, Assistant to the County Administrator/Director
of Human Resources,. stated he was requested by Jack Finley, Virginia Fire
Programs, to present for the Board's consideration restoration of $600,000
in funds deleted. from .the Fire Programs budget in the 1996 General
Assembly session. Mr. Finley's organization also would like to see the
language remain intact regarding the heart/lung issue, stated Mr.
Robertson.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION SUPPORTING THE LEGISLATIVE ISSUES
OF THE VIRGINIA FIRE SERVICES BOARD
WHEREAS, the Virginia General Assembly considers numerous issues
that affect volunteer emergency services such as volunteer fire departments;
and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has specific interest in issues impacting the funding of emergency
services directly. and/or indirectly; and,
.WHEREAS, the Virginia Fire Services Board advocates legislative
positions in support of .local emergency service organizations in Isle of
Wight County.
NOW, THEREFORE, BE IT AND IT IS .HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia endorses the
following legislative positions adopted by the Virginia Fire Services Board
during the 1997 Session of the Virginia General Assembly:
1. Support of the restoration of $600,000 taken out of the Fire
Programs budget during the 1996 General Assembly Session.
2. Support of the Fire Ser
currently included in Sec
regarding the "'heart-lung
not be amended.
ices Board position that language
ion 65.2-402 of the Code of .Virginia
presumption for disability or death"
BE IT FURTHER RESOLVED that said support be conveyed via this
resolution to Isle of Wight County's General Assembly Delegation.
The motion was adopted unanimously (5-0).
Regarding a central County recreational facility, Count• Administrata~r
Caskey noted that included in the Board's agenda is a partial Iisti~; ~~t
1
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23
BocK ~ 17 .;.:~-ZU7
recommended names from the Chairman of the lead group for the Board's
consideration.
Supervisor Claud moved the Board approve the list of recommended
appointees and to also appoint David Hardy and Herb DeGroft .and that
additional names of individuals to be appointed be .added by other districts.
The motion was adopted unanimously (5-0).
Regarding the Isle of Wight Volunteer Rescue Squad building roof.
repairs, County Administrator Casket' noted the Smithfield Town Manager
has indicated the.. Town's Finance Committee will ..provide their
recommendation in early January, 1997. -
Supervisor Cofer moved the Board table consideration of the matter
until its January, 1997 meeting. The motion was adopted unanimously (5-
0).
County Administrator Casket' noted for the Board's information a
Regional Committee meeting was held consisting of Chairman Bradshaw,
Edna King and two (2) governing body members from the City of Franklin
and Southampton County. County Administrator Casket' distributed
information provided by Dewberry & Davis which is .preparing a water
surface study for the Committee.
1
County Attorney Crook noted he had been requested to conduct some
research for the Regional Committee regarding the. City of Norfolk's~~ water
transmission from the Nottoway and Blackwater Rivers.
County Administrator Casket' noted :for the Board's information the
regional economic development marketing discussion at the Committee
meeting directed that the economic development directors meet. to derive
conclusive findings and discuss whether or not there is a cost benefit to
participate in this regional marketing effort. County Administrator Casket'
stated as the matter is preliminary at this point, it will be further addressed
at a later date.
Chairman Bradshaw suggested the County Administrator set up a
meeting with the City of Franklin to pursue water issues under regional
cooperation...
Regarding the draft Compensation and Classification Study, Mr.
Robertson presented a revised schedule for the Board's consideration. Mr.
Robertson stated he had received additional information today from the
consultants which he would like to further review before disseminating to
the Board.
1
The Board. discussed a work session to be held on January 27, 1997 at
1:00 p.m. County Attorney Crook noted he had a jury trial scheduled for
that date and would not be present.
County Administrator Casket'. referred to a preliminary report on
Boykin's Tavern from the Superintendent of Inspections for the Board's
24
BOCK i / ''I.:' i.~\/
information. County Administrator Caskey stated the Superintendent will
have cost estimates for the Board's consideration at their January, 1997
meeting.
Chairman Bradshaw moved the Board adopt the following resolution.
RESOLUTION TO ACCEPT AND APPROPRIATE SEVEN
THOUSAND FIVE HUNDRED DOLLARS FROM THE RUTH CAMP
CAMPBELL FOUNDATION; TWO THOUSAND DOLLARS FROM
THE CAMP MOUNTS FOUNDATION; .TWO THOUSAND DOLLARS
FROM THE CAMP FOUNDATIONS FOR FIRE AND RESCUE
SERVICES IN THEIR DISTRICT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a donation for fire and rescue services; and,
WHEREAS, the funds in the amount of eleven thousand five hundred
dollars ($11,500) need to be appropriated. to the appropriate fire and rescue
line items in the 1996-97 budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that eleven
thousand five hundred dollars ($11,500) be accepted and appropriated to the
Carrsville Volunteer Fire Department line item ($5,500), Windsor Fire
Department line .item ($2,500), and the Windsor Volunteer Rescue Squad
line item ($4,500) in the 1996-97 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in thebudget for this program and to do all things
necessary to give this. resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey noted he had several matters for
executive session later in the meeting.
//
Chairman Bradshaw called for Old Business.
Regarding Supervisor Bradby's request at the Board's previous
meeting, Supervisor Claud moved the Board approve the purchase of two
(2) hand-held radio units for the Rushmere Volunteer Fire Department and
that such costs be covered by the Capital Budget Contingency Account. The
motion was adopted unanimously (5-0).
Supervisor Bradby requested staff's assistance in replacing/repairing
the sign at the Rushmere Volunteer Fire Department.
//
1
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25
BOOK ~ ~~ ~.: ~1U9
Chairman Bradshaw called for New Business.
There was no new business offered for discussion by the Board.
//
Supervisor Cofer moved the Board appoint Gayle B. Brown to fill the
unexpired term of Frank Hall on the Board of Zoning Appeals from the
Smithfield Election District.. Ms. Brown's term will expire in May of 2001.
The motion was adopted unanimously (5-0).
Chairman. Bradshaw called. for Appointments.
Chairman Bradshaw moved the Board reappoint William H. Barrett
to the Western Tidewater Community Mental Health and Retardation
Services Board (Chapter 10) for an additional three-year term which will
expire in December of 2000. The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board continue having Phillip Bradshaw
serve on the Hampton Roads Partnership. The motion was adopted
unanimously (5-0).
//
1
County Administrator Casket' requested an executive session under
Section 2.1-344 Al concerning consultation with staff and counsel on a
personnel matter; under Section 2.1-344 A3 of the Freedom of Information
Act concerning acquisition and/or use of public property for public
purposes and advice of counsel in the use of public property.
County Attorney Crook requested an executive session under Section
2.1-344 Al concerning consultation with staff and counsel on two personnel
matters and under Section 2.1-344 A7 concerning two matters for advice of
counsel relative to potential litigation and contract negotiations and other
legal matters requiring advice of Counsel.
At 10:35 p.m., Supervisor Spady moved. the Board enter executive
session for the reasons stated by the County Administrator and County
Attorney. The motion was adopted unanimously (5-0).
Upon returning to open session at 11:05 p.m., Supervisor Claud
moved the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
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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
26
eoen 17:x.:110
conformity with Virginia law;
NOW, THEREFORE, BE TT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open :meeting requirements by
Virginia law were discussed in the executive meeting to which this
certification resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were heard,
discussed or considered by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board approve the tax abatement on
parcels 2201001A and 1B with the Town of Smithfield that was discussed
in executive session pursuant to a court order. The motion was adopted
unanimously (5-0).
//
At 11:08 p.m., Supervisor Spady moved the Board continue its meeting
to Tuesday, January 7, 1997 at 2:00 p.m. for the purpose of discussing the
proposed Zoning Ordinance. The motion was adopted unanimously (5-0).
~~
enry H. Bradby, Chairman
W. Dou as askey Cler
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