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08-21-1997 Regular Meeting$~~~ 1`~ .A~~~7~, REGULAR MEETING. OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED NINETY SEVEN PRESENT:. .Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice Chairman O. A. Spady Malcolm T. Cofer Phillip A. Bradshaw 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, Recording Secretary Chairman Bradby called the meeting to order at 6:00 p.m and delivered the invocation. // Chairman Bradby called for Special Presentations. Glen Slade, informed the Board of a program initiated by the. Virginia Cooperative Extension Service, Virginia State University and Natural Resource and Conservation Service of the USDA which provides limited resources to social and disadvantaged farmers in the County and the. Cities of Suffolk and Chesapeake. // Chairman Bradby indicated. the following Consent Agenda included Item 2, A through E, and asked if there were any items for removal: ' There being no items requested by the Board members for removal, Supervisor Cofer moved the- Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). // Chairman Bradby called for Transportation Matters. John Edwards, Planner/GIS Coordinator, noted for the Board's information that VDOT has terminated its contract with Abernathy Construction Corporation. to construct the Janes Creek Bridge. Such .termination came as a result of a design flaw in the approach and time is needed to redesign, stated Mr. Edwards. 1 ,~. aa~~ 17:~r~~77 Supervisor Spady moved the Board adopt the following resolution: RESOLUTION WHEREAS, the streets of Plantation Lane (Route 1414 extended), Autumn Court and Maple Court are shown on plats recorded in the Clerk's Office of the Circuit Court of Isle of Wight County; and, WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets .into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets of Plantation Lane (Route 1414 extended), Autumn Court and Maple Court to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's ,subdivision, Street Requirements; and, BE IT FURTHER RESOLVED, .this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills and drainage; and, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION 1 WHEREAS, the streets of Canteberry Lane (Route 101$ extended), Winchester Place (Route 1022 extended), and Nottingham Place, are shown on plats recorded in the Clerk's Office of the Circuit Court of Isle of Wight County; and, WHEREAS, the Resident Engineer for. the Virginia Department of Transportation. has advised this Board .the streets. meet the requirements established in accordance with secondary. road .policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance .relating to acceptance of streets into the State's Secondary Road System. 2 ~~~« 1? ~~:.37~ NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets of Canteberry Lane (Route 1018 extended), Winchester Place (Route 1022 extended), and Nottingham Place to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's subdivision S eet Req_ia~rements; and, BE IT FURTHER RESOLVED, this Board guarantees a clear .and unrestricted right-of--way, as described, and any necessary easements for cuts, fills and drainage; and, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The motion was adopted unanimously (5-0). I/ Chairman Bradby called for Citizens Comments. Speaking to the issue of the dumpster site at Wrenn's Mill Subdivision, Elva Colburn, Andy Colburn and Charles- Davis urged the Board to relocate the existing dumpster site to the Rushmere Food Mart. Chairman .Bradby notified .the Board members that the owners of the Rushmere Food Mart have agreed to allow the County to locate a convenience. center at the Rushmere Food Mart. Chairman Bradby noted this site can be unmanned, has no lighting requirements and will be convenient for residents. In addition, three green box sites (Burwell's Bay, Tyler's Beach. and Wrenn's Mill Estates) can be eliminated. The only associated cost will be the concrete slabs that the containers will be placed on, stated Chairman Bradby. Walter Hardy, co-owner of the Rushmere Food Mart, noted the attendance of Wilton Wells and Thomas Hardy, -also co-owners, Mr. Hardy stated the location of a convenience center at the Rushmere Food Mart would result in a savings to the residents of the County. Further, he did not believe the residents. of Surry would utilize this site as Surry also has its own dumpster site located close to the County line. Mr. Hardy stated the proposed site has sufficient room to locate five dumpsters and, if needed, additional dumpsters. could be added. Responding to Supervisor Bradshaw's request for clarification to the Board and the public on what a convenience center consists of, Ludford T. Creef, III, Director of Public Works, explained that convenience centers accommodate the disposal of household trash, limbs, oil, and white goods. Convenience centers are located in a controlled environment and have fences, dusk to dawn lights and an attendant, stated Mr. Creef. 3 r~ eooK ~ 17 :r;:f~7~ 1 Chairman Bradby expressed his hope that the Board would alter its plans .and listen to the residents of the Wrenn's's Mill Estate community who wish the County to develop a convenience center at the Rushmere Food Mart rather than near Wrenn's Mill Estate Subdivision. John Springfield, homeowner in Ashby Subdivision, reiterated his concern with construction activities in Phase III of Ashby Subdivision. Mr. Springfield distributed a copy of a brochure which was previously provided to homeowners as their homes were being built. Mr. Springfield stated homeowners in Ashby Subdivision, Phase I, were told that all homes in Phase III would be as big or bigger than the homes constructed in Phase I. Mr. Springfield stated a third home is currently being constructed in Phase III which consists of only.690 square feet on the ground floor. Mr. Springfield stated there are currently twenty- eight (28) homes being proposed for Phase III rather than the original proposal of eighteen (18) and the road being installed is a great deal more narrow than the existing road leading into Phase I. Mr. Springfield requested the Board's .assistance in stopping construction in Phase III until it is determined that the homes in Phase III will not decrease property values in Phase I. Mr. Springfield suggested a meeting be set to include interested Board members, the developer and the owners of the property in hopes of finding a solution to this issue. Michelle Manfred, homeowner in Ashby Subdivision, Phase I, stated she was misled into believing that homes built after hers would be of similar size, if not larger, and that a homeowners association was in effect. Sharon Springfield, homeowner, Ashby Subdivision, Phase I, stated the homeowners of Phase I were not properly notified when the developer of Phase III changed how the development was originally planned. William Cook, homeowner in Ashby Subdivision, Phase I, stated he specifically sought a community with restrictive covenants to protect his property value when he purchased his home in Ashby Subdivision, Phase I, and requested the Board take appropriate action to resolve .this issue. Alvin Ray, homeowner in Ashby Subdivision, Phase I, stated the rules changed in the middle of construction in this situation. Evelyn Chandler, on behalf of the Isle of Wight County Historical Society, urged the Board to protect and preserve Boykin's Tavern. Ms. Chandler noted Boykin's Tavern is included in the Comprehensive Plan as an Isle of Wight historic site and listed as a Virginia State landmark and the National Register of Historic Places. Ms. Chandler stated Boykin's Tavern can. be a tool for education, live history for children, tourism and economics. Ms. Chandler shared with the Board a letter from Governor George Allen encouraging the Board to ..renovate Boykin's Tavern. Frances Wiley, member and Past President of the Isle of Wight Historical 4 8D41c ~ / rtiir~•J~l/ Society, stated the Isle of Wight Historical Society is interested in renovating the Tavern and urged the Board to include the Tavern in the Courthouse's architectural family. Hazel Delk of Mill Swamp Road stated the Tavern, built prior to 1800, is in need of a vision of what the Tavern can mean to the County. Ms. Delk recommended bringing children to the Courthouse for a presentation, to include a visit to Boykin's Tavern for a lesson in history that many of them would never forget. Ms. Delk urged the Board to accept the Planning Commission's recommendation to preserve Boykin's Tavern. Rudolph Jefferson requested the Board consider locating a convenience center at the Rushmere Food Mart which would be more convenient for the residents, more user friendly and involve less traffic. // At 7:00 p.m., Supervisor Bradshaw moved the Board. amend the order of the .agenda in order to conduct the public hearings.. The motion was adopted unanimously (5-0). // Chairman Bradby called for a public hearing on the following: 1. The application of Howard A. Layden, Jr. and Bobby G. Layden, owners and Clayton's Auto Part, Inc., prospective owner, for a change in zoning classification from C-GC, Conditional General Commercial to C-RAC, Conditional Rural Agricultural Conservation, approximately two (2) acres of land located at 15457 Carrollton Boulevard, in Newport Magisterial District. The purpose of the application is for the expansion of Clayton's Auto Parts junkyard, as conditioned. , Supervisor Glaud moved the Board hear the rezoning application and the Conditional Use Permit of Howard A. Layden, Jr. and .Bobby G. Layden simultaneously. The motion was adopted unanimously (5-0). 2. The application of Howard A. Layden, Jr. and Bobby G. Layden, owners and .Clayton's Auto Parts,. Inc., prospective owner, for a Conditional Use Permit on the expansion of Clayton's Auto Parts junkyard on approximately two (2) acres of land located at 15457 Carrollton Boulevard, in Newport Magisterial District. Chairman Bradby opened the public hearing and called for comments from those in favor of or in opposition to the rezoning application and Conditional Use Permit of Howard A. Layden, Jr. and Bobby G. Layden, owners and Clayton's 5 ~1 BaeK ~7 ~„~~~~~ Auto Parts, -Inc., prospective owner. Fred Yates, President of Clayton's Auto Parts, Inc., requested the Board approve expanding the junkyard, as conditioned. Chairman Bradby closed the public hearing and called for comments from the Board.. .Supervisor Spady moved the Board approve the .rezoning application of Howard A. Layden, Jr. and Bobby G. Layden, owners and Clayton's Auto Parts, Inc., prospective owner.. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board approve the Conditional Use Permit. of Howard A. Layden, Jr. and Bobby G. Layden, owners and Clayton's Auto Parts, Inc., prospective owner. The motion was adopted unanimously (5-0). Chairman Bradby called for a public hearing on the following: 1 3. The application of Toler Contracting Company, Inc. to amend C-LI, Conditional Light Industrial zoning of approximately nine (9) acres of land located on the west side of Sugar Hill Road (Route 661), in Newport Magisterial District,. at 24011 Sugar Hill Road to allow a communication tower with a Conditional Use Permit. Supervisor Claud moved the Board hear the conditional zoning amendment application and Conditional Use Permit of Toler Contracting Company, Inc. simultaneously. The motion was adopted unanimously (5-0). 4. The application of Toler Contracting Company, Inc., owner and PrimeCo Communications, lessee, for a Conditional Use Permit to erect a communications tower of one hundred eighty-five (185) feet in height and an equipment cabinet area at the base of the tower, at 24011 Sugar Hill Road, in Newport Magisterial District. Mr. Edwards noted if the amendment application and Conditional Use Permit application of Toler Contracting Company, Inc. are approved by the Board, the Clayton's Auto Parts, Inc. application fora Conditional Use Permit .will be withdrawn. Chairman Bradby opened the public hearing and called for comments from persons in favor of or in opposition to the proposed conditional zoning amendment application of Toler Contracting .Company, Inc. and the Conditional Use Permit of Toler Contracting Company, Inc., owner. and.: PrimeCo Communications, lessee. Glen Hampton, Attorney with McQuire, Woods, Battle and .Booth, representing PrimeCo Communications, noted the Clayton Auto .Parts site not 6 e~o~c ~7 rs;;~:3~~ only met the criteria for good coverage through the northern part of the County, but the structure would be located behind an automotive parts yard making only the top of the tower visible. Mr. Hampton stated the Planning Commission heard the issue on Apri18, 1997 and recommended denial because the tower would be located 460 feet from the highway instead of the required 500 feet. As a result, an alternative site was considered (the Toler Contracting Company, Inc. site), which was unanimously approved by the Planning Commission, and which is located approximately 600. feet off the road in a heavily wooded area. Mr. Hampton stated the reason the Toler site was not originally chosen was because that site is located closer to residential homes and PrimeCo attempts to avoid contact with residential homes because residents would rather not be close to towers. Mr. Hampton stated the Telecommunications Act of 1996 showed health issues are not a criteria for land use. Speaking in opposition, Samuel Eure, property owner off of Sugar Hill Road, expressed a concern with electromagnetic radiation emitted from communications towers and its affect on the human body. Mr. Eure stated that while it appears that there are no sufficient long-term studies to document all of the ills that come from radiation .from wireless communication, there are hundreds of cases where cancers are observed in populations that are located within 500 yards of communications towers. Mr. Eure stated approval of this application will restrict the use of his property because he would. like to build a home on property located within 200 feet of the proposed tower, but he will. not move into an area that. has evidence of a severe health hazard, especially for children. Mr. Eure presented a petition to the Board containing the signatures of twenty-three residents in the Sugar Hill area who object to the Toler site. Vernell Eure referred to information she obtained from the Internet which states that towers should not be located close to residences. Mrs. Eure stated there. is insufficient research at this point regarding the harm that towers can present to future generations. Thurston Brown, homeowner off of Sugar Hill Road, spoke in opposition to the application . citing a concern with daily radiation exposure, decreased property values, and the continuous buzzing sound emitted by such towers. Jack Wilkerson, speaking on behalf of Elmond Gray and Horace Gray, stated the Norsworthy tract is currently zoned for single and multi-family homes and it is anticipated that within the next five years development of this property will begin. Mr. Wilkerson stated the proposed tower site is located within 200 feet of the Norsworthy property owned by the Grays. Mr. Wilkerson also distributed a letter from Branch Lawson of Gatling Pointe addressing this issue. Mr. Wilkerson expressed a concern about the perception by potential buyers of property that towers are unhealthy which would affect the value of the land.. Supervisor Bradshaw inquired if there were homes located within 200 feet of the proposed application. 1 1 1 7 Mr. Edwards stated the County's Telecommunications Ordinance requires that a tower not be constructed within 200 feet of an existing residence or residentially zoned properties. The tower on the proposed site would have to be at least 200 feet from the property lines, stated Mr. Edwards. Supervisor Spady noted the Clayton site is an ideal site and the reason the Planning Commission objected was because it wanted the tower located out of the Highway Corridor Overlay District. Supervisor Spady further noted that the Toler site is located further off Route 17, however, there are numerous citizens objecting. Supervisor Spady asked Attorney Hampton to address the electromagnetic radiation issue. Attorney Hampton stated an electromagnetic radiation. study is performed for each site because many of residents' fears are not well founded. Attorney Hampton further stated the Telecommunications Act governs what is being .proposed and it has determined that this issue is not a land use relative issue and that these uses are safe. i~ Mr. Eure pointed out that opposition was voiced at the Planning Commission meeting, but. the problem was that the. letters announcing the meeting were delivered on the day of the meeting. Mr. Eure urged the Board to speak with any health care provider who is familiar with ionizing radiation and inquire if helshe is seeing any outbreak of cancer of the brain and leukemia in children who live near towers. Mr. Eure referred to an extract from the Internet which states that many citizens argue. that the aesthetic impact of towers and dishes lower residential property values, however, there are many concerns about the electromagnetic emission from towers and antennas and whether or not they are safe for locations near residential areas. Although the Telecommunications Act passed, there is language which indicates health concerns. Since the Planning Commission meeting, he has spoken with the neighbors on Sugar Hill Road to find out when they received their letters and most stated they did not. Mr. Eure requested the Board not look at the Planning Commission's meeting as being an accurate reflection of the community as it does not represent the true feelings of the community which is why he gathered a petition. to present to the Board. Joseph Mitchell, .Vice President, Toler Contracting Company, Inc., noted Toler owns twenty (20) acres zoned agricultural and the Brown property is located partially behind this property. Mr. Mitchell stated he believed the Browns lived closer to the junkyard than the proposed site because the only property located close to the proposed tower site is the Gray's property. 1 Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board defer action until after the public hearing on the Clayton Auto Parts site. The motion was adopted unanimously 8 (s-o) . ~o~~ 17 ~~~~:3~4 Chairman Bradby called for a public hearing on the following: 5. The application of Clayton's. Auto Parts, Inc., owner and PrimeCo Communications, lessee, fora Conditional Use Permit to erect a communications tower of 185 feet in height and an equipment cabinet area at the base of the. tower, at 15465 Carrollton Boulevard, in Newport Magisterial District. (Tabled 6/19 & 7/17) Chairman Bradby called for persons to speak in favor of or in opposition to the proposed application. Attorney Hampton stated the Clayton Auto Parts site is the original site on which PrimeCo wished to locate its tower. Attorney Hampton stated that while the proposed tower will be located approximately 440 feet from the existing right-of--way, the Highway Comdor Overlay District states that staff is to look at the site design to determine if it fits into the special design requirements within the District, Attorney Hampton stated staff has determined that it did not violate those requirements and the equipment has been found to provide for the safe and effective use of the District. Attorney Hampton stated there is .nothing more effective than to give residents and businesses the ability to have -good communication in-that Corridor and the size of the parcel and its use will have no negative impacts on vegetation and wildlife and also will not require excessive clearing or grading. Attorney Hampton stated this use will add no new traffic .and only the top of the tower will be visible from the highway. Attorney Hampton stated the Planning Commission's recommendation against this site is more of a technical one that it wished for the Board to review to determine whether this is a use the Board feels could fit within this District. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Spady stated originally he was opposed to the Clayton Auto Parts site because he did not feel a tower located so close to a primary highway would be attractive, however, the Toler site will impact more citizens. In view of this,. Supervisor Spady stated that the lack of required footage in the Highway Corridor Overlay District is not that relevant to him. Supervisor. Claud stated he reviewed both sites and the small deviation .from the District requirements are not too astronomical and he would move the Board approve the application of the Clayton's Auto Parts, Inc. for a Conditional Use Permit. The motion was adopted. unanimously (5-0). Supervisor Cofer moved the Board deny the Conditional Use Permit application of Toler Contracting ~ Company, Inc.., owner and PrimeCo Communications, lessee. The motion was adopted unanimously (5-0). 9 ,: ,~ BOCK 17 ~~~::~85 Supervisor Cofer moved the Board deny the rezoning application of Toler Contracting Company, Inc. The motion. was adopted unanimously (5-0). ~~ i // Supervisor Cofer moved the Board return. to the regular order of the .agenda. The motion was adopted unanimously (5-0). // At 8:00 p.m., Supervisor Cofer moved the Board taken aten-minute recess. The motion was adopted unanimously (5-0). 1 II Upon returning to open session at 8:10 p.m., Chairman Bradby brought up the issue discussed earlier in the meeting regarding Ashby .Subdivision. County Attorney Crook stated: the County had zoned Ashby Subdivision R- 1 in 1986 and has no control over the type of dwellings built in Ashby Subdivision.. County Attorney Crook. stated Phase I had restrictive covenants limiting the square footage to 1,800 square feet of floor area which was reduced in Phase III to approximately 1,350 square footage. These restrictive covenants are enforceable by the landowners within the subdivision by civil action, however, the County has no control because this is not a conditional zoning and there were no restrictive covenants made a part of the zoning. County Attorney Crook stated legally the residents of Phase I can seek counsel concerning a civil action against the developers if the residents of Phase I were lead to believe that Phases II and III would be the same as Phase L Supervisor Spady moved the Board direct staff to prepare a letter from the Board to the developers of Ashby Subdivision conveying the concerns of existing residents in Phase I and expressing the County's concerns as to the alleged misrepresentation in the change of the restrictive covenants and the impacts of same regarding the neighborhood's quality of life and property values. The motion was adopted unanimously (5-0). Regarding the issue of Boykin's Tavern, Supervisor Claud commended the Historical Society for attempting to renovate the Tavern. Supervisor Claud stated he would support the Society's efforts if they can be accomplished with private funds. Supervisor Claud recommended establishing, in writing, specific time frames and guidelines so that the Historical Society is aware of what is expected and, should adequate funds not be raised within these time frames, then Boykin's Tavern will be taken down. Supervisor Claud recommended that. the Society appoint its own Committee and that the entire, not partial, building be renovated. Supervisor Claud noted he could support three (3) years for fund raising efforts, perhaps more. if the other Board members desired. Supervisor Claud noted once the building is renovated, he would not support the use for office space as the County can provide office space more economically than utilization of Boykin's 10 . ~ BOCK ~7 r,;~ r;~=J~ Tavern, however, he would support it being used as a visitor's center and for tourism efforts. Supervisor..Claudstated he supports the County's pledge of $15,000 in the ISTEA grant, but all grant applications should be reviewed by the County Attorney prior to submittal Supervisor Claud expressed concern relative to using ISTEA funds as the matching General Assembly grant because if the project is not successful, the ISTEA grant may have to be repaid if the project was not completed. Supervisor Claud stated he does not believe it is appropriate for the County to spend .funds for .repairs during .the fund raising period. Supervisor Claud stated he would be open to leasing the building to the Historical Society for the period of time to raise the funds although he does not know all the associated implications and the effects on grant applications. Supervisor Claud stated the Board has a responsibility to let the citizens know what the Board. can support and. not lead the public to believe in some. expectations that may not take place. Supervisor Cofer. stated there. are differing opinions on the. age of the building and, if the Board could determine just what is Boykin's Tavern and renovate only that portion, then perhaps this would lower the cost significantly. Lynn P. Harris, Director of Economic Development, noted she previously had received two different engineering reports that offered two different opinions. Ms: Hams stated .there is also some question as to which is the oldest part. Ms. Harris stated the first step of the process would be to have an architect or engineer advise the Board as to an updated estimate of construction costs. Ms. Hams stated the General Assembly grant requires an engineer's, architect's and historian's reports. Supervisor Bradshaw stated he would support whatever the Board can do to restore it. Supervisor Bradshaw stated the Historical structure is deteriorating to the point of no return and he would suggest that the Board begin budgeting a certain amount of funds each year in the Capital Budget for .this effort. Supervisor Bradshaw recommended the Board make this issue a part. of its legislative package, request the Governor to include it in his budget and lobby with the General Assembly. Supervisor Bradshaw further recommended the Board request it be a part of the Chamber's legislative package, and ask the Tourism Bureau to legislatively lobby the issue. Supervisor Bradshaw suggested bringing the issue to the Mayors and Chairs meeting to request that it be a part- ofits legislative package. Regarding the suggestion of restoring only the original portion of Boyki.n's Tavern, Mary Ruffin Viles, Virginia Department of Historic Resources, noted that the building as it stands now is the property listed on the State and National Registers. Ms. Viles stated in architectural history when a building is reviewed it may have several building campaigns represented as owners adapt a building to meet expanded needs. Ms. Viles stated whatever the consensus is that is the oldest part of Boykin's Tavern is not to say that parts later added have not grown into some historical significance of their own. Ms. Viles stated every portion of 11 1 1 r~ eoo~ ~ 17~,~a~f:3~37 1 Boykin's Tavern is more than fifty (50) years old and once something is fifty (50) years old it is considered historic. Ms. Viles stated to take away a portion of the building which may not be the oldest portion, but is still historic, could have consequences in terms of applying for General Assembly grants and may have a bearing on the building's status being on the State and National Register. Joe Ferguson stated if the Board does not take. action to preserve Boykin's Tavern in its entirety, the County will. lose a valuable portion of our 20th century heritage as well.. Supervisor Bradshaw stated he concurred with the Planning Commission recommendation of five (5) years and because the Board has citizens willing to raise the necessary funds,. the Board should not limit their time. Supervisor Bradshaw stated he does not recommend the Board curtail the effort at three (3) years if five (5) years is reasonable and recommended by the Planning Commission. Ms. Harris stated the General Assembly grant requires a 50/50 match. Should the Historical .Society request a grant of $75,000, a fund raising effort could be used as the equal match, stated. Ms. Harris. I~ Supervisor Bradshaw recommended the Historical Society develop a plan of action for the Board's consideration at its September 4, 1997 meeting. Supervisor Spady recommended the Board establish a three (3) year time ..frame and, if necessary, the Board could extend the time to five (5) years. Ms. Chandler stated she did not believe five (5) years was a long time when twenty-four (24) years have passed already. Ms. Chandler stated. within two years the Historical Society should know if its efforts are going to be successful. Ms. Chandler stated regardless of whether the building is restored or demolished there must be a highway marker to indicate where the Tavern is located. Ms. Chandler stated she received funding for such a marker in the amount of $1,100 so that the marker can be unveiled during a fund raising campaign. County Administrator Caskey presented a request of the Historical. Society to access the Tavern by volunteers in an effort to clean it up on August 23, 1997.. and August 30, 1997. The Building Official recommended that no one have access beyond the first floor of the building, stated County Administrator Caskey. 1 County Attorney Crook stated at the request of Ms. Harris he prepared two releases, one for .Historical Society .members and one for individuals, which allows citizens to enter the Tavern premises and releases the .County from any liability for any personal or property damage that may occur due to the condition of the building. County Attorney Crook stated .this should be a prerequisite before allowing anyone to enter the building. 12 ~ - eoe~ 17.~~:f338 Supervisor Bradshaw moved the Board grant the Historical Society permission to clean up the Tavern on August 23, 1997 and August 30, 1997 in conjunction with the signing of the release of liability agreement prepared by the County Attorney. The motion was adopted unanimously (S-0). Supervisor Bradshaw moved the Board authorize a letter of support of the highway marker. The motion was adopted unanimously (5-0). Concerning tax deductible status, Anne F. Seward, Director of Budget and Finance, stated she contacted the County's bond counsel who specializes in SO1C status and its requirements, as well as the IRS to discuss whether this`endeavor would be better taken on by the County or by the Society themselves. Ms. Seward stated it would be in the best interest of the Historical Society to pursue this endeavor on their own, take the donations received and grantthem to the County to be used for that purpose. Ms. Seward stated it would take the Society approximately three to four months to obtain 501 C status for an application fee of $450. .County Attorney Crook stated when he spoke with Mr. Fenderson he advised him that the Society should seek the 501 C status itself. County Attorney Crook further stated he asked Mr. Fenderson to put any requests of the Historical Society in writing to the County and be specific. Ms. Seward stated Mr. Fenderson had advised the Society would keep an accurate record of any donations and refund them if they were not able to achieve sufficient donations for the project. Ms. Seward stated the IRS has advised her that this is not allowable under the SO 1 C status and that these donations would have to be gifted to another SO I C organization approved by the IRS should this project not succeed. County Administrator Caskey stated the remaining issue is a request to build a brick walkway, but such issue can be addressed under the. Society's action plan to the Board on September 4, 1997. Regarding the issue of the 501 c filing fee, County Attorney Crook advised the Board not to pay the filing fee as this would be setting a precedent.. County Attorney Crook stated the Board could make a contribution to the Historical. Society. The Board noted its desire to wait until September 4, 1997 when it receives a plan of action before making a contribution. Evelyn Chandler stated the Society had attempted to receive a SO 1 C status, but was advised that it could not get it because the Society did not own the building. County Attorney Crook noted there may be some merit to this because the 13 ... i 1 i~ Historical Society is seeking donations for a building they do not own. Regarding the request to clean up Boykin's Tavern, Sheriff C. W. Phelps noted anything stored in the Tavern by his department. could be destroyed. Ms. Hams noted the Clerk's office has advised that anything prior to 1991 could be destroyed and there does not appear to be anything stored after that date. Supervisor Bradshaw moved that the Board direct the County Administrator to designate staff to oversee the clean up of Boykin's Tavern on August ?3, 1997 and August 30, 1997. fihe motion was adopted unanimously (5-0). Mr. Creef noted there is enough trash to fill several dumpsters in the Tavern and asked if the Board is authorizing the disposal of this at County.• expense.. Mr. Fenderson offered the assistance of a dump truck instead of utilizing... the County's dumpsters. Mr. Fenderson stated the Society is further requesting limited access to the "inside of the Tavern for dignitaries and .escorts attending the Fair and the historical highway marker ceremony. ..County Attorney Crook noted all individuals entering the building should sign the release and indemnification form first. // Chairman Bradby called for the Community Development report. There was no report offered. // Chairman Bradby called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, requested the Board authorize him to employ a project administrator for anticipated capital projects. Mr. Rountree noted that on one project there are approximately twenty-five (25) easements to secure; ten (10) to fifteen (15) easements to negotiate on another project; and, 191 easements to secure on the third project before they can go to bid. Mr. Rountree stated he would recommend the project administrator be a full-time temporary individual to be utilized until such time as the projects cease or the Board may wish to utilize a project management firm. :Noting that it may be difficult to locate one individual to perform both 14 8~~~ l? .~„~:3i30 duties, Mr. Rountree recommended hiring a firm with a number of individuals for easement acquisitions because this must be done quickly and an additional individual to perform project management who could be placed on the County's payroll and terminated when the work is completed. Supervisor Bradshaw noted the County Attorney could prepare contracts ', for the proposed positions. Supervisor Spady moved the Board authorize the Director of Public Utilities to solicit and advertise for two (2) contracted positions, one to secure easement acquisitions and the other to perfonm project management duties. The j motion was .adopted unanimously (S-0). '~, Mr. Rountree distributed a late item regarding the animal. control facility expansion. Mr. Rountree stated the State Veterinarian, Dr. Dawkins, suggested three ventilation .items be incorporated during construction in the amount of $1,515 and. the contractor is also requesting a fifteen (15) day extension to perform the three suggestions. While these suggestions were not directives, should they not be incorporated it may create problems for the County in the future, stated Mr. Rountree. Supervisor Spady moved the Board approve an additional $1,800 for change orders for additional ventilation and the purchase of a plaque. The motion was adopted unanimously (5-0). Mr. Rountree distributed a copy of correspondence for the Board's information dated August 19, 1997 from DEQ announcing it has received four (4) special exception applications from Isle of Wight County to withdraw ground water in the Eastern Virginia Ground Water Management Area. // Chairman Bradby called for the County Attorney's report. County Attorney Crook presented for. the Board's consideration a Compact Agreement proposed by the City of Newport News, which his similar agreements with other jurisdictions, allowing the localities to enforce each other's motor vehicle license requirements. County Attorney Crook stated. indirectly it will help the County because chances are the individual will get a decal for his/her vehicle. The fines go to the enforcing jurisdiction, stated County Attorney Crook. Sheriff Phelps noted that he recommends the Compact for regional enforcement of motor vehicle licenses to the Board. Supervisor Claud moved the Board approve the Compact for Regional Enforcement of Motor Vehicle License Requirements with the City of Newport News. The motion was adopted unanimously (5-0). 15 M 1 1 County Attorney Crook stated he has received the Note and Deed of Trust to secure Alton Jewell's subdivision and zoning proffers and he would ask the Board approve and authorize the Chairman to sign same on behalf of the County. Supervisor Bradshaw moved the Board approve the Alton Jewell. Deed of Trust and authorize the Chainman to sign same. The motion was adopted unanimously (5-0). County Attorney Crook noted he had four matters for executive session later in the meeting. // Chairman Bradby called for the County Administrator's report. County Administrator Caskey formally. introduced Jonathan W. Hartley, the County's new Director of Planning and Zoning. County Administrator Caskey presented a request from the Isle of Wight Beautification Committee to dedicate two benches in honor of Messrs. Gurly Barlow and Fred Bailey at the Isle of Wight County Library/Smithfield Branch. Supervisor Spady moved the Board approve the dedication of the benches in memory of Messrs. Gurly Barlow and Fred Bailey. The motion was adopted unanimously. (5-0). Regarding the 1998 Legislative Priority List, the Board requested the following be added to the List: Supervisor Claud requested that funding for secondary and primary roads be included Supervisor Cofer requested that Route 258 from. Smithfield to Windsor be added Supervisor Bradshaw requested that the :issue of property taxes be investigated in conjunction with Unfunded Mandates Supervisor Cofer requested staff investigate the proposed- reduction of classroom size and the addition of 4,000 teachers State-wide. County Administrator Caskey noted the matter would be included in the Board's agenda for discussion at its September 4, 1997. meeting. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO SUBMIT THE APPLICATION FOR 16 V-STOP GRANT PROGRAM FUNDS AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Board of Supervisors of the `County of Isle of Wight,. Virginia has received a supplemental grant from the Commonwealth of Virginia, Department of Criminal Justice Services; and, WHEREAS, the funds in the. amount of twenty-six thousand dollars ($26,000) from the Virginia Department of Criminal Justice Services need to be appropriated to the V-STOP Program line item in the FY1997-98 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-six thousand dollars ($26,000) or as much as shall be received from the Commonwealth of Virginia Department of Criminal Justice Services be appropriated to the V-STOP Program line item in the 1997-98 budget of the County of Isle of Wight. 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 Cofer moved the Board adopt the following resolution: RESOLUTION TO SUBMIT THE APPLICATION FOR LITTER PREVENTION AND RECYCLING GRANT. PROGRAM FUNDS AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY WHEREAS,. the Board of Supervisors of the County of Isle of Wight, Virginia has received a supplemental grant from the Commonwealth of Virginia, Department of Environmental Quality; and,. WHEREAS, the funds in the amount of five thousand. nine hundred seventy-two dollars ($5,972) from the Virginia Department of Environmental- Quality need to be appropriated to the Litter Control and Recycling Program line item in the FY1997-98 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 nine hundred seventy-two dollars ($5,972) or as much as shall be received from 17 1 1 1 .~. -i 1 ~- eo~K~ 17 ~~r.~~~~~ the Commonwealth of Virginia Department of Environmental Quality be appropriated to the Litter Control and Recycling Program line item in the 1997- 98 budget of the County of Isle of Wight. 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). Regarding the issue of the Parks and Recreation transition, Alan Nogiec, Director of Park and Recreation Facilities Authority, noted he had presented an outline of the transition to the Authority members at its last meeting. Supervisor Bradshaw noted a desire to hold another meeting with the Parks and Recreation Authority. in November or early December after the first major change of the Department of Budget and Finance taking over the payroll. County Administrator Caskey presented a request to the Board from Chief .Jones of the Smithfield Fire Department for' Capital Budget funds in the amount of $220,000 for an advance payment for the vehicles resulting in a savings to the ' County of $15,687. Supervisor Cofer moved the Board grant the request of the Smithfield Fire Department for an advance of Capital Budget funds in the amount of $220,000. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPOINT JONATHAN W. HARTLEY AS ZONING ADMINISTRATOR FOR ISLE OF WIGHT COUNTY WHEREAS, the Board of Supervisors of the County of Isle of Wight has adopted a zoning ordinance to establish certain land use standards and procedures in the County; and, WHEREAS, Article X, Section 101 Ol of the County's Zoning Ordinance provides that the ordinance be administered and enforced. by a Zoning Administrator appointed by the governing body;. and, WHEREAS, said appointment must be made by formal resolution; and, WHEREAS, Jonathan W. Hartley currently serves .the County in the capacity of Director of the Department of Planning and Zoning. NOW THEREFORE BE IT AND IT IS .HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that Jonathan W. Hartley be 18 L _~ BOOR ~~rA^'J%7~ appointed as the Zoning Administrator for Isle of Wight County. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPOINT JONATHAN W. HARTLEY . AS SUBDIVISION AGENT FOR ISLE OF WIGHT COUNTY WHEREAS, the Board of Supervisors of the County of Isle of Wight have adopted a Subdivision Ordinance of Isle of Wight County, Virginia of 1969 to establish certain subdivision standards and procedures within the County; and, WHEREAS, Section 2.1 of the County's Subdivision Ordinance requires that the ordinance be administered by an agent- appointed by the governing body; and, WHEREAS, Jonathan W. Hartley currently serves the County in the capacity of Director of the Department of Planning and Zoning. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by .the Board of Supervisors of the County of Isle of Wight that Jonathan W. Hartley be appointed to serve as the Subdivision Agent for the County. of Isle of Wight. The motion was adopted unanimously (5-0). County Administrator Caskey noted he had several matters for executive session later in the meeting. // Chairman Bradby called for Old Business. Supervisor Claud requested staff place the issue of the Central County Park Task Force on .the Board's September 4, 1997 agenda for the Board's consideration. // Chairman Bradby called for New Business. There was no new business offered. /! Chairman Bradby called for Appointments. 19 ~L_ 1 Comprehensive Services Act Southeastern Virginia Job Training Agency. Substance Abuse Advisory Council Virginia Alcohol Safety Action Program ... rl eaer~ 1? ~R~:•~95 Supervisor Bradshaw moved the Board appoint Jonathan W. Hartley, replacing R. Bryan David, to the Hampton Roads Air Pollution Control District Committee. The motion was adopted unanimously (S-0). Supervisor Claud moved the Board appoint Lawrence Rawls, Jr. to the Western Tidewater Disability Services Board. .The motion was adopted unanimously (5-0). .Supervisor Cofer moved the Board appoint Jonathan W. Hartley, replacing R Bryan David, on the Continuing Transportation Study Technicai Committee. The motion was adopted unanimously (5-0). ' Supervisor Bradshaw requested Mr. Robertson to continue pursuing qualified individuals to volunteer to serve on the following: // County Attorney Crook requested an executive session under Section. 2.1- 344 Al of the Freedom of Information Act concerning a personnel matter; under Section 2.1-344 A3 concerning two matters involving acquisition and/or use of property for public purposes; and,. under Section 2.1-344 A7 concerning a potential litigation matter: County Administrator Caskey requested an executive session under Section 2.1-344 A3 of the Freedom of Information Act concerning two matters involving purchase of property for public use and under Section 2.1-344 A7 concerning two .matters of advice of counsel involving potential litigation. Supervisor Cofer moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Bradshaw 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. lA of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in 20 . ... 800K 1~ r~Gf~J~16 conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge,. (i) only public .business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified. in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE . AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board authorize the County Administrator to advertise for. a Special Use Permit on behalf of the County for an unmanned collection center on Burdette Road. The motion was adopted unanimously (5-0). // At 10:30 p.m., Supervisor Cofer moved the Board continue. its meeting until 7:00 p.m. on August 27, 1997 at the Windsor Middle/High .School Auditorium for a joint meeting with the Windsor Town Council. The motion was adopted unanimously (5-0). enry . Bradby, Chai an W. Dou s askey, Cl