12-18-1997 Regular Meeting' ''
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REGULAR MEETING OF-.THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF DECEMBER 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 Bradbycalled the meeting to order at 6:00 p.m. The invocation
was delivered by Supervisor Cofer.
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James Thomas Cross was recognized by the Board and presented the
following resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JAMES THOMAS CROSS
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, James Thomas Cross is a member of Boy Scouts of America,
Troop 37 in Isle of-Wight County, Virginia; and,
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WHEREAS, Mr. Cross has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia wishes to recognize and. congratulate James Thomas Cross for his
achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and congratulates
James Thomas Cross for achieving the rank of Eagle Scout.
Supervisor Bradshaw moved the Board adopt the Resolution. The motion
was adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
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RESOLUTION TO RECOGNIZE THE
ISLE OF WIGHT COUNTY FAIR COMMITTEE
WHEREAS, in September, 1994, after -more than 50 years, the Isle. of
Wight County Fair Committee re-established the annual county fair in Isle of
Wight County; and,
WHEREAS, the Isle of Wight County Fair has become a much anticipated
annual entertaining and educational event; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes. to recognize the Isle of Wight County Fair Committee for its contributions
to the quality of life of the citizens of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of the Isle of Wight County Fair Committee to the citizens of
the. County.
The motion. was adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolutions:
RESOLUTION TO RECOGNIZE GEORGE E. WEBB
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in 1974, the Board of Supervisors of the County of Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational .opportunities of County residents; and,
WHEREAS, George E. Webb has served as a member of the Isle of Wight
County Public. Recreational Facilities Authority; and,
WHEREAS, the. Board of Supervisors of the County of Isle of Wight
wishes to recognize George E. Webb for his contributions to.the quality of life
of the citizens of the County.
NOW, THEREFORE,. BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes. and appreciates
the contributions of George E. Webb to the citizens of Isle of Wight County
through his service on the Public Recreational Facilities Authority.
RESOLUTION TO RECOGNIZE ROY E. SKINNER
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
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WHEREAS, in 1974, the Board of Supervisors of the County of Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
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WHEREAS, Roy E. Skinner has served as a member of the Isle of Wight
County Public Recreational Facilities Authority; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize Roy E. Skinner for his contributions to the .quality of life of
the citizens of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of Roy E. Skinner to the citizens of Isle of Wight .County
through his service on the Public Recreational Facilities Authority..
RESOLUTION TO RECOGNIZE C. P: TURNER
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
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WHEREAS, in .1974, the. Board of Supervisors of the County of Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, C. P. Turner. has served as a member of the Isle of Wight
County. Public Recreational Facilities Authority; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize C. P. Turner for his contributions to the quality of life of the
citizens of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the.
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of C. P. Turner to the citizens of Isle of Wight County through
his service on the Public Recreational Facilities Authority. .
RESOLUTION TO RECOGNIZE FRED D. THOMPSON
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
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PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in 1974, the Board of Supervisors of the County of Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, Fred D. Thompson has served as a member: of the Isle, of
.Wight County Public Recreational Facilities Authority;..and,
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WHEREAS, the .Board of Supervisors of the County of Isle of Wight
wishes to recognize Fred D. Thompson for his contributions to the quality of life
of the citizens of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Boardof Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of Fred D. Thompson. to the citizens of Isle of Wight County
through-his service on the Public Recreational Facilities Authority.
RESOLUTION TO RECOGNIZE DR. A. C. ROGERS
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in 1974, the. Board of Supervisors of the County of Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, Dr. A. C. Rogers has served as a member and thefirst
Chairman of the Isle of Wight County Public Recreational Facilities Authority;
and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize Dr. A. C. Rogers for his contribution to the quality of life of
the citizens of the. County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of Dr. A. C. Rogers to the citizens of.Isle of Wight County
through his service on the Public. Recreational Facilities Authority.
RESOLUTION TO RECOGNIZE TOMMY ROBINSON
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in 1974, the Board of Supervisors of the County of Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, Tommy Robinson has served as a member of the Isle of
Wight County Public Recreational Facilities Authority; and,
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WHEREAS,. the Board of Supervisors of the County of Isle of Wight
wishes to recognize Tommy Robinson for his contributions to the quality of life
of the citizens of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
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the contributions of Tommy Robinson to the citizens of Isle of Wight County
through his service on the Public Recreational Facilities Authority.
RESOLUTION TO RECOGNIZE STEVEN EDWARDS
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in 1974, the Board of Supervisors of the County of Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, Steven Edwards has served as a member of the Isle of Wight
County Public Recreational Facilities Authority; and,
..WHEREAS, the Board of Supervisors of the- County of Isle of Wight
wishes to recognize Steven Edwards for his. contributions to the quality of life of
the citizens of the County.
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' NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of Steven Edwards to the citizens of .Isle of Wight County
through his service on the Public Recreational Facilities Authority.
RESOLUTION TO RECOGNIZE OTELIA RAINEY
FOR HER SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in 1974, the Board of Supervisors of the County of Isle of
.Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, Otelia Rainey has .served as a member of the Isle of Wight
County Public Recreational Facilities Authority; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize Otelia Rainey for her contributions to the quality of life of
the citizens of the County.
.NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle. of Wight recognizes .and appreciates
the contributions of Otelia Rainey to the citizens of Isle of Wight County through
her service on the Public Recreational .Facilities Authority.
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RESOLUTION TO RECOGNIZE JOHN NELMS
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
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WHEREAS, in 1974, the Board of Supervisors of the Countyof.Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, John Nelms has served as a member of the Isle of Wight
County Public Recreational Facilities Authority; and,
WHEREAS, the Board of .Supervisors of .the County of Isle of -Wight
wishes to recognize John Nelms for his contributions to the quality of life of the
citizens of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of John Nelms to the citizens of Isle of Wight County through
his service on the Public Recreational Facilities Authority.
RESOLUTION TO RECOGNIZE CHARLES E. JONES
FOR -HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in 1.974, .the Board of Supervisors of the County of Isle of
Wight,. Virginia created the Isle of Wight County Public Recreational Facilities.
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, Charles E. Jones has served as a member of the Isle of Wight
County Public Recreational Facilities Authority; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize Charles E. Jones for his contributions to the quality. of life
of the citizens of the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of Charles E. Jones to the citizens of Isle of Wight County
through his service on the Public Recreational Facilities Authority.
RESOLUTION TO RECOGNIZE ALLEN BROWN
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in 1974, the Board of Supervisors of the County of Isle of
Wight,' Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, Allen Brown has served as a member of the Isle of Wight
County Public Recreational Facilities Authority; and,
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WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize Allen Brown for his contributions to the quality of life of the
citizens of the County.
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NOW, THEREFORE, BE IT AND IT IS HEREBY. RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of Allen Brown to the citizens of Isle of Wight County through.
his service on the Public Recreational Facilities Authority.
RESOLUTION TO RECOGNIZE JEREMIAH CUFFEY
FOR HIS SERVICE ON THE ISLE OF WIGHT COUNTY
PUBLIC RECREATIONAL FACILITIES AUTHORITY
WHEREAS, in .1974, the Board of Supervisors of the County of Isle of
Wight, Virginia created the Isle of Wight County Public Recreational Facilities
Authority to enhance the recreational opportunities of County residents; and,
WHEREAS, Jeremiah Cuffey has served as a member of the Isle of Wight
County Public Recreational Facilities Authority;. and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize Jeremiah Cuffey for his contributions to the quality of life of
the citizens of the County.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight recognizes and appreciates
the contributions of Jeremiah Cuffey to `the citizens of Isle of Wight County.
through his service on the Public Recreational Facilities Authority.
The motion was adopted unanimously (5-0).
Jeremiah Cuffey, Chairman, Parks .and Recreational Facility Authority,.
presented a resolution of dissolution of the Parks and Recreational Facility
Authority to the Board.
Supervisor Cofer moved. the Board accept the following resolution
presented by.the Chairman of the Recreational Facilities Authority:
PUBLIC RECREATIONAL FACILITIES AUTHORITY
RESOLUTION OF DISSOLUTION
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WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,.
created a Public Recreational Facilities Authority under the provisions of the
Public Recreational Facilities Authorities Act, Chapter 29, Title 15.1, ofthe Code
of Virginia, as amended, to be known as the "Public Recreational Facilities
Authority of Isle of Wight County, Virginia" by Resolution adopted in 1974; and,
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WHEREAS; the Commission of the Public Recreational. Facilities
Authority has determined that. the purposes for whichthe Authority was formed
..have been substantially complied with and no bonds have been issued and- all
obligations incurred by the Authority have been fully paid; and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
has requested that the Commission of the said Authority adopt a Resolution of
Dissolution whereby the title to all. funds and properties owned by the Authority
at the time of such dissolution shall vest in the Board. of Supervisors of Isle of
Wight County, Virginia, pursuant to Section 15.1-1286.1 of the Code of Virginia;
and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
has agreed to pay or assume all of the obligations of the said Authority.
IN :CONSIDERATION WHEREOF, it is hereby resolved pursuant to
Section I5.1-.1286.1 of the Code of Virginia that the Public: Recreational
Facilities Authority of Isle of Wight County, Virginia be dissolved; that all
obligations of said Authority be paid or assumed by the Board of Supervisors of
Isle of Wight County, Virginia; and that title to all funds and properties owned
by the Authority at the time of such dissolution vest in the Board of Supervisors
of Isle of Wight County, Virginia.
BE IT FURTHER RESOLVED that the concurring Resolution. of the
Board of .Supervisors of Isle. of Wight County, Virginia, be recorded in the
records of both the Public Recreational Facilities Authority. of Isle of Wight
County, Virginia. and the Board of Supervisors of Isle of Wight County, Virginia.
The motion was adopted. unanimously (5-0).
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.County Administrator Casket' noted the presence of Paul Lee.. of Robinson,
Farmer, Cox, Associates.
Supervisor Cofer moved the Board amend the regular order of the agenda
in order to .hear Mr. Lee's presentation. The motion was adopted unanimously
(5-0).
Mr. Lee presented the County's audit report for the fiscal year ended June
30, 1997.
Supervisor Bradshaw moved the Board receive the auditor's report. The
motion was adopted unanimously (5-0).
Supervisor .Claud movedthat the Board authorize staff to advertise the
Treasurer's Report in the local newspapers. The motion was adopted
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unanimously, (5-0).
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Chairman Bradby indicated the following Consent Agenda included Item:
2, A through C, and asked if there'were any items for removal:
Final Plat for Cypress Creek, Section I
Delinquent Real Estate Tax Collection Monthly Report
November 20, 1997 Regular Meeting Minutes
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).
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Chairman Bradby called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, referred to a letter
contained in the agenda received from VDOT notifying the County of a speed
limit reduction on Route 10 in the vicinity. of Smithfield Shopping Center. Mr.
Hartley noted that increased enforcement. may be warranted due to the excessive
number of individuals currently. exceeding the 55 mph speed limit. Mr. Hartley
advised he would forward a copy of the letter to Frank Hall for his information.
Mr. Hartley notified the Board of the acceptance of Auiumn Court,
.Maplewood Court and Plantation Lane in Wrenn's Mill Estates into the
Secondary System. of State Highway, effective November 18, 1997...
Supervisor Claud requested staff follow-up with the Resident Engineer:
concerning the number of right-of--way acquisitions for Muddy Cross Road as
thirty (30) days has elapsed.
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Chairman Bradby called for Citizens Comments.
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Willie B. Copeland, Chief, Windsor Fire Department, requested the Board
approve the Department utilizing the balance of funds appropriated in the 1997-
98 Capital Budget in the amount of $8,000 to construct an outbuilding to house
the- generator and other storage needs. He noted the Town of Windsor has
committed $8,000 and the Fire Department $10,875 towards this effort.
Supervisor Claud moved the Board approve the request. The motion was
adopted unanimously (5-0).
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Chairman Bradby called for the Community Development report.
Mr. Hartley referred to the contract for services associated with the
Jamestown/Camptown Community Development Block Grant (CDBG) Planning
Grant which varies in two ways from what was earlier discussed with the Board.
The contract will be a single contract for. all consulting services required for this
grant and the proposed budget has been increased in the amount of $8,155 due
to additional expenses anticipated by R. Kenneth Weeks, Engineers.
Supervisor Bradshaw moved the Board authorize the expenditure of up to
$8,155 beyond the original matching amount of $6,000 and the $7,500 additional
funds approved on November 6, 1997 for the Jamestown/Camptown Community
Development Block Grant (CDBG) Planning Grant. Such funds are to be taken
from the Contingency Account. The motion. was adopted unanimously (5-0).
Supervisor Bradshaw further :moved the Board authorize -the County
Administrator to enter into a contract with Kenneth W. Poore for grant services.
The motion .was adopted unanimously (5-0).
Mr. .Hartley reminded- the Board of needed appointments to the
Comprehensive Plan Advisory Committee.
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Chairman Bradby called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, presented for the
Board's consideration a construction management agreement with R. Kenneth
Weeks as authorized by the Board at its October 2, 1997 meeting for site
.inspection and site coordination with the various ongoing utility projects.
Supervisor Claud moved the Board approve the contract with R Kenneth
Weeks Engineers for construction. management services. The motion- was
adopted unanimously (5-0).
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated the resolution adopted by the` Parks and
Recreational Authority requires a concurring resolution from the Board of
Supervisors which effectively dissolves the Authority pursuant to its .resolution.
Supervisor Bradshaw moved the Board adopt the following resolution:
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- BOARD OF SUPERVISORS RESOLUTION OF
DISSOLUTION OF PUBLIC RECREATIONAL
FACILITIES AUTHORITY
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
created a Public Recreational Facilities Authority under the provisions of-the
Public Recreational Facilities Authorities Act, Chapter 29, -Title l 5.1, of the Code
of Virginia, as amended,. to be known as the "Public Recreational Facilities
Authority of Isle of Wight County, Virginia" by Resolution adopted in 1974; and,
WHEREAS, the Commission. of .the Public .Recreational Facilities
Authority has determined that the purposes for which the Authority was formed
have been substantially complied .with and no bonds have been issued and all.
obligations incurred by the Authority have been fully- paid; and,
WHEREAS, the. Board of Supervisors of Isle of Wight County, Virginia,
has requested that the Commission of the said Authority. adopt a Resolution of
Dissolution whereby the title to all funds and properties .owned by the Authority
at the time of such dissolution shall vest in the Board of Supervisors of Isle of
Wight County, Virginia, pursuant to Section 15.1-1286.1 of the Code of Virginia;
and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
has agreed to pay or assume all of the obligations of the said Authority.
IN CONSIDERATION WHEREOF, it is hereby. resolved pursuant to
Section 15.1-1286.1 of the Code of Virginia that the Board of Supervisors of Isle
of .Wight County, Virginia concurs with the Commission of the Public
Recreational Facilities Authority of Isle of Wight County, Virginia, that. said
Authority be dissolved; that all obligations of said Authority be paid or assumed
by the Board of Supervisors of Isle of Wight County,. Virginia;. and that title to
all funds and properties owned by the Authority at the time of such dissolution
vest in the Board of Supervisors of Isle of Wight County, Virginia.
BE IT FURTHER RESOLVED that this Resolution and -the concurring
Resolution of the Public Recreational Facilities Authority of Isle of Wight
County, Virginia, be filed with the records of this Board of Supervisors of Isle of
Wight County, Virginia and with the records of the Public Recreational Facilities.
Authority of Isle of Wight County, Virginia.
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The motion was adopted unanimously (5-0).
County Attorney Crook stated he had several matters for executive session
later in the meeting.
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Chairman Bradby called for the County Administrator's report.
Regarding the Public Recreational Facilities Authority recommendations,
Supervisor Bradshaw requested Mr. Nogiec meet with Donald Robertson to work
out any remaining concerns.
Regarding an Inter-Regional visit to Seattle, Washington, Supervisor Claud
noted he believed it is beneficial for the County to have a representative present
at such regional efforts and he would recommend that participation on the part
of the County be on an annual basis.
.Regarding the. Board's previous request to staff to .draft a plan of action as
to how the County will: proceed with its legislative agenda, County Administrator
Caskey noted -that most .localities contacted have advised they do not have
strategies of action. For the Board's consideration, included in the agenda is a
Legislative Plan of Action to be followed by the County, stated Mr. Caskey.
Supervisor Bradshaw moved the Board approve the Legislative Plan of
Action. The motion was adopted unanimously (5-0).
Supervisor Cofer requested the County Administrator keep the Board
apprised. of the Hampton Roads Caucus' schedule for interaction with the General
Assembly.
County Administrator Caskey requested the Board to authorize a public
notice to be advertised in the local newspapers regarding a Town Meeting. Such
meeting into be held on January 10, 1998 from 10:00 a.m. unti112:00 p.m. at the
Smithfield High School Auditorium, stated Mr. Caskey:
Supervisor Cofer moved. the Board authorize staff to advertise a public
notice for. a Tawn Meeting to be held on January 10, 1998 from 10:00 a.m. to
12:00.; p.m._ at the Smithfield High School Auditorium. The Board also noted that
Mr, Robertson is to serve as the facilitator at this .meeting. The motion was
adopted unanimously (5-0).
County Administrator Caskey distributed. a letter from the MMM Design
Group addressing concerns previously expressed by the County on the bed. space
proposed .for the regional juvenile detention facility, as well as information
referencing the projected financial obligation for each participating jurisdiction.
Mr. Caskey noted this item would be included on the Board's January agenda for
further consideration.
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Chairman Bradby called for 41d Business.
There was no Old Business offered for discussion by the Board.
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Chairman Bradby called for New Business.
Supervisor Claud suggested that the Board members reflect on the issues
which were discussed during the Board's recent retreat with a recommended Plan
of Action at the Board's January 8,1998 meeting being proposed for discussion.
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Chairman Bradby called for Appointments.. .
Supervisor Bradshaw .moved the Board appoint the following
recommended individuals to the Youth Services Advisory Board:
Eleanor Hawkins
Linda Boone-Randolph
Arthur Allmond
Aleisha A. Langhorne
. Theresa Jones (replacing Mary Catherine Foster)
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board appoint: Frank G. Parker to the
Comprehensive Plan Advisory Committee. The.. motion was adapted
.unanimously (5-0).
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Chairman Bradby called for a public hearing on the following:
Federal Transportation Enhancement Program/Resolution Endorsing the
Boykin's Tavern Restoration
Chairman Bradby called fot persons to speak in favor of or in opposition.
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Reverend Basil L. Ballard, Pastor, Windsor Congregational Christian
Church, spoke in favor stating the restoration of Boykin's Tavern is of special
interest to him as the history of .the County is .important. to preserve.
Florine Moore, Smithfield Town Council, urged the Board to proceed with`,
the restoration of Boykin's Tavern as the building was and can be again a
structure ready for gatherings of people where important decisions can be made.
Ms. Moore stated the Tavern can become a tourist attraction and welcome guests:..
to this part of the County.
Lynn P. Harris, Director of Economic Development, recommended the
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Boazd postpone consideration of the Resolution until the January meeting due to
needed revisions in the language.
County Attorney Crook explained the original ISTEA grant agreement had.
certain provisions, i.e, 100% reimbursement to the Virginia Department of
Transportation if the project .was not completed, and VDOT agreed to a
percentage of that in the .amount of 17%. This resolution does not reflect that
percentage and he has requested Ms. Hams to get that information together and
the resolution revised, stated Mr. Crook.
Chairman Bradby closed the public hearing and called for comments from
the Board.
Supervisor Cofer moved the Board table consideration of the Resolution
until the Board's January 8, 1998 meeting so that a revised resolution .can be
presented for the Board's consideration. The motion was adopted unanimously
(5-0).
An Ordinance to Amend Section 4-5 of the Isle of Wight County Code
Providing Penalties for Violations of the Building Code and Establishing a
Uniform Schedule of Civil Penalties
Chairmarr Bradby called for persons to speak in favor of or in opposition
to the Ordinance.
Arthur E. Berkley, Superintendent of Inspections, spoke in favor. He stated
adoption of this Ordinance will allow the County to take advantage of legislation
which allows substitution of civil penalties for criminal violations within the
Uniform Statewide Building Code. He added this will allow his Department to
more effectively deal with constant violators.
Chairman Bradby closed the public hearing and called for comments from ' i
the Board. I
Supervisor Bradshaw moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND SECTION 4-5 OF THE ISLE
OF WIGHT COUNTY CODE PROVIDING PENALTIES FOR
VIOLATIONS OF THE BUILDING CODE AND ESTABLISHING
A UNIFORM SCHEDULE OF CIVIL PENALTIES
BE IT AND IT IS HEREBY ordained that Chapter 4, BUILDINGS, Article
II, State Building Code, Section 4-5 Violations; penalties, for the Isle of Wight
County Code be amended to read as follows:
Sec. 4-5. Violation; nen_, allies.
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A. It shall be unlawful for any owner or any other person,
firm or corporation, on or .after the effective date of any Code
provisions, to violate any such provisions. Any such: violation shall
be deemed a misdemeanor and any owner or any.other person, firm
or corporation convicted of such a violation shall be punished by a
fine of not more than $2,500. If the violation concerns a residential
unit and if the violation. remains uncorrected at the. time of thee.
conviction, the court shall order the violator to abate or remedy the
violation in order to comply with the Code. Except as otherwise
provided by the court for good cause shown, any such violator shall
abate or remedy the violation within .six months of the. date. of
conviction, Any person convicted of a second offense committed
within less than five years- after a first offense under this chapter
shall be punished by a fineof not less than.$1,000 nor more than
.$2,500. Any person convicted of a second offense committed within
a period of five to ten years of a first offense under this chapter shall
be punished by a fine of not .less .than $500 nor more thane $2,500.
Any person convicted of a third or subsequent offense committed
within ten years of an offense under this.chapter shall be punished z
by a fine of not less than $1,500 nor more than $2,500.
Notwithstanding the foregoing, those provisions requiring a
minimum fine shall-apply only to convictions for building code
violations which cause a building or. structure to be unsafe or unfit
for human habitation.
B. The following shall establish a uniformed schedule of
civil penalties for violations of specified provisions of the Code
which are not abated or remedied. promptly after receipt of notice of
violation from the local enforcement officer.
This schedule of civil penalties shall be uniform for each type
of specified violation, and the penalty for any one violation shall be
a civil penalty of not more than. $100 far the initial summons and not
more than $150 for .each additional summons. Each day during
which the violation is found to have existed shall constitute a
separate offense. However, specified violations arising from the
same operative set of facts shall not be charged more frequently than
once in any ten-day period, and a series of specified violations -
arising from the same operative set of facts shall not result in civil
penalties which exceed a total of $3,000. Designation of a particular
code violation fora civil. penalty pursuant to this section shall be in
lieu of criminal sanctions, and except for any violation resulting in
injury to persons,.such designation shall preclude the prosecution of
a violation as a misdemeanor.
Any person summoned or issued a ticket for a scheduled
violation may make an appearance in person or in writing by mail to
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the department of finance or the treasurer of the locality prior to the
date fixed for trial in court. Any person so appearing may enter a
waiver of trial, admit lability, and pay the civil penalty established
for the offense charged. Such persons shall be informed of their
right to stand trial and that a signature to an admission of liability
will have the ,same force and effect as a judgment of court... As a
condition of waiver of trial, admission of liability, and payment of
a civil penalty, the violator shall agree in writing to abate or remedy
the violation within six months after the date of payment of the civil
penalty.
If a person charged with a scheduled violation does not elect
to enter a waiver of trial and- admit liability,-the violation shall be
tried in the general .district court in the same manner and with the
same right of appeal as provided for by law. In any trial for a
scheduled violation authorized by this section, it shall be the burden
of the locality to show the liability of the violator by a preponderance
of the evidence. An admission of liability or finding of liability shall
not be a criminal .conviction -for any purpose.
If the violation concerns a residential unit, and if the violation
remains uncorrected at the time of assessment of the civil penalty,
the court shall order the violator to abate or remedy the violation in
order to comply with the Code. Except as otherwise provided by the
court for good cause shown, any such. violator shall abate or remedy
the violation within six months of the date of the assessment of the
civil penalty.
C. Any owner or any other person, firm or corporation
violating any Code provisions relating to the removal or the covering
of lead-base paint which poses a hazard to the health. of pregnant
women and children under the age of six years who occupy the
premises shall, upon conviction, be guilty of a misdemeanor and
shall be subject to a fine of not more .than $2,500.. If the court
convicts pursuant to this subsection and sets a time by which such
hazard must be abated, each day the hazard remains. unabated after
the time set for the abatement has expired shall constitute a separate
violation of the Uniform Statewide Building Code. Upon a
reasonable showing to the court by a landlord as defined in Section
SS-248.4, that such landlord is financially unable to abate the lead-
base pain hazard, the court shall order any rental agreement related
to the affected. premises terminated effective thirty days from the
entry of the court order. For the purposes of the preceding. sentence,
termination of the rental agreement shall not be deemed
noncompliance by the landlord pursuant to Section 55-248.1.
D. Any prosecution under this section shall be commenced
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within, two years as provided in Section .19.2-8 of the .Code of
Virginia.
u
The motion was adopted unanimously (5-0).
i
An Ordinance to Amend the Subdivision Ordinance of Isle of Wight
County to Require Central Water Supply and Distribution .Systems for
Subdivisions of Five Lots or More
Chairman Bradby called for comments from persons in favor of or in
opposition to the proposed Ordinance. '
Mr. Hartley presented a letter from Branch Lawson dated December 17,
1997.
.Supervisor Bradshaw moved the Board accept the. letter submitted by
Branch Lawson. dated December 17, 1997. The motion was adopted
unanimously (5-0).
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County Attorney. Crook stated the Director of Public Utilities previously
recommended that subdivisions consisting of fifteen (15) or more lots be reduced
to five. (5) lots for central water. Mr. Crook stated the Planning ,Commission
concurs with the reduction to five (5) lots except in the Development Service
Districts where all lots should be provided with a distribution system. Mr.
Lawson is pointing out. that the County is requiring central water systems be
provided privately when the County has public service water available. and in an
effort to make the Ordinance abundantly clear he has revised it again prior to this
meeting and the Board has been provided the revision that if public water is
available, then it will be public. water, and if it is not, then they will have to
provide the central water supply, which resolves Mr. Lawson's concerns, stated
Mr. Crook.
Supervisor Claud noted his concern that reducing the number to .five (5)
lots. will discourage the cluster developments and be too restrictive.. He further
stated the existing Zoning Ordinance has not been in place for a sufficient
amount of time to determine. if the fifteen (15) lot requirement is causing a
problem.
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Supervisor Spady moved the Board table consideration of the Ordinance
until the Board's January 8, 1.998 meeting for further review of the County
Attorney's rewording of the Ordinance. The motion was adopted unanimously
(S-0).
An Ordinance to Amend the Subdivision Ordinance of Isle of Wight
County to Add Siblings to the Family Member Exception
Chairman Bradby called for persons to speak in favor or in opposition to
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the proposed Ordinance.
Upon no one appearing, Chairman Bradby closed the public hearing and
called for comments from the Board.
There being no comments, Supervisor Bradshaw moved the Board adopt
the following Ordinance:
AN ORDINANCE TO AMEND THE SUBDIVISION
ORDINANCE OF ISLE OF WIGHT COUNTY TO ADD
SIBLINGS TO THE FAMILY MEMBER~EXCEPTION
BE IT AND IT IS HEREBY ordained by the Board of Supervisors of Isle
of Wight County, Virginia that Section 7=28-1 of the Subdivision Ordinance of
Isle. of Wight County, Virginia, is hereby amended to read as follows:
7-28-1, mi),y Member Subdivision
A single division of a lot or parcel for the purpose of sale or gift to
a member of the immediate family of the property owner, subject only to
.any express requirement contained in the Code of Virginia and to any
requirement imposed by the Board of Supervisors that all lots of less than
five acres have reasonable right-of-way of not less than ten feet or more
than twenty feet providing ingress and egress to a dedicated recorded
public street or thoroughfare. Only one such division shall be allowed for
family member, and shall not be for the purpose of circumventing this
Subdivision Ordinance. For the purpose of this subdivision, a member of
the immediate family is defined as any person who is a natural or legally
defined offspring, spouse, sibling, grandchild, grandparent, or parent of the
.owner.
The motion was adopted unanimously (5-0).
An Ordinance to Amend the Subdivision Ordinance of Isle of Wight
County Requiring Residential Zoning for Subdivisions But Exempting
Family Member Divisions and Divisions for Manufactured Housing
Chairman Bradby called for persons to speak in favor of or in opposition
to the proposed Ordinance.
County Attorney Crook stated currently Section 3-8 of the County's
Subdivision Ordinance requires zoning to residential if property is to be
subdivided for residential purposes. The second paragraph clarifies that the
family member single division is put in the Ordinance to make it clear that if you
.have the family member exception you don't have to get rezoned for it which.
should be made clear as it is sometimes misunderstood and misapplied. The
third paragraph which follows State law is added so that the County does not
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prevent mobile homes by refusing to zone. for residential purposes. The final
amendment is that the County add mobile homes in the rural residential zoning
district. Mr. Crook cautioned the Board that it could not defeat the RR zoning
simply because it was for a mobile home.
Speaking in opposition, Pete Green of Mill Creek Drive, voiced his concern
with mobile homes being allowed in rural residential areas. He pointed out that
mobile homes will present the County with the same per capita for children as
stick built homes.
Chairman Bradby closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved the Board adopt the following Ordinance:
1
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AN ORDINANCE TO AMEND THE SUBDIVISION
ORDINANCE OF ISLE OF WIGHT COUNTY REQUIRING
RESIDENTIAL ZONING FOR SUBDIVISIONS. BUT
EXEMPTING FAMILY MEMBER DIVISIONS AND DIVISIONS
FOR MANUFACTURED HOUSING
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County, Virginia, that Section 3-8 of the Subdivision Ordinance of
Isle of Wight County, Virginia, is hereby amended to read as follows:
All proposed subdivisions for residential purposes must be zoned
residential (RR, NC, SE, SR, UR, PD-R, PD-MH, or PD-MX) or
conditional residential (C-RR, C-NC, C-SE, C-SR, C-UR, C-PD-R, C-PD-
MH or C-PD-MX,) pursuant to the Zoning Ordinance of Isle of Wight
County prior to final subdivision plat approval-.
Provided, however, that a family member single division of a lot or
..parcel for the purpose of sale or gift to a member of the immediate family
of the property owner as defined in Section 7-28-1 of this Subdivision
Ordinance and paragraph 12 of Section 15.1-466 of the Code of Virginia
shall be exempted from. this residential zoning requirement.
Provided, further, that the placement of a manufactured house on a
permanent foundation on an existing individual lot located in the Rural
Agricultural Conservation District. (RAC). as defined in Section 15.1.-486.4
of the Code. of Virginia, shall be exempt from this rezoning requirement..
The motion was adopted unanimously (5-0).
An Ordinance to Amend the Zoning Ordinance of Isle of Wight County to
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Add Class B Mobile Home on Individual Parcel or Tract of Land as
Permissible Use in the Rural Residential District
Chairman Bradby called for persons to speak in favor of or in opposition
to the proposed Ordinance.
Upon no one appearing, Chairman Bradby closed the public hearing and
called for comments from .the Board:
There being no comments, Supervisor Bradshaw moved the Board not
adopt the amendment to the Ordinance, The motion was adopted unanimously
(5-0).
The application of West Bank Land Trust for a change in zoning
.classification from RAC to Conditional RR and Conditional RAC
approximately 204 acres of land located off the north side. of Morgarts
Beach Road (Route 673) on the James River in Hardy Magisterial District.
Talc Parcel No. 13-0~5-001, 13-OS-002, 13-OS-003, 13-OS-004, 13-OS-005,
13-OS-006, 13-05-007, 13-05-008, and 13-05-009.
Chairman Bradby called for persons to speak in favor of or in opposition
to the proposed rezoning.
Speaking in favor, Wayne Melcore, a beneficiary of the Trust and
representing other beneficiaries in the Trust, distributed a photograph ofthe
property which contains approximately 300 acres. Mr: Melcore explained the
layout of the proposed project to the Board.
County Attorney Crook. stated the way the plan was presented originally,
the nine parcels on the first plat are the 20+ acre parcels which were approved
under the old exemption of the Subdivision Ordinance and these. parcels are not
a subdivision. The Subdivision Ordinance allows a lot from each parcel to be cut
off on the water and Mr. Melcore planned that the balance of the lots would
remain agricultural, however, the balance of the land was.not in the application.
Mr. Melcore agreed to place the entire parcels into the rezoning application with
the conditions on the residue parcels. Mr. Crook stated when the Board in the
.future is considering other applications, the Board will be referring back to this
application as setting the precedent on how to deal with these situations.
Chairman Bradby closed the public hearing and called for comments from
the Board.
Supervisor Cofer moved the Board approve the. application of West Bank
Land Trust, as conditioned. The motion was adopted unanimously (5-0).
//
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Donald T. Robertson, Assistant to the County Administrator/Director of
..Human Resources, stated some of the Parks and Recreation positions were not
compensated at the minimum level as recommended by the. County's. current Pay
and Classification Plan. Mr. Robertson distributed a list which corrected those
discrepancies and would bring all positions up to at least the minimum level per
the County's Plan and Classification Plan.
Alan Nogiec, Director of the Parks and Recreation Department, noted -that
if the person currently in the position of-the Museum Administrative Aide
position accepts the position as a part-time position, the- Authority
Commissioners felt that person was affected by the transition by loss of benefits
and they suggested additional. compensation to cover the employee's benefit.
Mr. Robertson noted he would recommend this matter be discussed in
executive session later in the meeting as an identifiable personnel matter..
.Supervisor Spady moved the Board table consideration of the matter until
after the Board has its executive session. The motion was adopted unanimously
(5-0).
//
Supervisor Claud requested an executive session under Section 2.1-344 A3
of the Freedom of Information Act concerning acquisition and/or use of property
for public purposes.
County Attorney Crook requested an executive session under Section 2.1-
344 A7 of the Freedom of Information Act concerning litigation, under Section
2.1-344 A3 concerning acquisition and/or use of property for public purposes,
under Section 2.1-344 A7 for advice of counsel concerning contract negotiations
and under Section 2.1-344 Al concerning apersonnel matter. The motion was
adopted unanimously (5-0).
Supervisor Spady`requested an executive session under Section 2.1-344 A 1
of the Freedom of Information Act concerning a personnel matter. The motion
was adopted unanimously (5-0).
At 7:55 p.m., .Supervisor Spady moved the Board go into executive session
aftertaking afive-minute recess, for the reasons stated. The motion was adopted
1
unanimously. (5-0).
Upon returning to open session, Supervisor Bradshaw moved the Board i
adopt the following resolution:
CERTIFICATION OF EXECi1TIVF MEETING
WHEREAS, the Board of Supervisors has convened an executive meeting
t
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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
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 Spady moved the Board authorize the Chairman to enter into
a contract for the acquisition of property discussed in executive session. The
motion was adopted unanimously (S-0).
..Supervisor Bradshaw moved to authorize the adjustments provided as
recommended salary adjustments-with the addition of a salary increase to $8.80
per hour for the Museum Administrative Assistant position and that the title of
Administrative Aide for Parks and Recreation be changed to Administrative
Assistant. The motion was adopted unanimously (5-0). .
//
v.
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At 9:03 p.m., Supervisor Cofer moved the Board adjourn. The motion was
..adopted unanimously (5-0).
W. Dou as askey, Cle
enry H. Bradby, Chairman