06-18-1998 Regular MeetingBOOR• ~O.'rAl:~ 21
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD. OF
SUPERVISORS HELD THE EIGHTEENTH DAY OF JUNE IN THE YEAR
NINETEEN HUNDRED NINETY EIGHT
PRESENT: Robert C. Claud, Sr., Chairman
O. A. Spady, Vice-Chairman
Malcolm T. Cofer
Henry H. Bradby
ABSENT: '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
Melinda Goodwyn, Acting Recording Secretary
Chairman Claud called the meeting to order at 6:00 p.m. The invocation
was delivered by Supervisor Spady.
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Chairman Claud called for Special Presentations.
Chairman Claud recognized A. Frank brewery and presented him with a
resolution recognizing his contributions to the American Red Crass.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE
A. FRANK DREWERY FOR HIS CONTRIBUTION
TO THE AMERICAN RED CROSS
WHEREAS, A. Frank brewery was recently identified as having donated
100 pints of blood to the American Red Cross since the early 1960's; and,
WHEREAS, Mr. brewery's donation is equivalent to the amount of blood
typically donated in four (4) separate blood drives; and,
WHEREAS, the donation of blood is critical in saving lives; and,
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WHEREAS, the Board of Supervisors wishes to recognize this noteworthy
achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia the Mr. A. Frank
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brewery is recognized and commended for his lifetime donation of 100 pints of
blood to the American Red Cross.
The motion was adopted unanimously (4-0).
Dr. Jane T. York, Reuben Johns, and Bill McKinney, of the Isle of Wight
County Public Schools and Anne F. Seward, Director of Budget and Finance,
presented the Board a brief overview of the proposed implementation plan for the
Isle of Wight County Community Internet Access Program.. Ms. Johns requested
the Board's approval for the community access, funding for support staff in the
amount of $38,400 and funding for additional phone lines in the amount of
.$2,400, for a total of $40,800. Ms. Seward noted the Board's approval would
provide County staff and citizens with internet access, serve as an economic
development tool, enhance the County's access to General Assembly actions and
promote awareness to County citizens. Ms. Seward noted an initial $16,800 will
be required in next year's budget to complete Phases I and II and she would
recommend coming back to the Board on issues related to Phase III concerning
additional cost for phone lines and any support issues.
County Attorney Crook advised the Board leave the Internet Access
Program under the schools as an educational tool rather than a program of
County government.
Chairman Claud noted the Board would further discuss .the plan at its
budget work session on June 29, 1998.
//
Chairman Claud indicated the following Consent Agenda included Item 2,
A through F, and asked if there were any items for removal:
Western Tidewater Water Authority Loan
Stave Mill Road Convenience Center Site
Delinquent Real Estate Tax Collection Monthly Report
May 7, 1998 Regular Meeting Minutes
May 18, 1998 Continued Meeting Minutes
Preliminary Plat of Gatling .Pointe South Phase 3
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 (4-0).
//
Chairman Claud called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, distributed to the
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Board a copy of a letter from MacFarland Neblett, Resident Engineer, VDOT,
referencing the speed study that was conducted for Holly Run Drive (Route 615),
as requested by Supervisor Bradshaw at an earlier meeting.
Mr. Hartley informed the Board that he attended VDOT's primary road
hearing on June 11, 1998 and relayed the Board's concerns regarding additional
funding allocated for certain highway projects. He stated that the Franklin
Residency had offered to come to the Board to make a presentation on the status
of the bridge over the Blackwater River.
Mi-. Hartley informed the Board that he was proceeding with the RFP for.
the surveying work associated with the rural addition project.
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Supervisor Cofer moved the Board amend the order of the agenda in order
to hear Old Business. The motion was adopted unanimously (4-0).
//
Chairman Claud called for Old Business.
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The application of Thomas L. Newton, Jr. and Thomas S. Word, trustees
for a change in zoning classification of approximately 609 acres of land
currently zoned NC-Residential General, General Industrial and General
Commercial. Approximately 87 acres are proposed to be rezoned to
Conditional General Commercial. and approximately 522 acres are
proposed to be rezoned to Conditional Planned Development Residential..
This property, known as the Springfield Tract .and formerly part of the
Graymor Development Plan, is located on the east and west sides of
Carrollton Boulevard (Route 17) in Newport Magisterial District. The
purpose of the application is for general commercial development, single
family residential and multi-family residential development as conditioned.
Chairman Claud explained the Board is not in a position tonight to take
action and moved the Board table the matter until its regular meeting of August
20, 1998. The motion was adopted as follows: Claud, Cofer, Bradby and Spady
voting in favor of the motion; none voting against.
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Supervisor Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (4-0).
//
Chairman Claud called for Citizens Comments.
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Tom Gaskell, President, Isle of Wight County Republican Party, spoke
before the Board noting concerns of the Republican Party regarding the Graymor
rezoning application. The Republican Party suggests that East West Partners
should make serious cash proffers to soften the financial impact to the County,
the size of the development should be limited according to the new County
guidelines and impact studies should be made concerning the environmental
impact of the runoff of storm drainage in the James River and its effect on
fishing, wetlands and wildlife.
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Chairman Claud called for the Community. Development report.
Mr. Hartley offered no Community Development report for discussion by
the Board.
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Chairman Claud called for the Public Utilities report.
E. Wayne Rountree, P.E., Director of Public Utilities, stated bids were
received on June 9, 1.998 for approximately 10,000 feet of twelve (12) and
sixteen (16) inch water main that would extend from the Carisbrooke well
eastward along Carrollton Boulevard to Sugar Hill Road. A low bid of $474,068
was submitted by Precon Construction. and he would recommend the Board
approve the contract to Precon Construction, that the Chairman be authorized to
sign the contract contingent upon the County Attorney's review, and adopt an
appropriations resolution.
-Supervisor Spady moved the Board award the contract to .Precon
Construction, that the Chairman be authorized to sign same contingent upon the
County Attorney's review and approval as to form and that the Board adopt the
following resolution:
RESOLUTION TO APPROPRIATE FIVE HUNDRED THOUSAND
DOLLARS FROM THE UTILITY CONSTRUCTION FUND FOR THE
NORTHERN DEVELOPMENT SERVICE DISTRICT~WATER LINE
WHEREAS, the .Board of Supervisors of the County of Isle of Wight,
Virginia has approved project funds for the Northern Development Service
District Water Line; and.
WHEREAS, the funds in the amount of five hundred thousand dollars
($500,000) need to be appropriated from the utility construction fund to the
1997-98 Capital Projects Budget for the installation of a water line in the
Northern Development Service District of the County of Isle of Wight.
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NOVy, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that five hundred
thousand dollars ($500,000) be appropriated from the utility construction fund
to the 1997-98 Capital Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the .County Administrator of the
County of Isle of Wight, Virginia is authorized to .make the appropriate
accounting adjustments in the budget and to do all the things necessary to give
this resolution effect.
The motion was adopted as follows: Claud, Cofer, Bradby and Spady
voting in favor of the motion; none voting against.
//
Chairman Claud called for the County Administrator's report.
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Ms. Seward briefed the Board on the additional need for data processing
user access points. Ms. Seward recommended the Board proceed with Options
3 or 4 and that the Finance Committee and herself meet with Monette
Information Systems to discuss which option would be best for the County.
Supervisor Spady moved the Board direct the Finance Committee and
Finance Director to meet with Monette Information Systems to discuss Options
3 and 4 and provide the Board with a recommendation. The motion was adopted
as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none
voting against.
County Administrator Caskey recommended the Board .approve an annual
agreement with the Western Tidewater Health District for services beginning on
July 1, 1997 and ending on June 30, 1998 .subject to any input from the County
Attorney.
County Attorney Crook recommended the Western Tidewater Health
District Agreement to the Board for approval.
Supervisor Spady moved the Board approve the Statement of Agreement,
as provided by the Western Tidewater Health District. The motion was adopted
as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none
voting against.
L
County Administrator Caskey- presented a .request from Dr. Alexander
Decker, Assistant Superintendent for Schools, regarding the County's assistance
in making cable television available at several sites.
Sharon Stallings, General Manager, Insight Cablevision, recommended that
she be provided an opportunity to speak further with Schools' representatives
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regarding other alternatives as the cost of the cable would have to be absorbed
by all the other residents.
Chairman Claud moved the Board direct County staff and School Board
staff meet with Insight Communications Company and provide the Board with
a recommendation. The motion was adopted as follows: Claud, Cofer, Bradby
and Spady voting in favor of the motion; none voting against.
County Administrator Caskey recommended the Board accept the low bid
from Southern States Tidewater Petroleum Cooperative, .Inc. for gas, oil and
diesel fuel. .
Supervisor Spady moved the Board accept the low bid from Southern
States Tidewater Petroleum Cooperative, Inc. The motion was adopted as
follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none
voting against.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ABSOLVE DEBT OF THE PUBLIC UTILITIES
ENTERPRISE FUND TO THE GENERAL FUND 1N THE AMOUNT
OF ONE HUNDRED SEVENTY SEVEN THOUSAND TWO
HUNDRED FIVE DOLLARS
WHEREAS,. The Board of Supervisors of the County. of Isle of Wight
approved two loans to the Public Utilities Enterprise Fund on June 20, 1996 and
November 2 l , 1996 in the amounts of $63,000 and $114,205 respectively for
various fund expenses; and,
WHEREAS, these loans have been absolved by the Board of Supervisors
given the current financial condition and. obligations of the Public Utilities
Enterprise Fund .and that said absolution is in the best. interest of the County's
financial reporting.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia, that approved
loans in the amount of one hundred seventy seven thousand two hundred five
dollars ($177,205) issued to the Public Utilities Fund for various fund expenses.
be absolved by adoption of this resolution.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give this
resolution effect.
The motion was adopted as follows: Claud, Cofer, Bradby and Spady
voting in favor of the motion; none voting against.
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At the recommendation of the. County Attorney, Supers~isar Cofer moved
the Board defer action on the Resolution to Absol~~e Dept of the County and
School Health Insurance Funds to the General Fund in the amount of $320,000
until the Board's regular meeting of July 16, 1998 to allow the County Attorney
an opportunity to study the legal impact. The motion vas adopted as follows:
Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting
against.
Eileen Smith of the Isle of Wight County Sheriff's Office, distributed to the
Board .information on requirements for Incident-Based Reporting (IBR)
certification. Ms. Smith presented the Sheriff s request for approval of the grant
application and $5,250 in local matching funds.
Supervisor Cofer moved the Board approve the Sheriffs request for local
matching funds in the amount of $5,250 so that the application can be filed. The
motion was adopted as follows: Claud, Cofer, Bradby and Spady voting in favor
of the motion; none voting against..
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At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the
agenda in order to conduct the public hearings. The motion was adopted
,unanimously (4-0).
//
Chairman Claud called for Public Hearings.
An Ordinance to Abandon a Portion of the Right-of--Way Area for the Cul-
De-Sac of Watch Harbor Circle, State Route 1179, Gatling Pointe
Subdivision
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed Ordinance.
William H. Riddick, III, Attorney representing the applicant, spoke in favor
of the Ordinance. Attorney Riddick noted Lot 7 borders on the marsh and the
property owner needs to come forward on the lot so that the home does not
encroach on the marsh.
Chairman Claud closed the public hearing and called for comments from
the Board.
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Supervisor Cofer moved the Board adopt the following Ordinance:
AN ORDINANCE TO ABANDON A PORTION OF THE
RIGHT-OF-WAY AREA. FOR THE CUL-DE-SAC OF
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WATCH HARBOR CIRCLE, STATE ROUTE 1179,
GATLING POINTE SUBDIVISION
WHEREAS, there is a plat recorded in the Clerk's Office for the Circuit
Court of Isle of Wight, County,. Virginia in Plat Book 14, at page 29 on June 23,
1998, which depicts the right-of--way area for the cul-de-sac. at the western
terminus of Watch Harbor Circle, State Route 1179, Gatling Pointe Subdivision,
Isle of Wight county, Virginia; and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
be Resolution duly adopted by said Board on August 16, 1990, requested the
Commonwealth of Virginia Department of Transportation to take Watch Harbor
Circle into the State Secondary Highway system as shown on said plat; and,
WHEREAS, the portion of said right-of--way shown on the attached plat is
surplus area not needed by the Commonwealth of Virginia Department of
Transportation for the maintenance of State Secondary Highway 1197, said plat
being entitled "EXHIBIT SHOWING AREAS OF EXCESS RIGHT OF WAY
LOCATED ON WATCH HARBOR CIRCLE STATE ROUTE 1.197 GATLING
POINTE SUBDIVISION ISLE OF WIGHT COUNTY, VIRGINIA," dated 8/6/97
by Sledd & Associates, P.C.; and,
WHEREAS, the property owners abutting on Watch Harbor Circle cul-de-
sac, by their attorney, have requested the County proceed to abandon said excess
right-of--way; and,
WHEREAS, the properties abutting said portion of said excess right-of-
way, will become vested with the ownership of that portion of the right-of--way
so vacated such that their properties will front on the remaining platted cul-de-sac
of Watch Harbor Circle and said platted excess right-of--way serves no public nor
private purpose as aright-of--way; and,
WHEREAS, the General Assembly of Virginia has authorized governing
bodies of counties to abandon plats, after sale of lots, including roads within the
secondary system of highways as provided in Section 15.1-482 of the Code of
Virginia; and,
WHEREAS, the governing body of the County of Isle of Wight, Virginia
has pursuant to Section 15.1-482 of the Code of Virginia given notice of a public
hearing of said governing body for the adoption of an Ordinance for the
abandonment of said excess right-of--way, including giving notice to the
Transportation Commissioner of the Commonwealth of Virginia, and, after
hearing from interested persons and the public. in general, the Board of
Supervisors of Isle of Wight County, Virginia, is of the opinion that the platted
excess. right-of--way serves no public or private purpose, and that the
abandonment of said excess right-of--way will vest ownership in said abandoned
excess right-of--way in the abutting .property owners so that their properties will
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still abut on,the cul-de-sac of Watch Harbor Circle and consequently, said excess
right-of--way as shown on the aforesaid plat of Sledd & Associates as "R/W areas
4 through 9," should be and the same are hereby abandoned pursuant to Section
15.1-482 of the Code of Virginia, as amended.
The motion was adopted as follows: Claud, Cofer, Bradby and Spady
voting in favor of the motion; none voting against.
An Ordinance to Amend the Subdivision Ordinance of Isle of Wight
County for New Provisions Regarding Exempted Subdivisions
Chairman-Claud called for persons to speak in favor of or in opposition to
the proposed Ordinance.
Upon no one appearing, Chairman Claud closed the public hearing and
called for comments from the Board.
Supervisor Spady moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE
OF ISLE OF WIGHT COUNTY FOR NEW PROVISIONS
REGARDING EXEMPTED SUBDIVISIONS
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BE IT AND IT IS HEREBY ORDAINED that the following Sections of
the .Subdivision Ordinance of Isle of Wight County, Virginia, be amended
respectively to read as follows:
Section 3-4-1. Exempted subdivisions of land.
The following subdivisions of land shall be exempted from all
provisions of this Ordinance except the provisions of Section 3-4-2:
(a) Any sale or other transfer of bulk property for agricultural,
horticultural or silvicultural purposes, not involving any new street (the
granting of a right-of-way for access shall not be deemed. to involve any
new street) provided such divisions shall have the following notation on
the recorded plat: "Residential development will require Residential
Zoning pursuant to Section 3-8 of this Ordinance of Isle of Wight County,
Virginia, as amended."
(b) 'Any division of property handed down by Court action.
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(c) The sale, exchange or other transfer of parcels between
adjoining lot owners, where it does not create additional building sites or
make existing lots of lesser width or area than required by this Ordinance.
(d) A subdivision for the purpose of development of a residential
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lot provided that there are not more than two such lots made available for
residential purposes from any one tract, parcel or lot of land.
Section 7-28. Subdivision.
The division or redivision of a lot, tract, or parcel of land by any
means into two (2) or more lots, tracts, parcels or other divisions of land
including changes in existing lot lines for the purpose, whether immediate
or future, of lease, transfer of ownership or building or lot development.
The term "subdivision" shall also mean the following:
(a) Any development of a parcel of land which involves
installation of sanitary sewers, storm sewers, water mains, gas mains or
pipes, or other appropriate facilities for the use,- whether immediate or
future, of the owners or occupants of the land, or of the building abutting
thereon.
(b) Any development of a parcel of land involving two (2) or more
principal structures or involving shopping centers, multiple dwelling
projects and the like which require the installation of streets and/or alleys,
even though the streets and alleys may not be dedicated to public use and
the parcel may not be divided for purposes of conveyance, transfer or sale.
(c) The term "subdivision" includes resubdivision, and as
appropriate in this ordinance, shall refer to the process of subdividing the
land or to the land subdivided.
The motion was adopted as follows: Claud, Cofer, Bradby and Spady
voting in favor of the motion; none voting against.
An Ordinance to Amend the Zoning Ordinance of Isle of Wight County,
Virginia, to Delete Section 3814 Subdivision for Agricultural Uses
Therefrom
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed Ordinance.
Upon no one appearing, Chairman Claud closed the public hearing and
called for comments from the Board.
Supervisor Cofer moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF
ISLE OF WIGHT COUNTY, VIRGINIA, TO DELETE SECTION
3814 SUBDIVISION FOR AGRICULTURAL USES THEREFROM
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
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Isle of Wight County, Virginia that Section 3814 Subdivision for Agricultural
Uses be and the same is hereby repealed, revoked and deleted from the Zoning
Ordinance of Isle of Wight County, Virginia.
The motion was adopted as follows: Claud, Cofer, Bradby and Spady
voting in favor. of the motion; none voting against.
An Ordinance to Amend the Zoning Ordinance of Isle of Wight County
Regarding Underground Utilities to Allow Extension of Overhead Utilities
Parallel and Adjacent to State Roads, in Rural Agricultural Conservation
Districts, Industrial Parks and for Lots .Greater Than Five Acres
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed Ordinance.
Gene Thresher, Operations Manager, Community Electric Cooperative,
spoke in favor of the proposed Ordinance. Mr. Thresher noted a high cost
burden under the existing ordinance on new consumers wishing to build on large
lots.
Chairman Claud closed the public hearing and called for comments from
the Board.
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Supervisor Bradby moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE
OF WIGHT COUNTY REGARDING UNDERGROUND UTILITIES TO
ALLOW EXTENSION OF OVERHEAD UTILITIES PARALLEL AND
ADJACENT TO STATE ROADS IN RURAL AGRICULTURAL
CONSERVATION DISTRICTS, INDUSTRIAL PARKS
AND FOR LOTS GREATER THAN FIVE ACRES
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County, Virginia, that Section 10304, Underground Utilities, of the
Zoning Ordinance of Isle of Wight County, Virginia, be amended as follows:
section 10304 Underground Utilities.
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A. As used. in this Ordinance, the term "customer utility service"
means all of those wires, conduits, pipes, cables and appurtenant
equipment located between the existing utility distribution facilities on the
property or the boundary line of the property where no such facilities exist
and the wall of the building owned and/or occupied by a customer in the
case of an electric power, telephone, telegraph or cable television system;
and, all those conduits, pipes, and appurtenant equipment located between
the street main and the wall of the building occupied by a customer in the
case of gas, water, steam, petroleum or sewer system.
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B. All new customer utilities, services, including but not limited
to all wires, cables, pipes, conduits and appurtenant equipment, carrying
or used in connection. with the furnishing of electric power, telephone,
telegraph, cable televisions, petroleum, gas, steam, water or sewer systems,
shall, after the effective date of this Ordinance be placed below the surface
of the ground; provided, that:
1. Equipment such as electric distribution transformers,
transmission 33KV and above, switchgear, meter pedestals and telephone
pedestals, which are normally installed above ground and in accordance
with accepted utility practices for underground distribution systems may
be so installed;
2. Meters, service connections and similar equipment normally
attached to the outside wall of the premises it serves may continue to be so
installed.
3. Overhead utilities services existing as of October 29, 1974,
may be repaired, replaced or increased in capacity; and relocated parallel
and adjacent to pre-existing State roads.
4. Temporary overhead facilities required for construction
purposes will be permitted.
5. Whenever relocation of utility facilities is compelled by any
construction undertaken by any unit of government, the provisions of this
section may be waived by the Board of Supervisors or its agent.
6. .Overhead farm and industrial customer utility services and
wiring which is on property owned and/or occupied by the users. thereof
will be permitted.
7. Underground utilities will not be required in those areas of the
County zoned Rural Agricultural Conservation Districts under the Zoning
Ordinance of Isle of Wight County.
8. Underground utilities will not be required in industrial parks
which would be defined as subdivisions by the Subdivision Ordinance of
Isle of Wight County if zoned to an industrial use under the Zoning
Ordinance of Isle of Wight County.
9. Overhead utilities services may be extended within a
subdivision where the. average lot size (excluding. the original parcel) is
greater than five (5) acres and may further be extended in any case where
such extension would be parallel and adjacent to public roads existing as
of October 29, 1974. Utilities services along roads not existing as of
October 29, 1974, and internal to a subdivision where the average lot size
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(excluding the original .parcel) is five (5) acres or less must be
underground. Overhead utilities services may be extended along or across
other public roads as authorized by the County agent.
C. All improvements herein required shall be in accordance with
accepted standards of utility practice for underground construction.
The motion was adopted as follows: Claud, Cofer, Bradby and Spady
voting in favor of the motion; none voting against.
The application of Sidney C. Newsome, Jr. for a Conditional Use Permit
to locate a mobile home, to be occupied by his two.(2) sisters, on one (1)
acre of land located on .the west side of Deer Path Trail (Route 600) at
23326 Deer Path Trail, Windsor, in Windsor Magisterial District.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Sidney C. Newsome, applicant, requested the Board approve the
application.
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Chairman Claud closed the public hearing and called for comments from
the Board.
Chairman Claud moved the Board approve the application of Sidney C.
Newsome, Jr., as conditioned. The motion was adopted as follows: Claud,
Cofer, Bradby and Spady voting in favor of the motion; none voting against.
The application of Michael G. Johnson to amend Conditional Suburban
Estate zoning of approximately 5.5 acres of land located an the north side
of Mallard Cove Lane in Newport Magisterial District. The purpose of the
application is for the creation. of two (2) lots for sale and one (1) for an
immediate family member transfer.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Michael G. Johnson, applicant, spoke in favor of the application.
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County Attorney Crook noted the applicant orally proffered to the Planning
Commission the proffer of $1,500 for each of the lots to be sold, but not on the
family member lot.. Mr. Johnson agreed. County Attorney Crook said the proffer
must be in writing.
Mr. Johnson agreed to proffer $1,500 for each of the lots to be sold and
signed a written statement to that effect.
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Chairman Claud closed the public hearing and called for comments from
the Board.
Supervisor Bradby moved the Board approve the application of Michael
G. Johnson, as proffered. The motion was adopted as follows: Claud, Cofer,
Bradby and Spady voting in favor of the motion; none voting against.
The application of Hampton Promotions, Inc. for a change in zoning
classification from RAC, Rural Agricultural Conservation, to C-SR,
Conditional Suburban Residential, approximately 3.45 acres of land
located on the west side of Smith's Neck Road between Reynolds Drive
and Haynes Lane in Newport Magisterial District. The purpose of the
application is for the creation of three (3) single family residential lots.
County Attorney Crook noted the agenda should be corrected to reflect
Rural Agricultural Conservation to Conditional Suburban Residential. County
Attorney Crook noted the advertisement was advertised properly, however, it is
listed incorrectly in the agenda.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Robert Jones, Attorney, for the applicant, spoke on behalf of the applicants.
Chairman Claud closed the public hearing and called for comments from
the Board.
Supervisor Spady moved the Board approve the application of Hampton
Promotions, Inc., as proffered. The motion was adopted as follows: Claud,
Cofer, Bradby and Spady voting in favor of the motion; none voting against.
The application of the Z.T. Holland Estate for a change in zoning
classification from RAC, Rural Agricultural Conservation, to RR, Rural
Residential, approximately 1.75 acres of land located at 26585 River Run
Trail in Windsor Magisterial District. The purpose of the application is for
the creation of one (1) single family residential lot.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Otto Wegman, executor of the estate of Z.T. Holland, spoke on behalf of
the applicant.
Chairman Claud closed the public hearing and called for comments from
the Board.
Chairman Claud moved the Board approve the application of Z.T. Holland
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Estate. The. motion was adopted as follows:. Claud, Cofer, Bradby and Spady
voting in favor of the motion; none voting against.
//
Supervisor Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (4-0).
//
Chairman Claud called for the continuation of the County Administrator's
report.
Chairman Claud moved the Board nominate A. Frank brewery for
appointment to the Board of Equalization representing -the Windsor District. and
Harry Duval representing the Carrsville District. The motion was adopted as
follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none
voting against.
Ms. Seward noted bids have been received on the Virginia. Retirement
System (VRS) refunding note and she recommends the low bid of Crestar Bank
with a taxable interest rate of 6.34% and anon-taxable interest rate of 4.41 %.
Supervisor Cofer moved the Board accept the bid of Crestar Bank as the
low bid .for the VRS Refunding. Note. The motion was adopted as follows:
Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting
against.
//
Chairman Claud called for New Business.
There was no New Business offered for discussion by the Board.
U
Chairman Claud called for Appointments.
There were no appointments offered by the Board.
//
Chairman Claud called for the County Attorney's report.
County Attorney Crook stated he and the Director of Budget and Finance
met with the auditor of the Board's choice and negotiated a contract for the three
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(3) years of auditing service. He stated the contract is for $20,000 the first year,
$20,500 the second year and $21,000 the third year. County Attorney Crook
recommended the Board authorize the County Administrator to sign the Letter
of Agreement.
Supervisor Spady moved the Board approve the contract and authorize the.
County Administrator to sign the Letter of Agreement. The motion was adopted
as follows: Claud, Cofer, Bradby and Spady voting in favor of the motion; none
voting against.
County Attorney Crook informed the Board that a meeting had been
scheduled for June 25, 1998 at 4:00 p.m. in the Board Room to discuss the
Burwells .Bay issues raised at a previous meeting.
County Attorney Crook informed the Board that at their request he had
reviewed the "Gilded Six Bits" .film script and he would forward it to the
Museum Foundation for its recommendation and bring the matter back to the
Board at its June 29, 1998 meeting.
County Attorney Crook advised he has reviewed the Chesapeake Bay Local
Assistance Contract #99,-1-035, which includes funding for the Environmental
Planner position and. which callsfor monitoring pump-out of septic tanks.
Supervisor Spady moved the matter be tabled until the Board's July 2, 1998
meeting. In the interim, County staff and the County Attorney will review the
Chesapeake Bay Local Assistance Contract and provide the Board with a
recommendation. The motion was adopted as follows: Claud, Cofer, Bradby
and Spady voting in favor of the motion; none voting against.
County Attorney Crook presented. a Deed of Trust and Note to secure the
proffers of West Bank Land Trust and he recommended the Board approve the
Deed of Trust and Note and authorize the Chairman to sign on behalf of the
County.
Supervisor Cofer moved the Board approve the Deed of Trust and Note
and authorize the Chairman to sign the Deed of Trust. The motion was adopted
as follows: Claud, Cofer, Bradby and Spady voting in favor ~of the motion; none
voting against.
County Attorney Crook informed the Board that he had received the
proposed lease agreement for Robinson Park from the Town of Windsor's
Attorney, but wanted to .further review it with the Town Attorney before
presenting it to the Board.
County Attorney Crook presented a Health Department building lease for
the Board's consideration and for the property located across the street from the
Health Department which he recommended the Board approve.
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1
Supervisor Spady moved the Board approve the Health Department
building lease and the office space lease and authorize the Chairman to sign same
once received. The motion was adopted as follows: Claud, Spady, Bradby and
Spady voting in favor of the motion; none voting against.
//
County Attorney Crook requested an executive session. under Section 2.1-
344 Al for discussion with staff concerning a personnel matter; under Section
2.1-344 A3 for discussion with staff and counsel on two matters related to
acquisition and/or use of properly public for public uses; and, under Section 2:1-
344 A7 concerning three matters involving actual or potential litigation requiring
advice of counsel.
Supervisor Cofer moved the Board enter executive session for the reasons
stated by the County Attorney. The motion was adopted unanimously (4-0).
.Upon returning to open session, Supervisor Cofer moved. the Board adopt
the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
I
WHEREAS, the Board of Supervisors has convened an executive meeting
on this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.1-344.1A ofthe 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.. .
n
AYES: 4 (Claud, Cofer, Bradby and Spady)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING:. 1
17
BOOM ~O rA&f ~~
The motion was adopted. as follows: Claud, Cofer, Bradby and Spady
voting in favor of the motion; none voting against.
//
Ms. Seward requested the Board approve aone-time capital cost of $4,800
to extend a line of fiber between the School Annex and the County Courthouse
to provide internet access to County offices. Ms. Seward noted the necessary
funds are included in the budget.
Supervisor Cofer moved the Board approve the request to extend a line of
fiber between the School Annex to the County offices to provide Internet access
to County offices in the amount of $4,800. The motion was adopted as follows:
Claud, Cofer, Bradby and Spady voting in favor of the motion; none voting
against.
//
At 7:50 p.m., Supervisor Cofer moved the Board continue its meeting until
June 29, 1998 at 3:30 p.m. The motion was adopted unanimously (4-0).
1
~%
Robert C. Claud, Chairman
W. Dougl s skey; Cle
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