09-17-1998 Regular MeetingBOOK. 10ra~'1•,8
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF SEPTEMBER IN THE
YEAR NINETEEN HUNDRED NINETY EIGHT
PRESENT: ~ Robert C. Claud, Sr., Chairman
Malcolm T. Cofer
Phillip A. Bradshaw
Henry H. Bradby
ABSENT: O. A. Spady
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Casket', County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of Human
Resources
Carey H. Mills, Recording Secretary
Chairman Claud called the meeting to order at 2:00 p.m. The invocation
was delivered by Supervisor Cofer.
The Pledge of Allegiance was delivered.
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Chairman Claud called for Special Presentations.
Chairman Claud recognized Constance Rhodes, Executive Director, Isle
of Wight/Smithfield/Windsor Chamber of Commerce who presented the Board
with a regional Hampton Roads flag intended for display at the Courthouse.
George Bradby and Dr. Jane T. York requested the Board appropriate
additional funding for two (2) teaching positions. Dr. York noted last Spring the
School Board, in order to balance its budget, reduced 1.5 unassigned teaching
positions which were reserved for enrollment growth. Dr. York explained that
while the schools are in compliance with State-mandated pupil teacher ratios,
there is a need for a Kindergarten teacher at the Carrollton Elementary School
and a Special Education teacher at the Smithfield High School.. Dr. York
recommended the source of funding for these two (2) additional teachers be from
the School Operating FY1997-98 unexpended balance. Dr. York noted she will
return to request the Board to appropriate additional funds from the School's
FY1997-98 unexpended balance after the School Board has reviewed the staffs
recommendation.
Supervisor Cofer moved the Board appropriate $80,000 from the County's
unappropriated fund balance to be earmarked from the Schools' unexpended fund
balance until funds are available. The motion was adopted as follows: Claud,
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Cofer, Bradby and Bradshaw voting in favor of the motion (4-0); none voting
against:
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Chairman Claud indicated the following Consent Agenda included Item 2,
A through C, and asked if there were any items for removal::
A. Delinquent Real Estate Tax Collection Monthly Report
B. Continued Meeting Minutes of August 6, 1998
C. Regular Meeting Minutes of August.20,1998
Supervisor Bradby moved the Board adopt the Consent Agenda. The
motion was adopted unanimously (4-0).
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Chairman Claud called for Transportation Matters.
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Jonathan W. Hartley, Director of Planning and Zoning, notified the Board
of a letter received from James S. Givens, State Secondary Roads Engineer,
VDOT, that Merritt Cove Road is to be considered for inclusion in the State
Secondary Road System by the Commonwealth Transportation Board on
September 17, 1998.
Mr. Hartley notified the Board of a request he received from Emma Gorsie
for a reduction of the speed limit on Oliver Drive from 35 mph to 40 mph. Mr.
Hartley noted that staff has contacted Sheriff Phelps and has advised Mrs. Gorsie
that speed limit reduction is a responsibility of VDOT.
Chairman Claud requested staff contact the Sheriff to request enforcement
of the current speed limit of 40 mph along Oliver Drive. Staff was further
requested to provide the Board with a report on the Sheriffs findings.
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Chairman Claud called for Citizens Comments.
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Marion C. Neighbours, President, Friends of the Windsor Library (The
Friends), presented the Board with a blueprint for the enlargement of the
Windsor Library from the existing 1,500 square feet to 2,284 square feet. Mr.
Neighbours noted the Camp Foundation has promised $7,500 and The Friends
will contribute $3,000, as well as equip the addition.
Chairman Claud moved the Board authorize bids go out on the plans and
authorize expenditures up to $32,000 from the Capital Budget. The motion was
adopted as follows: Claud, Cofer, Bradby and Bradshaw voting in favor of the
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motion (4-0); none voting against.
Pat Clark of Carrollton addressed the Board on the possibility of down
zoning the Graymor Property. Mr. Clark requested the Board investigate Mr.
Hailsworth's inquiry at a recent Isle of Wight Citizens Association meeting if the
County could down zone the Graymor property due to no substantial action on
the part of the owner on the land throughout the years.
Supervisor Bradshaw moved the Board request the County Attorney to
contact Mr. Hailsworth in regard to comments he made at the Isle of Wight
Citizens Association meeting held on September 14, 1998 at Nike Park wherein
he inquired if the County could consider down zoning the Graymor property
application since there has been no activity on the application throughout the
years. The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw.
voting in favor of the motion (4-0); none voting against.
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Chairman Claud called for. the Community Development report.
Mr. Hartley provided the Board with an update on the Virginia Coalition
of High Growth Communities. Mr. Hartley highlighted the various legislative
issues listed in a handout provided to the Board.
Chairman Claud moved that the Board support the recommendation of
staff on the following .five (5) General Assembly Bills and that these
recommendations be sent to the Chairman of the Commission on High Growth:
Impact Fees for School Con traction (SB 693): Staff would
recommend that the Board of Supervisors oppose SB 693, as
presently proposed, unless it is amended to apply statewide (or at
least to high growth communities), includes all capital
improvements affected by growth, and carves no specific dollar
limitation.
Adequate Public Facilities ( B 3.55): Staff would recommend. that
the Board of Supervisors support this proposed legislation since it
reinforces .existing code provisions, but would also encourage
amendment to specifically allow for the denial of a subdivision or
rezoning proposal when it exceeds a reasonable capacity of the
existing or proposed public facilities.
mitation onthe Use of Special Excepti
B 62 : Staff would recommend that the Board of Supervisors
oppose this legislation on the basis that the decision on the use of
this and similar land use tools should be a local legislative decision.
If basic legal principles are at question, a court of law, not the
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legislature, should determine. the validity of its use, application,: and
administration.
Vested Ri hg is (~B 5701: Staff recommends that the Board of
Supervisors encourage the repeal of the entire 1998 amendment
dealing with vested rights.
School Construction Funding (SB 40051: Staff recommends that the
Board of Supervisors strongly support continued funding from State
sources to meet the growing school construction needs statewide.
Such funding should be increased to substantially meet the needs
that exceed reasonable local resources, with particular attention to
the needs of the high growth communities. Finally, it is the intention
of the Board to closely monitor the activities of the Commission on
State Funding of Public School Construction.
The. motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw
voting in favor of the motion (4-0); none voting against.
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Supervisor Bradshaw further moved the Board direct staff to meet with the
..press and prepare a public notice informing citizens about the County's position
on the five (5) General Assembly Bills. The motion was .adopted as follows:
Claud, Cofer, Bradby and Bradshaw voting in favor of the motion (4-0); none
voting against.
E. Wayne Rountree, Director of Public Utilities, briefed the Board on the
cost for the water system foi• the Northern Development Service District (NDSD).
Mr: Rountree advised the report noted a possibility of interconnecting the
Carisbrcok and Berms Church. existing water systems in the NDSD which,
combined, could be pumped to the capacity of the well. Originally approved by
the State Health Department, this concept can no longer apply. The projected
2018 population of the NDSD is approximately 32,000 people which would
result in a projected water demand of approximately 3.4 million gallons .per day.
The potentiaLwater sources to serve the NDSD were divided into short term
sources and long term sources. The short term sources included utilizing well
systems in the NDSD and utilizing the Town of Smithfield. The. Town of
Smithfield was not pursued due to quality and quantity problems, as well as
contractual restrictions. The combining of two (2) existing well. systems,
Carisbrooke and Berms Church, was recommended as an alternative with the
option of adding an additional well and blending, and ultimately fluoride removal
by way of treatment of two (2) treatment systems. The long term water solutions
for the NDSD included new ground water, with treatment to remove fluoride,
purchase and treatment of raw water from the City of Norfolk, purchase of
treated water from either Portsmouth or ..Suffolk and participation in a
Suffolk/Isle of Wight Regional .Water Authority. The Suffolk/Isle of Wight
Water Authority was the recommended approach. A computer model was
established to determine the pipe size and layout of the water system for the
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entire NDSD. The system was established and cost estimates were $40,000,000.
A first phase transmission. system, including an elevated tank at Bartlett and well
modifications at Bartlett and Benns Church, was estimated at $6,000,000. The
debt repayment restructure of the $6,000,000 would result in a total local
contribution over a seven (7) year period to the utility operating budget of $1.2
million. Over the next twenty (20) years as this system grows and connection
and user fees increase, the utility system would realize a revenue over expense
surplus of $4.3 million. The report is in a preliminary state and currently being
reviewed by State agencies which will be returned to the Board for consideration
upon their adoption, stated Mr. Rountree.
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Chairman Claud called for the County Administrator's report.
Sharon Stallings, Regional Manager, Falcon Cablevision,; and General
Manager for Insight Cablevision, requested the Board's approval of the proposed
transfer of the franchise from Insight Cablevision to Falcon Cablevision.
Recognizing the problems incurred by Falcon with the City of Suffolk,
Chairman Claud asked Ms. Stallings how the change would affect County
residents.
Ms. Stallings noted the problems incurred with the City of Suffolk occurred
two years ago and the Suffolk City Manager has since agreed to move forward
and review the services of Falcon Cable, Ms. Stallings noted Falcon Cable has
recently announced its partnership with TCI, the largest cable company in the
country. Ms. Stallings noted she feels strongly that the level of service by Falcon
Cable will be excellent and she does not anticipate any changes in terms of the.
County's customer service expectations. Ms. Stallings noted. when the franchise
is transferred, Falcon Cable is bound by the same terms of the franchise as
Insight Cablevision.
County Attorney Crook noted he has reviewed the Letter of Intent. Falcon
Cable needs local approvals, as well as Federal Communications Commission
approval, before it can complete the agreement. County Attorney Crook stated
he sees no reason for the County. to withhold its approval.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA
APPROVING THE TRANSFER OF THE CABLE TELEVISION
FRANCHISE
WHEREAS, Insight Communications Company, L.P. ("Franchisee") owns,
operates,. and maintains a cable television system ("System") in the County of Isle
of Wight, Virginia (the "Franchise Authority"), pursuant to Ordinance to
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Franchise dated December 21, 1995, Ordinance to Renew Franchise Agreement
dated August 17, 1995, Ordinance to Amend Franchise dated 1995, Ordinance
to Amend Franchise dated December 15, 1994, Ordinance to Amend Franchise
dated December 6, 1990, Ordinance to Amend Franchise dated April 16, 1987,
and Franchise Ordinance dated November 18, 1982 (the "Franchise"), and
Franchisee is the duly authorized holder of the Franchise; and,
WHEREAS, Franchisee, and Falcon Cablevision {"Transferee") are parties
to a letter of intent, pursuant to which the System and the Franchise will be
transferred to Transferee (the "Transfer"); and,
WHEREAS, Franchisee and Transferee have requested consent by the
Franchise Authority to the Transfer in accordance with the requirements of the
Franchise and have filed an FCC form 394 with the Franchise Authority; and,
WHEREAS, the Franchise Authority has investigated the qualifications of
Transferee and finds it to be a suitable transferee:
NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE
AUTHORITY AS FOLLOWS:
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SECTION 1. The Franchise Authority hereby consents to the Transfer, all in
accordance with the terms of the Franchise.
SECTION 2. The Franchise Authority confirms that (a) the Franchise was
properly granted or transferred to Franchisee, (b) the Franchise is currently in full
force and effect and will expire on August 17, 2010, subject to options in the
Franchise, if any, to extend such term, (c) the Franchise supersedes all other
agreements between the parties, (d) the Franchise represents the entire
understanding of the parties and Franchisee has no obligations to the Franchise
Authority other than those specifically stated in the Franchise, and (e) Franchisee
is materially incompliance with the provision of the franchise and there exists
no fact or circumstance known to the Franchise Authority which constitutes or
which, with the passage of time or the giving of notice or both, would constitute
a material default or breach under the Franchise or would allow the Franchise
Authority to cancel or terminate the rights thereunder.
SECTION 3. Transferee may transfer the Franchise or control related thereto to
any entity controlling, controlled by, or under common control with Transferee.
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SECTION 4. The Franchise Authority hereby consents to and approves .the
assignment, mortgage, pledge, or other encumbrance, if any, of the Franchise, the
System, or assets relating thereto, as collateral for a loan.
SECTION 5. This resolution shall be deemed effective upon the closing of the.
Transfer (the "Closing Date").
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SECTION 7. The Franchise Authority releases Franchisee, effective upon the
Closing Date, from all obligations and liabilities under the Franchise that accrue
on and after the Closing Date; provided that Transferee shall be responsible for
any obligations and liabilities under the Franchise that accrue on and after the
Closing Date.
SECTION 8. This Resolution shall have the force of a continuing agreement.
with Franchisee and Transferee, and Franchise Authority shall not amend or
otherwise alter this Resolution without the consent of Franchisee and Transferee..
The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby
voting in favor of the motion (4-0); none voting against.
County Administrator Caskey noted the County. was recently contacted by
the Virginia Chamber of Commerce requesting the County's assistance and, if
possible, financial commitment in their efforts to support Amendments Three (3)
and Four (4) to the Virginia Constitution. Mr. Caskey noted these amendments
will provide an atmosphere conducive to commercial development. for
businesses locating in the State, help enter into revenue sharing agreements and
promote regional cooperation.
Supervisor Cofer noted he would like to have additional information before
acting on the matter and moved the Board table consideration of the resolution
until the Board's October l 5, 1998 meeting. The motion was adopted as follows:
Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting
against.
Anne F. Seward, Director of Budget and Finance, presented a request from
the Compensation Board concerning the reimbursement of the Commissioner of
the Revenue's 1998-99 operating budget.
Supervisor Bradshaw moved the Board direct the Director of Budget and
Finance to advise the State that the gap in State funding will be absorbed by the
County in the amount of $23,345 for FY1998-99. The motion was adopted as
follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0);
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 (~-0).
Chairman Claud called for a public hearing on the following:,
Proposed Real Property Tax Levy Increase
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Chairman Claud called citizens to speak in favor of or in opposition to the
proposed tax levy increase.
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Ms. Seward noted additional revenues that would be generated are
$1,195,890 which is within $20,000 of the funds the Board approved in its
budget to appropriate from the fund balance to balance the budget. The revenues
were short by that same figure and the Board authorized an appropriation from
the fund balance to balance this current year's budget. Ms. Seward recommended
the Board adopt a tax rate of $.72 to close this gap and continue with the
County's internal policy to maintain a minimum of 10% fund balance.
Barbara Olin of Carrollton requested the County keep the recommended
$.72 real estate tax rate and demonstrate the Board's commitment to educational
excellence by funding the total Schools' Budget.
Wendell Graham requested the budget be reviewed and critical needs be
reconsidered.
Chairman Claud closed the public hearing and called for comments from
the Board.
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Chairman Claud noted if the Board had elected several months ago to
balance the budget without using the unappropriated fund balance the tax rate
would have needed to be increased by $.08. The County's debt service at the
present time is approximately $5.4 million a year, of which this year it is
approximately I 1 % of the County's budget. The County is still reviewing the
need for a middle school for the central part of the County,- as well as an
elementary school in the northern part of the County. In reviewing the County's
debt load and the amount of money needed to service the debt and .realizing what
is to come, it does not seem the County can consider reducing the tax rate below
$.72, noted Chairman Claud.
Supervisor Cofer noted he would also have to support the $.72 proposed
tax rate.
Supervisor Bradby noted he would he would also have to support the $.72
proposed tax rate to provide the County the kind of financing to carry the County
through the fiscal year.
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Supervisor Bradshaw requested Ms. Olin speak with the School
Superintendent regarding the Board's actions earlier in the meeting to appropriate
$80,000 for two (2) teaching positions, one at the Carrollton Elementary School,
from the County's unappropriated fund balance. Supervisor Bradshaw noted as
a parent he would like to build another school right away, however, as a Board
member considering the financial condition of the County, the Board can not
move ahead with projects at this time.
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Supervisor Cofer moved the Board adopt the ordinance to set a rate of
$.72, as advertised. The motion was adopted as follows: Claud, Cofer,
Bradshaw, Bradby voting in favor of the motion (4-0); none voting against.
Chairman Claud called for a public hearing on the following:
Ordinance to Amend the Subdivision Ordinance of Isle of Wight County
Regarding Alternative Discharge Sewage Disposal Systems
County Attorney Crook suggested the Board combine the public hearing on the
two (2) ordinances.
Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Add
Regulations for Alternative Discharge Sewage Disposal Systems With
Conditional Use Permit
Supervisor Bradshaw moved the Board combine the public hearings on the
two (2) ordinances. The motion was adopted unanimously (5-0).
Mr. Hartley noted alternative discharge sewage disposal systems require
special permitting by the Department of Environmental Quality (DEQ) and
because they are individual systems, DEQ has turned their administration over
to the Department of Health to administer. Staff was approached for one of these
systems to be installed in the County and because of many of the issues involved,
it was felt .that there should be a permit process established in the County to
monitor these systems.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed ordinances.
There being none, Chairman Claud moved the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE
OF ISLE OF WIGHT COUNTY REGARDING ALTERNATIVE
DISCHARGE SEWAGE DISPOSAL SYSTEMS
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of
Isle of Wight County, Virginia, that Section 4-4-5 of the Subdivision Ordinance
of Isle of Wight County, Virginia, be amended to read as follows:
Section 4-4-5. Private water and/or sewer.
Nothing in this regulation shall prevent the installation of privately
owned water and/or sewerage facilities in areas where public water and/or
sewerage facilities are not available; .provided, however, that such
installations must meet all the requirements of the Virginia Water Control
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Board, the Virginia Department of Environmental Quality, the Virginia
Department of Health, Isle of Wight County Department of Public.
Utilities, and any other state or local regulation having authority over such
installation, including the provisions of the Zoning Ordinance of Isle of
Wight County for alternative discharge sewage disposal systems; and
provided, further, that upon completion of the facility, the applicant or
applicants may be requested to convey, without cost, said facility and its
appurtenances, including sufficient land, easements and rights-of--way, to
the County of Isle of Wight.
The motion. was adopted as follows: Claud, Cofer, Bradshaw, Bradby
voting in favor of the motion (4-0); none voting against.
Supervisor Bradshaw moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
OF ISLE OF WIGHT COUNTY TO ADD REGULATIONS
FOR ALTERNATIVE DISCHARGE SEWAGE DISPOSAL
SYSTEMS WITH CONDITIONAL USE PERMIT
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BE IT AND IT IS HEREBY ordained by the Board of Supervisors of Isle
of Wight County, Virginia, that the Zoning Ordinance of Isle of Wight County,
Virginia, be amended to add the following Sections to provide regulations for
alternative discharge sewage disposal systems with conditional use permit.
Sec. DEFINITIONS
ALTERNATIVE DISCHARGE SEWAGE DISPOSAL SYSTEMS -Any
device or system which results in a point source surface discharge of
treated sewage with flows less than or equal to 1,000 gallons per day on a
yearly average. These systems are regulated by the Virginia Department
of Health under a general Virginia Pollution Discharge Elimination System
(VPDES) permit issued by the Virginia Department of Environmental
Quality, Division of Water.
Sec. ALTERNATIVE DISCHARGE SEWAGE DISPOSAL
SYSTEMS
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(A) Intent -The existence of untreated septage/sewage poses a
clear and documented risk to public health and safety. The following
provisions 'are intended to permit by Conditional Use Permit. the
replacement of a failed septic system or other approved method of sewage
disposal on property which contains asingle-family residence constructed
prior to the date of this ordinance and where no other alternative. for
sewage disposal exists. These systems are not considered by Isle of Wight
County to be a proven nor acceptable technology for general application
or new construction since they conflict with the growth management and
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resource protection policies contained in the County's Comprehensive Plan
and other County Ordinances. However, these systems provide a more.
acceptable method of sewage disposal than no sewage disposal at all for
residences which pre-existed this ordinance.
(b) Conditional Application Requirements and Procedures:
(1) Formal application shall be made to the Virginia Department
of Health (VDH) in accordance with Section 2.12 of the VDH regulations.
No application to Isle of Wight County will be accepted until a formal
application has been submitted to and received by VDH.
(2) In addition to the application requirements and procedures
established in this Ordinance, no application for a Conditional Use Permit
shall be considered until the following information is provided.
a. a copy of the application form and materials(s) submitted to
VDH;
b. written documentation from VDH that ill other methods of
sewage disposal permitted in Virginia have been investigated and
that the alternative discharging sewage system is the only remaining
alternative for this improved property;
c. documentation supporting compliance with the criteria
contained in subsection (C) 2. below; and,
d. ~ the tax map number, name and mailing address of all property
owners 1,000 feet downstream of the proposed discharge point along
the fall line, based on the most recent real estate books for Isle of
Wight County, or other municipality if appropriate.
3. In addition to all other notice requirements contained in this
Ordinance and otherwise required by law, all property owners located
1,000 feet downstream from the discharge point along the fall line shall be
notified by first class mail at least ten days prior- to the Planning
Commission's public hearing. The Zoning Administrator shall be
responsible for this notification. The applicant shall be responsible for the
cost of postage.
4. Wherever possible, the review and consideration of a request for a
Conditional Use Permit shall be coordinated with the review procedures
and requirements of VDH. and the Virginia Department of Environmental
Quality, Division of Water.
(C) GENERAL STANDARDS
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1. X111 proposed alternative. discharging sewage systems shall comply
with the regulations and requirements of the. Virginia Department of
Environmental. Quality, Division of Water and the Virginia Department of
Health (VDH) pursuant to Section 62.1-44.2 et seq. and Section 32.1-163
and 164 of the Code of Virginia, respectively, as may be amended. The
primary regulations which govern the permitting and installation of these
systems are contained in the VDH regulations titled "Alternative
discharging Sewage Treatment System Regulations for Individual Single
Family Dwellings (VR 355-34-400)."
2. A Conditional Use Permit request shall only be considered when the
following criteria is met:
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a. the residence is located more than 300 feet from an existing or
proposed public sewer line, or when 300 feet or less, is otherwise unable
to connect to public sewer due to topography or other physical constraints,
as determined by the Director of Utilities; and,
b. the proposed alternative discharging sewage system is solely
for replacing a failed septic system or other approved method of sewage
disposal for a property which contains a single-family residence
constructed prior to the effective date of this ordinance.
3. All systems proposed for use in Isle of Wight County shall be
classified under Section 2.25 of the VDH regulations as having either
preliminary or .general approval for use in Virginia. Systems with
experimental approval shall be prohibited in Isle of Wight County.
4. In Isle of Wight County the location of the discharge point shall be
limited to a year-round stream as defined in Section 3.2 of the VDH
regulations, except as allowed in item (c) 5. below.
5. Use of an intermittent stream or dry ditch as the discharge point may
be permitted by the Board of Supervisors under the following conditions:
a. the use of an intermittent stream or dry ditch. is included as a
specific condition of the Conditional Use Permit;
b. specific conditions are attached to the permit. pertaining to
additional levels of treatment, security of the discharge point,
ownership of the property or a perpetual easement for a distance
downstream from the discharge point, and other criteria essentially
to protect the public health and safety; and,
c. none of the conditions attached to the permit .are less
restrictive than the requirements contained in Section 3.7 of the
VDH regulations unless specifically varied or modified by VDH and
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incorporated into the conditions of the Conditional Use Permit.
6. Prior to issuance of an operating permit by VDH, a notice shall be
recorded with the Clerk of the Circuit Court advising future purchasers of
the legal obligations associated with the ,method of sewage disposal located
on .the property. At a minimum, this shall include notice that the approval
must be re-permitted every five years or upon change of ownership as
required by VDH regulations, that .maintenance contract must remain in
full force at all times, that VDH shall have the right of access to the
property, and that the Health Department and Isle of Wight County do not
warrant in any way the continued compliance with County, State and
Federal standards and ,assumes no liability for the continued use of this
technology for sewage disposal. This document shall be approved by the
County Attorney's Office prior to recordation.
7. A copy of all formal and informal testing results required under
Section 3.11 of the VDH regulations shall be submitted to the County
Health Department and the County Department of Planning and Zoning,
in addition to any other agency or location required bylaw.
8. Any Conditional Use Permit approved by Isle of Wight County shall
run concurrently with the operating permit approved by VDH. Upon
expiration or revocation of the operating permit, the Conditional Use
Permit shall. also expire or be revoked. No Conditional Use Permit shall
be valid for a period greater than five years.
9. Requests to renew a permit of an existing system shall be considered
as though it were a separate and new request for a Conditional Use Permit
and shall meet all of the requirements of this ordinance. Recurring
requests for a permit due to repeated revocations of an operating permit or
failure to comply with the requirements of the VDH regulations, including
failure to maintain a current maintenance contract at all times, may be
sufficient grounds for denial of a new Conditional Use Permit by the Board
of Supervisors.
10. Any violation of the VDH regulations for the construction, operation
and maintenance of an alternative discharging sewage system shall be
considered a violation of any Conditional Use Permit approved under this
ordinance.
11. Any variance or waiver approved by VDH shall not automatically be
binding on the Board of Supervisors in .considering or approving a
Conditional Use Permit.
The motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby
voting in favor of the motion (4-0); none voting against.
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Chairman Claud called for a public hearing on the following application:
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The application of Thomas J. & Peggy P. Wright to amend Conditional
Industrial General Zoning of approximately 7.5 acres of land located at
9584 Bear Trap Circle, Windsor, in .Windsor Magisterial District. the
purpose of the amendment is to allow specific uses as conditioned.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Carl Eason, Jr., Attorney, represented the applicant's request to amend the
proffered zoning conditions. Attorney Eason noted in regards to a petition in
opposition signed by six (6) individuals and received at the Planning
Commission meeting, only three (3) were actually located at residences adjacent
to the property. Attorney Eason noted the petition cited a concern with the high
volume of traffic and he would note there will be only approximately three (3)
vehicles per day that enter the location.
Bertha Banks Deaton noted her concern with traffic and noises on the
property.
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Chairman Claud presented the Recording Secretary with the petition.
Chairman Claud closed .the public hearing and called for comments from the
Board.
Chairman Claud noted the property has been improved dramatically and
he did not feel the traffic would be a negative impact on the surrounding
neighborhood. Chairman Claud moved the Board approve the application, as
submitted. The motion was adopted as follows: Claud, Cofer, Bradshaw,
Bradby voting in favor of the motion (4-0); none ~~otit~g against.
Chairman Claud called for a public hearing on the following application:
The application of Marie E. Wilson for a change in zoning classification
from RAC, Rural Agricultural Conservation, to RR, Rural Residential,
approximately seven (7) acres of land located at 16091 Courthouse
Highway, Smithfield, in Newport District. The purpose of the application
is to create a lot around the homeplace.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
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Tad Stephenson, Realtor, spoke on behalf of Ms. Wilson. Mr. Stephenson
noted Ms. Wilson is seeking a rezoning to secure funds to continue her stay at
the retirement home in Smithfield.
Chairman Claud closed the public hearing and called for comments from
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the Board. ~ aooK 18 >~~~1~2
Supervisor Cofer moved the Board approve the application of Marie E.
Wilson. The motion was adopted as follows: :Claud, Cofer, Bradby and
Bradshaw voting in favor of the motion (4-1J); none voting against.
Supervisor Cofer further moved the Board approve the withdrawal of the
said seven (7) acres from the Courthouse Agricultural Forestal District. The
motion was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor
of the motion (4-0); none voting against.
Chairman Claud called for a public hearing on the following application:
The application of Richard Reuter for a Conditional Use Permit to
continue the occupancy of a mobile home while building a residence for
two (2) additional years. The property is located. at 18455 Bob White
Road, Windsor, in Newport Magisterial District.
Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Richard Reuter requested the Board approve his request for one (1) year.
Chairman Claud closed the .public hearing and called for comments from
the Board.
Chairman Claud moved the Board approve the application for a period of
one (1) year. The motion was adopted as follows: Claud, Cofer, Bradshaw,
Bradby voting in favor of the motion (4-0); none voting against:
Chairman Claud called for a public hearing on the following application:
The application of the James P. Delk Estate for a Conditional Use Permit
to continue the occupancy of a mobile home by Roy C. Dunkum, III while
building a residence for two (2) .additional years. The property is located
at 13386 Track Lane, Smithfield, in Hardy Magisterial District.
.Chairman Claud called for persons to speak in favor of or in opposition to
the proposed application.
Roy Dunkum noted until he receives a clear title to the property he cannot
obtain a mortgage. He understands from the attorneys involved that it will
probably be an additional. six (6) months at which time. he will begin
construction. Mr. Dunkum noted that while he is not sure if he can build the
home in one (1) year, he is fairly certain he can have the home built in two (2)
years.
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Chairman Claud closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw noted that while he understands Mr. bunkum's
situation, he has a concern with overturning the Planning Commission's
unanimous recommendation to limit the permit to a period of one (1} year.
Supervisor Bradshaw noted the existing mobile home has already been there for
three (3) years and no activity has transpired during that time.
Mr. Hartley noted the Planning Commission expressed its concern that it
had initially recommended a permit be granted Mr. bunkum three (3) years and
that mobile homes in the County need to be removed and homes built in their.
places.
County Attorney Crook noted the Planning Commission's policy in the past
has been to recommend one (1) year on extensions when the permit was initially
to build a residence.
Supervisor Bradby moved the Board approve the application for a period
of one (1) year with the understanding that if the permanent home is not
completed within the one (l) year period of time, the applicant can return to the
Board to request additional time. The motion was adopted as follows: Claud,
Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting
against.
U
Supervisor Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (4-0).
//
Chainman Claud called for the continuation of the County Administrator's
report.
County Administrator Caskey presented a request from the Home for the
Developmentally Disabled seeking the Board's support of a project to construct
a home in Hampton Roads for individuals with developmental disabilities.
Supervisor Bradshaw moved the Board authorize the Chairman to sign a
letter of support for the project. The motion was adopted as follows: Claud,
Cofer, Bradshaw, .Bradby voting in favor of the motion (4-0); none voting
against.
County Administrator Caskey presented for the Board's consideration a
draft agenda for the proposed Board's Retreat.
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Supervisor Bradshaw moved the Board accept the agenda as presented by
the County Administrator and that the Retreat, scheduled for October 27, 1998
at the Paul D. Camp Community College/Suffolk Campus, begin at 8:00 a.m.
rather than 8:30 a.m. The motion was adopted as follows: Claud,, Cofer,
Bradshaw, Bradby voting in favor of the motion (4-0); none voting against.
Donald T. Robertson/Assistant to the County Administrator/Director of
Human Resources presented a renewal of the GTE CentraNet Service Agreement
currently in place which the County Attorney has reviewed and provided his
comments.
Supervisor Bradshaw moved the Board approve the contract with the
changes noted by the County Attorney, The motion was adopted as follows:
Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0); none voting
against.
County Administrator Caskey notified the Board that the Annual Financial
Plan for ] 998-99 will be forwarded to them in the following week. Copies of
same will be ,forwarded to the Treasurer, Commissioner of Revenue and the
libraries for public information, stated Mr. Caskey.
//
Chairman Claud called for Old Business.
The application of Thomas L. Newton, Jr. and Thomas S. Word, trustees
for a change in zoning classification of 445.95 acres of land currently
zoned Rural Agricultural Conservation (formerly A-1), Neighborhood
Conservation -Residential General (formerly R-2), Limited Industrial
(formerly M-1) and General Commercial (formerly B-1). 77.21 acres is
proposed to be rezoned to Conditional. General Commercial and 368.74
acres is 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, (Tabled August 20, 1998).
Chairman Claud. moved the Board enter executive .session under Section
2.1-344 A7 of the Freedom of Information Act for advice of counsel on a matter
of potential litigation and related legal matters requiring advice of counsel. The
motion was adopted unanimously (4-0).
Upon returning to open session, Supervisor Cofer moved the Board adopt
the following resolution:
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WHEREAS, the Board of Supervisors has convened an executive meeting
on this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.1-344. 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.
AYES: (Claud, Cofer, Bradby and Bradshaw)
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NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 1
The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw
voting in favor of the motion (4-0); none voting against.
Supervisor Cofer. moved the Board direct the County Attorney, in
conjunction with Special Counsel, to prepare a written statement of the County's
position relative to the Graymor/Eag1e Harbor zoning and vested rights and have
it for news release by Tuesday morning. The motion was adopted as follows:
Claud, Cofer, Bradshaw and Bradby voting in favor of the motion (4-0); none
voting against.
II
Mr. Hartley referred to a memo .contained in the Board's agenda
summarizing the application. Mr. Hartley noted also contained in the agenda is
a revised copy of the proffered conditions that have been submitted by the
applicant and which reflect a recent meeting with Attorney Riddick and the
applicant. Mr. Hartley noted staff requested the statement "if the commercial
development exceeds the level shown in the traffic assessment, that the developer
would make whatever improvements would be necessary" be deleted because of
its complications in administering it at the time it would occur. The language
used regarding the rental of properties along Whippingham Parkway has been
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modified to read "resident product to be built on tract 6 and 7 lying on either side
of Whippingham Parkway will be developed as housing designed and marketed
as for sale. and not marketed and designed as rental apartments." The cash
proffers for apartment units will be paid at the time the Certificate of Occupancy
is issued. The proffer addressing the public water supply system has been
deleted.. Finally, the proffer dealing with the ratio of commercial and residential
-has been modified to be one of the factors used in the fiscal impact analysis in
,terms of square feet and number of units. On August 28, 1998, staff and the
applicant resolved all remaining issues and requested Tischler and Associates to
prepare the level of service report which was received on September 8, 1998
highlighting all the revisions discussed and agreed upon. Staff has since been
reviewing the document and have requested Tischler to run the fiscal impact
model which. will be available to the Board prior to its next meeting. Mr. Hartley
distributed a summary report received by staff from the Department of
Conservation and Recreation which identified that the highest quality forestry
occurs. in the southwestern end of the property and which indicates that there are .
no significant natural heritage resources or outstanding natural communities or
populations of rare species were found within the project area. Attached in the
Board's report is the Sheriffs report of what he believes the impacts of the project
will be on his operations. The School Board has requested the County Attorney
to respond to the Board's. request for additional comments, noted Mr. Hartley.
County Attorney Crook noted the School Board met and considered the
revised proffers. The School- Board favors cash proffers rather than a school site
proffer. and they do wish to express to the Board that they felt that the cash
proffers are inadequate and that they should be more in line with the Tischler
Study Impact Analysis report. County Attorney Crook stated there will be a
written response to the Board from the School Board via the Superintendent of
schools.
Supervisor Bradshaw moved the Board table action on the matter until the
Board's October 15, 1998 meeting so that the Board has all the information
available to evaluate. The motion was adopted as follows: Claud, Cofer,
Bradshaw, Bradby voting in favor of the motion (4-0); none voting against.
Supervisor Bradshaw requested copies of the report submitted by the
Director of Public Utilities on the cost of the water system in the Northern
Development Service District, the additional revised proffers submitted by the
developer and the report from the Environmental Planner be provided to the
press.
//
Chairman Claud called for New Business.
Chairman Claud moved the Board direct staff to prepare a resolution in
support of Supervisor. Cofer being reelected to the Region II VACo Board of
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Directors and that copies of same be forwarded to the Board Chainmans and
Administrators in Region II. The motion was adopted as follows: Claud, Cofer,
Bradshaw, Bradby voting in favor of the motion (4-0); none voting against.
//
Chairman Claud called for Appointments.
Supervisor Bradshaw moved the Board appoint Pete Carr to serve on the
Economic Development Committee representing the Carrsville District. Mr.
Carr's term will expire in September of 2002. The motion was adopted ~as
follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the motion (4-0);
none voting against.
//
Chairman Claud called for the County Attorney's report.
County Attorney Crook presented a Note and Deed of Trust to secure the
proffers for the Hampton Promotions, Inc. Subdivision which he recommends the
Board approve and authorize the Chairman to sign on behalf of the County.
J
Supervisor Cofer moved the Board approve the Note and Deed of Trust for
Hampton Promotions, Inc. Subdivision and authorize the Chairman to sign same
on behalf of the County to secure the proffers in that subdivision. The motion
was adopted as follows: Claud, Cofer, Bradshaw, Bradby voting in favor of the
motion (4-0); none voting against.
//
County Attorney Crook requested an executive session under Section 2.1-
344 A7 of the Freedom of Information Act for advice of counsel concerning
potential litigation, under Section 2.1-344 A7 concerning matters requiring
advice of counsel concerning contract negotiations.
County Administrator Casket' requested an executive session under Section
2.1-344 A7 concerning consultation with legal counsel and briefings by staff as
it pertains to probable litigation on specific legal matters requiring the provision
of legal advice by counsel.
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Supervisor Bradshaw requested an executive session under Section 2.1-344
Al concerning a personnel matter.
Upon returning to open session, Supervisor Bradshaw moved the Board
adopt the following resolution:
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WHEREAS, the Board of Supervisors has convened an executive meeting
on this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by
this Board of Supervisors that such executive meeting was conducted in
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 fromopen 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.
AYES: (Claud, Cofer, Bradby and Bradshaw)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 1
The motion was adopted as follows: Claud, Cofer, Bradby and Bradshaw
voting in favor of the motion (4-0); none voting against.
//
Supervisor Cofer moved the Board adjourn. The motion was adopted
unanimously (5-0).
W. Dougl s C key, Cler
,~
Robert C. Claud, Sr., Chairman
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