12-16-1999 Regular Meeting9~+.~~~ 1~ -,::675
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTEENTH DAY: OF DECEMBER IN THE
YEAR NINETEEN HUNDRED NINETY NINE
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PRESENT: O. A. Spady, Chairman
Malcolm T. Cofer, Vice-Chairman
Henry H. Bradby
Phillip A. Bradshaw
Robert C. CIaud, Sr.
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 Spady called the meeting to order at 6:00. p.m. The
invocation was delivered by Supervisor Bradshaw.
The Pledge of Allegiance was conducted.
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Chairman Spady indicated the Consent. Agenda consisted of Items 2,
A, and asked if there were any items for removal:
. November 18, 1999 Regular Meeting Minutes
Supen~isor Claud moved the Board adopt the Consent .Agenda. The
motion «~as adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
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Chairman Spade called for Transportation Matters.
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Jonathan ~V. Hartley, .Director of Planning and Zoning, noted that
1iacFarland Nebl~tt; VDUT Resident Engineer, would not be present at the
m~.eting due to health reasons, but that he intended to be present at the
B~:crd's Januarti~ 2~~; 2~ii">~~ meoting.
ct„~=^y'.sor Bradsha~~ ncJted that a rc;yuest firom Parks and Recreation
~.s3 VIX.1T ~.~ Lt~t t~~e ditt;h 1-ark5 can Carvci- Rr;ad has nat ht;cn addressed. lIc
'~ ~~= •;~d ".'Ir. Ifa~l~Y pl:..~~ th ro<,lu~t>t c}n thy; (~c;unty's list cif items to be
'~~'~•~s.L br~ ViX~T at th.e 1'Soard's January 2~i, 2~N~~1 meeting,
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Chairman Spady called for Citizens Comments.
Thomas J. Walters, on behalf of the Isle of Wight Citizens
Association, requested the Board support the Association's :opposition to
leasing all of the bottoms of the Pagan River .and. Cypress Creek by the
Virginia Marine Resources Commission to :the Davis Family of Virginia
Beach, for experimentation of placing marl on the bottoms for the
,propagation of oysters.
Chairman Spady moved the Board oppose the lease until such time as
scientific evidence proves that it will bring back oysters or other marine life.
The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw
and Claud voting in favor of the motion. (5-0) and no Supervisors. voting
against the motion.
Pat .Clark of Carrollton suggested that. the Administrative Analyst set
up a meeting and invite those who received a .letter from the County
concerning community organizations helping in emergency situations such
as occurred with Hurricane Floyd and that those persons. who received the
letter be provided more information on what is expected regarding
volunteers helping in emergency situations.
Marion Neighbours, on behalf of The. Friends of the Windsor Library,
thanked the Board for its financial support during the .past year for the
addition to ..the Library.
Grace Keen requested start-up funding for the TRIAD program which
works towards reducing the criminal victimization of older citizens and
enhances law enforcement to the County's population.
Chairman Spady suggested staff meet with .the Sheriff and the
Smithfield Chief of Police and bring back a recommendation for the Board's.
consideration in January of 2000.
George Bradby of the School Board acknowledged Chairman Spady
and Supervisor Cofer going-off the Board of Supervisors and praised them
for their years of dedicated service to the County.
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Chairman Spady acknowledged receipt of the County's Financial
Annual Audit Report for Year Ended June 30, 1999 from the Director of
Budget and Finance.
Paul Lee, Robinson, Farmer, Cox, Associates, reported the County
finished the year in good financial health. Mr. Lee recommended that. in the
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coming years the Department of Budget. and Finance approve all transfers of
funds before they are made and that the Treasurer reduce the number of
bank accounts which would ease the monthly bank reconciliation process.
Supervisor Bradshaw moved the Board accept the audit report for the
fiscal year 1998-99 received from Robinson, Farmer, Cox, Associates. The
motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
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Chairman Spady called for the Community Development report.
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Mr. Hartley presented the Water Quality Impact Assessment of Eagle
Harbor Development, Route l 7, Carrollton Boulevard, Newport Magisterial
District, for the Board's consideration. He recommended the Board, as a
condition of approval, stipulate that it is County policy that BMPs, once
constructed, will be maintained by the property owners, to include basins,
and any associated piping leading to these basins.
Supervisor Bradshaw noted that because the .Assessment is complex,
he would recommend that the consultants who reviewed the Plan appear
before the Board to explain the process and summarize the Assessment. He
noted he would like additional time to review the Plan so that he could have
a better understanding of the requirements and. the monitoring inspection
program.
Supervisor Bradby stated he agrees with .Supervisor $radshaw's
comments and noted he would also like to have a presentation from the
consultant.
Supervisor Claud moved the Board approve the Water Quality Impact
Assessment as presented, allowing a .reduction in the Resource Protection
Area buffer of 50 feet as proposed by the Water Quality Impact Assessment,
with the understanding that all BMP's and associated subsurface pipe and
structures will be maintained. by a property owners' association. The motion
was adopted (3-2) with Chairman Spady and Supervisors Cofer and Claud
voting in favor of the motion and Supervisors Bradby and Bradshaw voting
against the motion.
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Chairman Spady called for the Economic Development report..
Economic Impact Assessment of Hurricane Floyd.
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Patrick J. Small, Director of Economic Development, ,briefed the
Board on the economic impact assessment of Hurricane Floyd and the
principal objectives of the draft study recently completed on behalf of
Federal Emergency Management Association (FEMA).
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Chairman Spady called for the Parks and Recreation report.
Alan S. Nogiec, Director of Parks and Recreation, requested the Board
approve the recommendation of the Parks and Recreation .Advisory
Committee that the Camptown Community Center be named .the "Otelia
Rainey Community Center" in honor of Ms. Rainey.
.County Attorney Crook advised ..the Board that the request could. be
approved tonight, however, an appropriate resolution should be prepared- by
staff for the Board's consideration.
Supervisor Bradshaw moved the Board name the Camptown
Community Center the "Otelia Rainey Community Center" as recommended
by the Parks and Recreation Advisory Committee and that staff prepare an
.appropriate resolution for the Board's consideration. The .motion was
adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting
in favor of the motion (5-0) and no Supervisors voting against the motion.
Mr. Nogiec presented the individual Board members with a gift from
staff and members of the Parks and Recreation Ceramics Shop program:
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Chairman Spady called for the County Administrator's report.
County Administrator Casket' presented a request from the Windsor '
Volunteer Fire Department for an advance of Capital Budget funds for the
purchase of a pumper truck.
Supervisor Claud- moved the Board approve the request of the Windsor
Volunteer Fire Department to advance Capital Budget funds for the
purchase of a 1250 GPM Pumper Truck at a total negotiated price of
$258,000 ar~d that the redirection of $16,000 budgeted in the Capital Budget
for tank replacement be used toward the pumper truck purchase. The
motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and
Claud voting. in favor ofthe motion (5-0) and no Supervisors voting against
the motion.
County Administrator Casket' presented a request from .Jack Dewan,
Superintendent of the. Western Tidewater Regional Jail, seeking concurrence
of action of approval by the Western Tidewater Regional Jail Board of the
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Law Enforcement Officers System Retirement Program for the Jail
Authority's officers. County Administrator Caskey advised that the .Jail
Superintendent has since advised that the Virginia Retirement System is
requesting a concurrence resolution be adopted by the Board.
Supervisor Cofer moved the Board adopt the following resolution with
the correction noted by the County Attorney to insert the word "Authority"
after "Western Tidewater Regional Jail:"
Be it hereby resolved that Isle of Wight County, Virginia, a
political subdivision participating with the Western Tidewater Regional
Jail Authority, acting by and through its Board of Supervisors, does
hereby concur that the Jail, participating in the Virginia Retirement
System under Title 51.1, Chapter 1, Article 5 ofthe Code of Virginia, as
amended,. may elect to have such employees of the Jail ,who are
employed in positions as full time salaried Jail Superintendents and Jail
Officers and whose tenure is not restricted as to temporary or
provisional appointment, to become eligible, effective January 1, 2000,
to be provided benefits in the Virginia Retirement System equivalent to
those provided for State police officers of the Department of State
Police, as set out in Section 51.1-138 of the Code of Virginia, in lieu of
the benefits that would otherwise be provided as such code has been or
may be amended from time to time.
CERTIFICATE
I, W. Douglas Caskey, Clerk of the County of Isle of Wight, Virginia,
certify that the foregoing is a true and correct copy of the resolution passed
at a .lawfully organized meeting of the Western Tidewater Regional Jail
Authority Board held at Suffolk, Virginia, at 8:30 o'clock a.m. an November
10, 1999.
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
County Administrator Caskey presented for the Board's consideration
a resolution authoring the creation of a Department of Tourism for the
County.
Supervisor Cofer moved the Board adopt the following resolution, as
presented:
RESOLUTION TO CREATE A DEPARTMENT OF TOURISM
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia recognizes the significance of tourism to the County's overall
economic development program; and,
WHEREAS, the Isle of Wight Tourism Bureau has served the County
and.. the Town of Smithfield since its nception;..and,
WHEREAS, the Board of Directors of the Isle of Wight Tourism
Bureau has authorized dissolution of the Tourism Bureau; and,
WHEREAS, the Board of Supervisors wishes to create an Isle of
Wight County Department of Tourism.
NOW, THEREFORE; BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia. authorizes
the creation of a Department of Tourism.
BE IT FURTHER RESOLVED that the creation of said department
will. be effectuated on January 1, 2000.
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (S-0) and no Supervisors
voting against the motion.
County Administrator Casket' presented for the Board's consideration
a modified legislative priority list for the 2000 session of the General
Assembly. He stated staff' has received the legislative .priority. proposals
from the .School Board that are included for the Board's consideration, as
well as an appropriate resolution, should the Board choose to endorse the
School Board's priority package.
Supervisor Cofer moved the Board adopt the following resolution:
LEGISLATIVE PROPOSALS TO BE PRESENTED TO THE COUNTY'S
DELEGATION TO THE 2000 SESSION OF THE GENERAL ASSEMBLY.
WHEREAS, the General Assembly considers numerous issues that
affect local governmentsboth directly and indirectly; and,
WHEREAS, the .County of Isle of Wight has .specific .interest in
matters dealing generally with local governments, as well as with matters
directly impacting the County of Isle of Wight; and,
VITHEREAS, such interest should be shared with Isle of Wight
County's. General Assembly .Delegation so that it may know of the .County's
position on these important issues.
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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 endorses the
attached legislative proposals for the 2000 General Assembly Session and
directs that both this resolution and the legislative proposals be forwarded to
Isle of Wight County's General Assembly Delegation and that the County
Administrator and his staff work with and assist the Delegation as
appropriate.
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The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
Regarding the legislative proposals from the School Board, Supervisor
Bradshaw stated he believes .the priorities should be presented to the
General Assembly only as Schools' issues as he would require further
clarification on the issues contained in the School Board's priorities list
before supporting them as legislative priorities of the Board of Supervisors.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION SUPPORTING THE LEGISLATIVE PROPOSALS OF THE
ISLE OF WIGHT COUNTY SCHOOL BOARD FOR
THE 2000 SESSION OF THE GENERAL ASSEMBLY
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WHEREAS, the General Assembly considers .numerous issues that
affect public education in the Commonwealth of Virginia; and,
WHEREAS, the Isle of Wight County School Board has specific
interest in issues impacting the .County's School System directly and
indirectly; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
supports the legislative proposals offered by the Isle of Wight County School
Board regarding public education.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight supports the
legislative proposals developed and offered by the Isle of Wight County
School Board regarding public education issues which will be .considered
during the 2000 General Assembly Session and directs that said support be
conveyed via this resolution to Isle of Wight County's General Assembly
Delegation.
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The motion was adopted with Supervisors Cofer, Bradby, Spady,
Claud voting in favor of the motion (4-1) and Supervisor Bradshaw voting
against the motion.
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At 7:00 p.m., Supervisor Cofer moved the Board conduct the public
hearings.. The motion was adopted unanimously.
Chairman Spady .called for a public hearing on the following:
An Emergency Ordinance to Permit the Placement of Travel Trailers
on Property During Repair of Residences Damaged by Hurricane
Floyd
Chairman Spady called for. persons to speak in favor or in opposition
to the proposed ordinance.
Upon no one appearing, Chairman.. Spady closed the public hearing
and called for comments from theBoard.
Supervisor Bradshaw moved the Board adopt the following Ordinance:
AN EMERGENCY ORDINANCE TO PERMIT THE PLACEMENT
OF TEMPORARY SINGLE-WIDE MANUFACTURED HOMES
ON PROPERTY DURING REPAIR OF
RESIDENCES DAMAGED BY HURRICANE FLOYD
BE IT AND IT IS HEREBY ORDAINED by the Board of
Supervisors of Isle of V~'ight County, Virginia that the Isle of Wight. County
Administrator and Zoning Administrator shall take all actions necessary in
order to allow the use of single-wide manufactured homes as temporary
housing while residents are making repairs to their residence. Such actions
shall be taken with the following conditions established.
1) Requirements of the zoning ordinance may be waived, at the
discretion of .the Zoning Administrator and/or. County Administrator,
provided the proposed transient accommodations have complied to the
greatest extent practical.
2) Health Department .approval of all sewer. and water facilities
shall be obtained prior to siting any temporary manufactured home.
3) Such temporary accommodations shall be removed within
twelve (12) months, unless specifically extended by the Board of
Supervisors.
4) All County fees associated with such temporary
accommodations shall be waived.
.The motion was adopted .with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
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Chairman Spady called for a public hearing on the following:
An Emergency Ordinance to Permit the Placement of a Temporary
Single-Wide Manufactured Home On Property During Repair of a
Residence Damaged by Hurricane Floyd
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Chairman Spady called for persons to speak in favor of or in
opposition to the proposed ordinance.
Upon no one appearing, Chairman Spady closed the public hearing
and called for comments from the Board.
Supervisor Claud moved the Board adopt the following Ordinance:
AN EMERGENCY ORDINANCE TO PERMIT Z'HE PLACEMENT
OF TRAVEL TRAILERS ON PROPERTY DURING REPAIR OF A
RESIDENCE DAMAGED BY HURRICANE FLOYD
BE IT AND IT IS HEREBY ORDAINED by the Board of
Supervisors of Isle of Wight County, Virginia that the Isle of Wight County
Administrator and Zoning Administrator shall take all actions necessary in
order to allow the use of tra~~el trailers as temporary housing while residents
are making repairs to their residence. Such actions shall be taken with the
follo~ring conditions established:
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l) Requiremznts of the zoning ordinance may be .waived, at the
discretion of the Zoning Administrator and/or County Administrator,
provided the proposed transient accommodations have complied to the
greatest extent practical.
2) Health Department approval of all sewer and water facilities
shall be obtained prior to siting any travel trailer.
3) Such transient accommodations shall be removed within ninety
(90) days, unless specifically extended by the Board of Supervisors.
4) All County fees associated with such transient accommodations
shall be waived.
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the :motion.
Chairman Spady called for a public hearing on the following:
Local Law Enforcement Block Grant Program (LLEBG)
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.Chairman Spady called for persons to speak in favor of or in
opposition to the proposed LLEBG.
Sheriff Phelps- requested. the Board approve the grant which will help
in reducing crime and improving public. safety.
Supervisor Bradshaw moved the Board approve .the LLEBG, as
presented by the Sheriff. The motion was .adopted with Supervisors Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Chairman Spady called for a public hearing on the following:
An Ordinance to Amend the Isle of Wight County Code to Prohibit
Dogs Running at Large in Rushmere Shores Subdivision
Chairman Spady called for persons to speak in favor of or in
opposition to the proposed ordinance.
County Attorney Crook explained that there was an error in the
ordinance contained in the Board's agenda which he corrected. He stated
the ordinance under consideration prohibits dogs running at large in the
Rushmere Shores Subdivision.
Mary Anne Hayden, South Shore Drive, spoke in favor of the
ordinance. She presented a petition to the Board of residents in the area in
favor of the adoption of the ordinance.
Cindy Farenholt, Poplar Drive, spoke in favor of the ordinance citing
property damage and safety issues.,
William Bryant of Rushmere Shores Subdivision spoke irr favor. of the
ordinance citing safety concerns.
Jim Stinkey spoke in opposition to the ordinance. He pointed out that
Rushmere Shores is a rural community and any person who made the choice
to move into the area had the opportunity to weigh this into their decision on
whether to live in the community. He stated he would like to see. the
ordinance concerning vicious or destructive dogs enforced which he believes
will .address. any safety concerns.
Rick Borton of North Shore Drive spoke against the ordinance stating
if dogs are confined they will be barking and at present the dogs are keeping
unwanted wild animals out of his yard. .
David Olsen of Rushmere Shores spoke in favor of the ordinance
stating the dogs are an inconvenience due to barking and destructive to his
property.
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Cindy Farenholt stated the damage occurred to her home while she
was away and when she approaches her neighbors requesting that their dogs
be contained she is yelled at and threatened.
Kathy Stinkey of Riverview Road spoke in opposition to the
ordinance. She stated the damage: to Cindy Farenholt's home ,could have
been caused by any number of things as Ms. Farenholt was not present when
the damage was done.
Hyrum L. Morton, Longwood Drive, spoke in favor of the ordinance.
He stated there are dogs running loose among the children in the .area that
have not been vaccinated and do not have collars. He stated residents of the
community are not able to walk for exercise for medical reasons.
Chairman Spady closed the public hearing. and called for comments
from the Board.
Supervisor Bradby moved the Board adopt the following Ordinance:
AN ORDINANCE TO AMEND THE ISLE OF WIGHT
COUNTY CODE TO PROHIBIT DOGS RUNNING AT
LARGE IN RUSHMERE SHORES SUBDIVISION
BE IT-AND IT IS HEREBY ordained by the Board of Supervisors of
Isle of Wight County, Virginia, that Chapter 3, ANIMALS AND FOWL,
Article II, Dogs and Cats, Division 2, Running at Large Generally, Section
3-18 Runnin ag t large prohibited within certain zoned areas; "at lame"
defined; responsibility of owners or custodians is hereby amended to read as
follows:
It shall be unlawful for the owner or custodian of any dog to allow
such dog to run at large at any time within any area in -the .county other
than those districts zoned Rural Agricultural .Conservation.. This
exception does not apply to mobile homes or trailer parks in Rural
Agricultural Conservation Districts nor in Rushmere Shores
Subdivision. It is further, unlawful, for the owner or custodian of any
dog to allow such dog to run at large on any garbage collection sites or
any other publicly owned property in the County of Isle of Wight.
For the purposes of section, "at large" shall be taken to mean off the
premises of the owner and not under the control of the owner, his
agent or the custodian of the dog, by a leash, cord or chain; provided,
that a dog shall not be considered "at large" if, during the hunting
season, it is on a bona fide hunt, in the company of a licensed hunter
or during field trails of training periods when .accompanied by its
owner or custodian.
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It shall be the responsibility of owners or custodians of dogs .residing
within the Rural Agricultural Conservation Districts. of the County to
.control such dogs to prohibit them from roaming in the other .areas
covered by this. Ordinance.
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against. the motion.
Chairman Spady called for a public hearing on the following:
An .Ordinance to Amend the Isle of Wight County Code to Prohibit
Dogs Running at Large in Residential Subdivisions
.Chairman .Spady called for persons to speak in favor of or in
opposition to the proposed ordinance.
Upon no one appearing, Chairman Spady closed the public hearing
and called for comments from the .Board.
Chairman Spady moved the Board deny the Ordinance. The motion
was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud.
voting in favor of the motion (5-0) and no Supervisors voting against the
motion:.
Chairman Spady called for a public. hearing on the following
application:
The application of Donald L. Benton, :Joseph W. and Brenda B,
Carney and Margaret A. Bennett for a Special Use Permit to utilize
property located at 6293 Old Stage Highway to hold weddings and/or
receptions on the grounds. Said property is located on the east. side of
Old Stage Highway south of Burwells Bay Road in Hardy Magisterial
District.
Chairman Spady called. for persons to speak in favor of or in
opposition to the application.
.Joe Carney of Old Stage Highway requested the Board approve the
application to allow him to hold weddings and wedding receptions..
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Cofer moved the Board .approve the application of Donald
L. Benton, Joseph W., .Brenda B. Carney and Margaret A. Bennett, as
conditioned. The motion was adopted .with Supervisors Cofer, Bradby,
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Spady, Bradshaw and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Chairman Spady called for a public hearing on the following:
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The. application of Wayne K, Sawyer and Bennett's-Creek Wholesale
Nursery, Inc. for a Conditional Use Permit to operate a commercial
nursery, including on premises sales, on approximately forty-two (42)
acres of land. Said property is located on the east side of Berms
Church Boulevard, south of Riddick Road and north of Cherry Grove
Road in Newport Magisterial District
Chairman. Spady called for persons to speak in favor of or in
opposition to the application.
Jeff Gardy, Attorney representing the applicants, noted he was. present
should the Board have any questions.
Chairman Spady closed the public hearing and called for comments
from the Board.
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Supervisor Claud moved the Board approve the application of Wayne
K. Sawyer and Bennett's Creek Wholesale Nursery, Inc. The motion was
adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud .voting
in favor of the motion (5-0) and no Supervisors voting against the motion.
Chairman Spady called for a public hearing on the following:
The application of Sprint PCS and Crown Communication, Inc. for a
Conditional Use Permit to utilize an existing tower for an antenna
array and to locate an equipment cabinet at the base of the tower, Said
property is located on the south side of Windsor Boulevard at,13244
Windsor Boulevard in .Windsor Magisterial District
Chairman Spady called for persons to speak in .favor of or in
opposition to the. application.
Glen. Hampton, :Attorney with McQuire, Woods, Battle & Booth,
representing Sprint PCS, noted he was present for any questions.
Chairman Spady closed the public hearing and called for comments
from the Board.
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Supervisor Claud moved the Board approve the application of Sprint
PCS and Crown Communication, Inc. The motion was adopted with
Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of
the motion (5-0) and no Supervisors voting. against the motion.
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Supervisor .Bradshaw requested the County Attorney contact the
Commissioner of the Revenue and determine whether or not the County
could collect a .one-time fee orr towers.
Chairman Spady called for a public hearing on the following:
The application of .Thomas L. Newton, Jr. and Thomas S. Word,
trustees to amend the zoning classification of parcel 4, parcel 9 and
parcel 12 of the Eagle Harbor Development Plan. Said amendment
will modify the boundary of parcel 4 presently zoned Conditional
Planned Development Residential .which will remain 16.405 acres;
increase parcel 9 presently zoned Conditional General Commercial
from 14.714 to 19.650 acres; and decrease parcel 12 presentlyzoned
Conditional General Commercial from 16.779 acres to 11.843 acres.
This amendment shifts the boundaries of the existing zoning with no
change in the total acreage zoned Conditional Commercial General or
Conditional Planned Development: residential in order to relocate the
main entrance to the Eagle Harbor Development. This property,
originally known as the Springfield Tract and formerly part of .the
Graymor Development Plan, is located on the west side of Carrollton
Boulevard. (Route 17) in Newport Magisterial District.
Chairman Spady called for persons to speak in favor of or in
opposition to the application.
.Branch Lawson, Waterpoint Lane, stated he was present for any
questions.
Pat Clark of Twin Hill Lane addressed his concern with the
installation of a fourth (4`h) stop. light. He would like it documented that if
there. is justification for the fourth (4`}') stop light ..that the cost would be
assumed by the developer. He would further like to see that the Highway
Corridor and Highway Corridor Overlay be carefully attended to.
.Chairman Spady closed the public hearing and called for comments
from the Board.
Mr. Hartley stated the application is subject to the proffers approved
by the Board on November 18, 1999 and he would request that the Board
reflect this in its motion so that it is clear.
Supervisor Claud moved the Board approve the application of Thomas
L. Newton, Jr. and Thomas S. Word, subject to proffers previously approved
on November 18, 1998. The motion was adapted with Supervisors Cofer,
Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the. motion.
Chairman Spady called for a public hearing on the following:
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The application of Jimmy C. & Judy H. Hodges to amend conditions
of Conditional General Commercial zoning on approximately three (3)
acres of land located on the southwest side of Carrollton Boulevard
{Route 17) in Newport Magisterial District. The purpose of the
application is to include the sale and storage of landscaping materials
and the storage of landscaping equipment as permitted uses.
Chairman Spady called for persons to speak in favor of or in
opposition to the application.
Jimmy Hodges, owner, requested the Board apprave his application.
Chairman Spady closed the public hearing and called for comments
from the Board.
Chairman Spady moved the Board approve the application of Jimmy
C. & Judy H. Hodges, as conditioned. The motion was adopted with
Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of
the motion (S-0) and no Supervisors voting against the motion.
Chairman Spady called for a public hearing on the following:
The application of M. D. Spivey, owner and Sandy Bottom Material,
Inc., operator for a Conditional Use Permit to excavate a borrow pit
including eight (S) acres located off the east side of Longview Drive
(602) on Spivey Lane in Newport Magisterial District
Chairman Spady called for persons to speak in favor of or in
opposition to the application.
Joshua Pretlow, Attorney representing M. D. Spivey, stated he has met
with citizens, in opposition due to truck traffic coming in from the Longview
direction and it-was agreed that the following would be conditions placed on
the operation of the pit: hours- would be 7:00 a.m. until 5:00 p.m. Monday
through Friday and any Saturday or emergency use would require the
exclusive use of Sandy Ridge and Autobond roads for both entrance and- exit
and all tandems (inadvertently left out and he would request be added back
in), quads and tri-axles would have to exit Sandy Ridge and Autobond.
Phillip Bosey of Whisper Lane presented a petition containing eighty-
two (82) .signatures requesting this application be denied because of safety
issues dealing with trucks utilizing Oliver Drive which is a residential area.
He stated since Sandy Bottom Material ,has taken over, operations have
become very aggressive in the number of loads per month being removed.
.Emma Gorsey spoke in opposition stating the application states under
the excavation plan that the depth will be twenty (20) feet at its deepest,
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however, the map submitted with the application states that it is, a minimum
of twenty (20) feet which may cause problems with the wells in this area.
She further stated ten (10) loads a day rather than ten (10) trucks a day is a
more reasonable request.
John Flemming of Holloway Drive spoke in opposition to the volume
and speed of overloaded dump trucks along the roadway.
Nancy Driggs of Oliver Drive spoke in opposition expressing. concern
with dump trucks traveling on a narrow roadway...
Teddy Driggs of Oliver Drive spoke in opposition expressing concern
with the narrowness of the roadway which produces a safety issue with
dump trucks traveling it.
Attorney Pretlow stated all of these issues were recently addressed in a
.meeting with Mrs. Gorsie and it was his understanding that these conditions
would satisfy the residents of that area. He noted the only trucks that would
be traveling out to Route 10 through that area would be single axle. dump
trucks. He stated sand and fill dirt can .not be found just anywhere and it
must be used where. it is found. He stated this is an area that .this type of
business has been permitted for a number of years.
Chairman Spady closed the public hearing and called for comments
from the Board.
Supervisor Bradshaw stated that the applicant has stated that the
permit would be only for a five (5) year period and he would suggest that the
applicant place a condition in this permit that they give up all future rights to
extend any permit.
Attorney Pretlow stated the applicant is agreeable with the, condition
limiting to five (5) years and they expect to be through by this time period. '
County Attorney Crook .advised the applicant could proffer this
condition in writing as part of its application.
Supervisor Bradby stated residents have presented a petition in
opposition to an application and he believes in being responsive to concerns
of the citizens.
Chairman Spady expressed his concern with dump trucks travelling.
down Oliver Drive which is a rural secondary road.
County Attorney Crook advised the Board it is able to impose
conditions on traffic flow since this is a Conditional Use Permit.
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Attorney Pretlow suggested the Board could allow all empty trucks in
through Oliver Drive and .run all full trucks through Sandy Ridge and
Autobond; otherwise, the County is sending a message that it does not want
the business or the tax money or the dirt that is needed for commercial
development in the area.
Supervisor Claud moved the Board table the matter until the Board's
January 20, 2000 meeting to provide the applicant an opportunity to
evaluate if they can modify the maximum number of loads per day or other
operational considerations to meet the concerns of the citizens of the area
with a recommendation of staff as to "no-thru truck traffic" on Oliver Drive.
The emotion was adopted (3-2) with Supervisors Spady, Cofer and Claud
voting in favor of the motion and Supervisors Bradshaw and Bradby voting
against the motion.
//
Supervisor Cofer moved the Board return to the regular order of the
agenda after taking a ten (10) minute recess. The motion was adopted
unanimously (5-0).
//
Chairman Spady called for the continuation of the County
Administrator's section.
County Administrator Caskey presented special legislation for the
Southeastern Public Service Authority. He noted that under the provisions
of the Virginia Water and Wastewater Act, SPSA has a "fifty (50) year life
limitation which is set to expire in the year 2023 and its Board of Directors
has been considering options to resolve that sunset provision. He stated the
Board of Directors of SPSA is recommending a legislative solution that will
eliminate the. provision and provide the member communities of SPSA to
withdraw. from membership at any time provided all contractual obligations
remain in force. He stated at the November 18, 1999 meeting, the Board of
Directors of SPSA recommended that the resolution contained in the agenda
be endorsed by each member community:
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION
WHEREAS, the County of Isle of Wight is a member of the
Southeastern Public .Service Authority of Virginia. ("SPSA"), an authority
created pursuant to the Virginia Water and Waste Authorities Act (the
"Act"); and,
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WHEREAS, Section 15.2-5114 Qf the Code of Virginia provides that
an authority created under the .Act shall exist for a term of fifty (50) years
from its creation, subject to further extensions by unanimous action of its
member localities; and,
WHEREAS, SPSA was created under the Act on January 24, 1973,
and its statutory life will expire on January 23, 2023; and, x
WHEREAS, it is prudent. and necessary for SPSA to now undertake
such planning and other measures as may be required to enable SPSA to
continue to provide services in the future to those of its member localities,
and their citizens, who may desire to receive such .services from SPSA
beyond the terms of SPSA's existing agreements with its member localities
for .services, and beyond the expiration of SPSA's statutory life under the
Act; and,
.WHEREAS, SPSA is unable to properly plan for the provision of those
future services, or to economically finance the costs of providing those
future services and the costs of providing the services which it is already
committed to provide, without the elimination of the limit upon its statutory
life that now exists under the Act; and,
WHEREAS, Section 15.2-5112 of the Code of Virginia further
provides that a member of an authority created under the Act may not
withdraw from that authority if the authority has outstanding bonds unless
(I) those bonds ..have been paid or advance refunded in full, or (ii) the
holders of those bonds. unanimously agree to the locality's withdrawal, and
neither (I) nor (ii) is practicable for an authority's continued efficient
management of its debts and obligations; and,
.WHEREAS, 15.2-51 l2 would in practice prevent a member of SPSA
from- withdrawing from the authority as long as SPSA has outstanding
bonds, even. if that locality has no outstanding contractual obligation. for the
.use- of SPSA's services or any obligation, contractual or otherwise, for the
.repayment of that outstanding debt; and,
WHEREAS, the County of Isle of Wight believes it is important to
SPSA and its members to support the amendment of certain provisions of
the Act to eliminate the limitations and restrictions described above in order
to ensure the efficient and economical operation of the authority for
continued services to .its members and the. public, including such continued
service to the County of Isle of Wight as it may independently determine to
contract for or receive in the future.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the County
of Isle of Wight:
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1. Approves and endorses legislation which would amend the Code
of Virginia in certain respects in the form attached to this
Resolution.
1
2. -Urges approval of the .proposed legislation by the members of the
Virginia General Assembly representing the citizens of this
locality; and,
3. Requests that the General Assembly and Governor of the
Commonwealth of Virginia adopt and approve the proposed
legislation in the form attached hereto..
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
County Administrator Caskey presented a request of the Blue crab
Foundation. He noted the Board previously considered the request and
directed staff to further investigate this request.
1
Donald T. Robertson, Assistant to the County Administrator/Director
of Human Resources, stated at this point only Richmond County has taken
formal action to endorse the request of the Save the Crab Foundation. He
stated VMRC and ViMS contend that there is no scientific evidence to
substantiate that position.
Supervisors Claud and Bradshaw recommended taking no action on
the request at this time.
Debbie J. Sivertson, Administrative Analyst, presented the ITEA-21
Grant Application for Historic Boykin's Tavern for the Board's
consideration. She requested Board direction to prepare an application
requesting $150,000 in Transportation Enhancement Grant funds.
Supervisor Bradshaw moved the Board authorize staff to prepare arr
application requesting approximately $150,000 in Transportation
Enhancement Grant funds and authorize staff to advertise the matter for
public hearing at the Board's January 20, 2000 meeting. The motion was
adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting
in favor of the motion (5-0) and no Supervisors voting against the motion.
1
County Administrator Caskey reminded the Board that the VACo
Legislative Day is scheduled for February 10, 2000 and requested that any
interested Board member. contact Carey Mills should they wish to attend.
//
Chairman Spady called for Old Business.
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The application of Isle of Wight County, owner, and Sprint PCS as
lessee fora a Conditional Use Permit to replace an existing 400 -foot
broadcasting tower with a new anchored tower at the Isle of Wight
County Public Works facility on .Poor House Road in the Windsor
Magisterial District.. Tax Parcel No. 39-O1-014. (Tabled November
18, 1999).
County Attorney Crook stated this is the application of Sprint that was
recommended. by the Planning .Commission and the Board held its public
hearing and tabled consideration of the matter because he was negotiating an
agreement with American. Tower. County Attorney Crook stated he has
written to American Tower and has been advised that his suggested changes
to their proposed lease are agreeable.
Supervisor Cofer moved the Board approve the application of Isle of
Wight County, owner, and Sprint PCS, subject to the approval of .the
agreement with American Tower by the County Attorney. The motion was
adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting
in favor of the motion (5-0) and no Supervisors voting against the motion.
County Administrator Caskey presented a request from the Carrsville
Volunteer Fire Department for the funding of the building for a generator.
Richard O. Childress, .Emergency Services Coordinator, advised the
Board that he visited the site and reviewed the plans.. He noted .the
Department is currently using a pump house for storage of various
equipment and it is his opinion the request is a justified expense.
Supervisor Cofer moved the Board approve the request to use the
remaining funds of $.19,065 allocated for the purchase of a generator for a
building to house the generator. The motion was .adopted with Supervisors
Cofer,.Bradby, Spady, Bradshaw and Claud voting in favor of the motion (5-
0) and no Supervisors voting against the motion.
Regarding the tabled issue of the Red Oaks Mobile Home Park water
system, County Attorney Crook stated the Board requested of him the
legalities of the. issue and whether the Board could grant Mr. Turner's
request. He distributed a copy of a letter he prepared today. He noted the
Zoning Ordinance stated the mobile home park must use public water if
public water is available which includes an addition or expansion of a
mobile home parka He stated the position of the Director of Public Utilities
is that the County is expending a great deal of funds in that area to install a
..water system and that County water will be available to this mobile home
park and that under the County Water- Ordinance, as it exists, the mobile
.home. park should be required to comply with the Ordinance. He noted the
Board could grant Mr. Turner's request for an exemption from the Water
Ordinance, but Mr. Turner would have to appear before the Board of Zoning
u
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Appeals and request a variance of the Zoning Qrdinance requirements.
County Attorney. Crook. asked the Board to keep in mind that if it grants an
exception to this mobile home park, there will. be more requests to grant
more exceptions.
Richard L. Turner explained the history of the water system in the
mobile home park to the Board. Mr. Turner requested the Board grant a
variance for the mobile home park to allow him to go before the Board of
Zoning Appeals to allow the operation of the water system and provide
water in the normal fees for the lots at no additional expense to the
operators.
Chairman Spady stated he could not equate a mobile home park. that is
plotted off to a subdivision. He stated if the Board treats mobile home parks
like subdivisions the County would not approve any more .mobile home
parks because the tap-on fee will increase the rent up too high.
Mr. Turner stated there is a possibility that twenty (20) years from
now this may not be a mobile home park, rather apartment houses or office
buildings and he would like to proffer that the system be turned over to the
County in twenty (20) years.
Supervisor Bradshaw moved the Board deny the request not to require
the Red Oaks Mobile Home. Park to comply with Section 16.1.35 of the
County Water Ordinance. The motion was defeated (3-2) with Supervisors
Bradshaw and Claud voting in favor of the motion and Chairman Spady and
Supervisors Bradby and Cofer voting against the motion.
Supervisor Bradshaw moved the Board table consideration. of the
request until the Board's January 20, 2000 meeting to allow further
investigation by County staff, the County Attorney and the applicant. The
motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and
Claud voting in favor of the motion (S-0) and no Supervisors voting against
the motion.
Chairman Spady called for consideration of the item concerning the
Hampton Roads Utility Billing System (HRUBS).
E. Wayne Rountree, P.E., Director of Public Utilities, recommended
the Board authorize staffto further investigate the HRUBS.
Chairman Spady requested that the Town of Windsor be brought into
discussions on the matter and that staff should proceed with direction given
by the Board two (2) years ago.
//
Chairman Spady called for New Business.
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BOQK .LV °'r ~: '~ ~~V
There was no new business offered for discussion by the Board.
//
Chairman Spady called for Appointments.
There were no nominations for appointment: offered by the Board.
//
Chairman Spady called for the County Attorney's report.
County Attorney Crook. presented the .Sheriff Agreement to Provide Police
Services to the Town of Windsor to the Board for its .consideration. He
stated the Agreement has expired and the Windsor Town.. Attorney has
requested that it be renewed. He advised he has redrafted the same
agreement except that the Agreement .will automatically renew annually
unless terminated by the County.
Supervisor Bradby moved the Board. approve the agreement. and that
the County Attorney be .authorized to forward it to the Windsor Town
Attorney. The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
//
;County Attorney Crook requested a closed .session under Section 2.1-
344 A3 of the Freedom of Information Act concerning two (2) matters
involving acquisition ofreal estate requiring advice of counsel and under
Section 2.1-344 A7 concerning a matter involving potential. litigation for
advice of counsel and stag
County Administrator Casket' requested. a closed session under
Section 2.1-344 A 1 of the .Freedom of Information Act concerning a
personnel matter.
Supervisor Bradshaw requested a closed session under Section 2.1-
344 A3 concerning advice of counsel on acquisition of property.
Supervisor Cofer moved the Board enter closed .session for the reasons
stated. The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting. in favor of the motion (5-0) and no Supervisors
voting against the motion.
Upon returning to open session, Supervisor Claud moved the Board
adopt the following resolution:
1
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CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed 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, 2.1-344.1 A of the Code of Virginia requires a certification
by this Board of Supervisors that such closed 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 closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: (Cofer, Bradby, Spady, Claud and Bradshaw)
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors Cofer, Bradby, Spady,
Bradshaw and Claud voting in favor of the motion (5-0) and no Supervisors
voting against the motion.
Supervisor Cofer moved the Board authorize payment of change
orders # 12 and # 14-19 in the amount of $25,294.68 for Boykin's Tavern.
The motion was adopted with Supervisors Cofer, Bradby,. Spady, Bradshaw
and Claud. voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
Supervisor Claud thanked Supervisors Cofer and Claud for their
contributions to the Board during the last years:
//
.~ ~~~~
Ph' p A. Bradshaw, Chairman
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