12-21-2000 Regular Meeting
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIRST DAY OF DECEMBER IN
THE YEAR TWO THOUSAND
..PRESENT: Phillip A. Bradshaw, Chairman
. Henry H. Bradby, .Vice-Chairman
Robert C. Claud, Sr.
Stan D. Clark
Richard K. MacManus
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator.
Donald T. Robertson, Assistant
.County Administrator/Director of
Human Resources
. Carey H. Mills, Recording .Secretary
Chairman Bradshaw called the. meeting to order at 1:00 p.m. The
invocation was delivered by Supervisor Clark.
The Pledge of Allegiance. was conducted.
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Chairman Bradshaw called for discussion on the Comprehensive
Plan.
The individual Board members made the following requests;
. Supervisor MacManus requested that the Eastern Virginia
Airport Study be included
Chairman Bradshaw requested that the Rail Study be included as '
it relates to the possibility of the Route 460 Corridor being
expanded
:Under Chapter 5:1, Supervisor MacManus requested
clarification under last paragraph- regarding striping of rural
roads.
Under Chapter 5.1, first `paragraph, Chairman Bradshaw
requested that the sentence reference only one (1) municipal
airport.
Under Chapter 5.7, under Capacity Analysis, paragraph two (2),
..Chairman Bradshaw requested levels of service be further
clarified.
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Under Chapter 5.11, Highway Improvements, bullet one (1),
Supervisor Claud requested "1994" be corrected to reflect
"2000."
Supervisor Bradby requested the County's population verses
other localities benoted (Burry and Southampton) as it relates to
road improvements.
Under Chapter 5.12, under Other Transportation Facilities and
Services, Bus Service, Supervisor Claud requested clarification
noting this does not apply to the County.
Under Chapter 5:13, under Rail Transportation, first. paragraph,
Chairman Bradshaw requested "three subsidiaries" be corrected.
Under Chapter 5.13, under. Air Transportation, first paragraph,
Supervisor Claud requested "Patrick Henry" be changed to
reflect "Newport News/Williamsburg."
Under Chapter 5.13, under Water Transportation, Chairman
Bradshaw requested a reference be included to marinas in the
County.
Under Chapter 5.13, under Issues, second bullet, Supervisor
.Clark requested an additional statement be added relative to
.sensitivity to pre-existing neighborhoods for clarification
purposes.
Under Chapter 5.15, under Implementation, Supervisor
MacManus noted- that a Highway Master Plan .for the County
may be applicable in several places. He requested a paragraph
be developed to explain the benefits of the Plan.
Under Chapter 5.19, under Re-evaluate Highway Corridor
Overlay Zoning, Supervisor MacManus requested support of the
Town of Smithfield's. Highway Corridor Overlay District. This
would include the Town of Windsor, when such a District is
developed.
Under. Chapter 5.22, under .the Bike Plan Map, Chairman
Bradshaw noted the. location of Collosse Road is incorrect on
.Map 5-4.
Under Chapter 5.22, under Comprehensive Plan Transportation
.Plan Map, Supervisor MacManus requested that a Benns Church
Connector Road be added to the Map .verses a Cypress Creek
Connector _Road. Chairman Bradshaw requested that 258
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WindsorBuckhom Drive be added.. Chairman Bradshaw
requested the location of Collosse Road be corrected.
Under .Chapter 6.1, under .Sewer Facilities, Chairman Bradshaw
requested that the Director of Public Utilities have an
opportunity to review all chapters relating to utilities.
Under Chapter 6.2, first paragraph, Supervisor MacManus
requested the sentence beginning with "effluent discharged into
the Pagan River" be deleted..
Under Chapter 6.2, paragraph four (4), Supervisor Claud
requested the paragraph be modified to' reflect three (3) mobile
home parks instead of two (2).
Under Chapter 6.4, under Issues, paragraph one, Supervisor
Clark requested "grow" be changed to "expand" and .clarify. the
development service districts in .the last sentence of that
paragraph.
Under Chapter 6.4, under Water Facilities, last paragraph,
Supervisor MacManus requested "0..425 million" be changed to
reflect "650,000 to 700,000 million" and "1.5 mgpd" be changed
to reflect "2.1 mgpd." Supervisor Claud requested under the
first and .second paragraphs. that "Public .Service Authority" be
changed to "Public Utilities Department." He further requested
that the Director of Public Utilities. verify alI figures.
Under.-Chapter 6.6, under paragraph. one (1), Supervisor Claud
noted water to be supplied to the northern development service
district, not to any particular location. Under paragraph ..three.
(3), Chairman Bradshaw. noted the water distribution system is
owned in Isle of Wight. Supervisor Claud requested under
paragraph three (3), "courses of .potable water" be .changed. to
reflect "plans." He further requested "Therefore, in the near
future, it is anticipated .that" be deleted and replaced with "The
Town does. supply water to the industrial park."
Under Chapter 6.7, under paragraph .two (2), Chairman
Bradshaw noted that the community of Carrsville is no longer
served by three (3) wells, rather one (1) well. In the next to last
paragraph, Chairman Bradshaw requested "Union Camp
Corporation" be changed to "International Paper." He noted "17
wells producing 30 million gallons per day" is incorrect
information, as the amount is now less than 30 million gallons.
Under Chapter 6.8, under Issues, last paragraph, Supervisor
Claud requested that "Management" be removed from "Western
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Tidewater Water Authority." Chairman Bradshaw requested
that the Director of Public Utilities develop appropriate language
dealing with excess fluoride.
Under Chapter 6.9, Schools & Educational Resources,. under
paragraph two (2) Supervisor Claud .suggested changing the
word "prompted" to "contributed to." Supervisor MacManus
requested the inclusion of all renovation of remaining schools.
Under Chapter 6.11, under .Issues, first paragraph, Supervisor
Clark questioned if "five years" is accurate. -
Under Chapter 6.13, first paragraph, Supervisor Claud requested
"grown by one" be verified and advise the correct answer.
Under Chapter 6.15, under Health Care,. last paragraph,
Supervisor Claud requested that the new nursing home in
Windsor be added.
Under Chapter 6.15, first full paragraph, Chairman Bradshaw
noted that the Carrsville Fire Station no longer serves as a
satellite headquarters for the County Sheriff's Department.
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Under Chapter 6.16, under Library .Facilities, second .paragraph,
Supervisor Claud requested "Smithfield Library Association" be
deleted. Under ..thee .first paragraph, Chairman Bradshaw
requested that the new library in Carrollton be added.
Under Chapter 6.16, under Solid Waste Disposal, Chairman
Bradshaw requested the convenience centers be defined and that
mention of all "dumpsters" be deleted. He requested the
Director of Public Works be requested to work with Mr. Hartley
on updating this.. He further requested that the County is a part
of SPSA be included, that SPSA has a high rate of recycling and
the County has a high rate of localities around (use figures of
recycling of waste materials). He requested that SPSA
information be included regarding the .biggest problem.. with
waste is yard waste (trees, limbs, shrubs) and that household
waste is not the problem as far as landfill capacity.
Under .Chapter 6.17, under Issues, first paragraph, Supervisor.
.Claud questioned if ".beyond 1997" is a correct date.
Under Chapter.- 6.18, first paragraph, Chairman Bradshaw
requested that "a temporary unit" be deleted.
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Under Chapter 6:20, under Voluntary Proffers, Supervisor Clark
requested that residential developers and individual rezonings be
mentioned.
Under Chapter 6.21, third paragraph, Supervisor Claud,
requested that the paragraph be reworded to include "the
rezoning of subdivisions."
At 5:55 p.m., Supervisor Clark moved the Board take a five (5) minute
recess before continuing with the regular meeting. The motion was adopted
unanimously (5-0).
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Chairman Bradshaw called for Special Presentations.
Chairman Bradshaw recognized the members of the Smithfield
Packers Pee-Wee 1 Football Team and read the following Resolution to
Recognize the Accomplishments of Smithfield Packers Pee-Wee 1 Football
Team:
RESOLUTION TO RECOGNIZE
THE ACCOMPLISHMENTS OF
SMITHFIELD PACKERS PEE WEE l FOOTBALL TEAM
WHEREAS, the Smithfield Packers Pee-Wee 1 Football Team
participated in the Pop Warner Little Scholars Super Bowl which was held
December 3-9, 2000 in Orlando, Florida; and,.
WHEREAS, the Smithfield Packers Pee Wee 1 Football Team finished
the season as the 2"d ranked team in the nation with a record of 12 wins and
1 loss; and,
WHEREAS, the team did win the Mid-South Regional Championship
.and earned the opportunity to play in the Super Bowl.
WHEREAS, the Board of Supervisors of the County of Isle of Wight
wishes to recognize the accomplishments of the team.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
that the coaching staff, parents,. and members of the Smithfield Packers. Pee
Wee 1 Football Team, are recognized and congratulated for their outstanding
accomplishments in the Pop Warner Little Scholars Football League.
Supervisor MacManus moved the Board adopt the resolution.- The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
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and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
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Chairman Bradshaw recognized Justin L. Basham, Scott G. Bray,
Joshua. L. Brooks, Jacob M. Camper, Joseph W. Carr, Thomas A. Gehring,
III, Lee H. Jones, Charles W. Litton and Brian W. H. White and presented
the following Resolutions Recognizing and Congratulating Each for'
Achieving the Rank of Eagle Scout:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JUSTIN L. BASHAM .
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Justin L. Basham is a member of Boy Scouts of America,
Troop 7 and a resident of Isle of Wight County, Virginia; and,
WHEREAS,. Mr. Basham has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Justin L. Basham for his achievement.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED. by
the Board of Supervisors ~of the County of Isle of Wight County, Virginia
that Justin L. Basham is recognized and congratulated for achieving the rank
of Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
SCOTT G. BRAY
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Scott G. Bray is a .member of Boy Scouts of America,
Troop 3 and a resident of Isle of Wight County, Virginia; and,
WHEREAS, Mr. Bray has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Scott G. Bray for his achievement..
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NOW, :THEREFORE,. BE IT AND IT IS HEREBY RESOLVED by
..the Board. of Supervisors of the County of Isle of Wight County, Virginia
that Scott G. -Bray is recognized and congratulated for achieving the rank of
Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
.JOSHUA L. BROOKS
FOR ACHIEVING THE RANK OF EAGLE SCOUT
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.WHEREAS, Joshua L. Brooks is a member of Boy Scouts of America,
Troop 3 and a resident of Isle of Wight County, Virginia; and,
WHEREAS, Mr. Brooks has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to ..recognize and
congratulate Joshua L. Brooks for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
that Joshua L. Brooks is recognized and congratulated for achieving. the rank
of Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JACOB M. CAMPER
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Jacob M. Camper is a member of Boy Scouts of America,
Troop 36 and a resident of Isle of Wight County, Virginia; and,
WHEREAS,. Mr. Camper has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Jacob M. Camper for his achievement.
NOW, THEREFORE; BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
that Jacob M. Camper is recognized -and congratulated- for achieving. the
rank of Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JOSEPH W. CARR
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Joseph W. Carr is a member of Boy Scouts of America,
Troop 125 and a resident of Isle of Wight County, Virginia; and,
WHEREAS, Mr. White has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Joseph W. Carr for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of .Supervisors of the County of Isle of Wight County, Virginia
that. Joseph W. Carr is recognized and congratulated for. achieving the rank
of Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
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THOMAS A. GEHRING, III
FOR ACHIEVING THE RANK OF EAGLE SCOUT
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WHEREAS, Thomas A. Gehring, III is a member of Boy Scouts of
America, Troop 16 and a resident of Isle of Wight County, Virginia; and,
WHEREAS, Mr. Gehring has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Thomas A. Gehring, III for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
that Thomas A. Gehring, IIII is recognized. and congratulated for achieving
the rank of Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
LEE H. JONES
FOR ACHIEVING THE RANK OF EAGLE SCOUT
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WHEREAS, Lee H. Jones is a member of Boy Scouts of America,
Troop 41 and a resident of Isle of Wight. County, Virginia; and,
WHEREAS, Mr. Jones has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors .wishes to recognize and
congratulate Lee H. Jones for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight. County, Virginia
that Lee H. Jones is recognized. and congratulated .for achieving the rank of
Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
CHARLES W. LITTON
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Charles W. Litton is a member of Boy Scouts of
America, Troop 7 and a resident of Isle of Wight County, Virginia;. and,
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WHEREAS, Mr. Litton has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize -and
congratulate Charles W. Litton for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
.the Board of Supervisors of the County of Isle of Wight County, Virginia
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that Charles W. Litton is recognized and congratulated. for achieving the
rank of Eagle Scout.
RESOLUTION TO RECOGNIZE AND CONGRATULATE
BRIAN W. H. WHITE
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Brian W. H. White is a member of Boy Scouts of
America, Troop 36 .and a resident of Isle of Wight County, Virginia; and,
WHEREAS, Mr. White has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Brain W. H. White for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight County, Virginia
that Brian W. H. White is recognized and congratulated for achieving the
rank of Eagle Scout.
Supervisor MacManus moved -the Board adopt the resolutions. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion. (5-0) and no Supervisors voting
against the motion.
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.Chairman Bradshaw indicated the following Consent Agenda included
Items 2, A through C, and asked if there were any items for removal:
A. Hazard Mitigation. Grant Program/Burdette Road Community
B. Workers Compensation Coverage for Elected and .Appointed
Officials
C. Item Conservation Grant from the Virginia Circuit Court
Records Preservation Program
D. Actions. of the Isle of Wight County Planning Commission
Meeting of December 12, 2000
E. Delinquent Real Estate Tax Collection Monthly Report
F. November 16, 2000 Regular Meeting Minutes
County Administrator Caskey stated that staff recommends that the
item of Workers Compensation Coverage for Elected and Appointed
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Officials be removed from the Consent Agenda in order that it can be
discussed in greater detail under his section of the agenda.
Supervisor Bradby moved the Board .remove the item on Workers
Compensation Coverage for. Elected and Appointed .Officials and that it be
considered under the County Administrator's section of the agenda and that
the remaining items of the Consent Agenda be adopted. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of .the motion (5-0) and no Supervisors voting against the
motion.
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Chairman Bradshaw called for Transportation Matters.
Joe Ferguson requested that VDOT place rock on the roadway surface
of Dews Plantation Road.
MacFarland Neblett, VDOT Resident Engineer, noted he would look
into the request.
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Mr. Neblett presented the proposed Secondary Roads Budget for
2000-2001 and Six Year Plan for Secondary roads for 2000-2006 to the
Board.
Supervisor. MacManus moved the Board acknowledge receipt of the
proposed budget. and plan from VDOT and set the public hearing for January
18, 2001. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor Claud moved the Board add the unpaved section of Poor
House Road to the Candidate List for Unpaved Roads Funds. The motion
was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and
Claud voting in favor of the motion (5-0) and no Supervisors voting against
the motion.
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Chairman Bradshaw moved the Board place Lawrence Drive in the
slot for Maynard's Store Road and move Maynard's Store Road to the
bottom of the Candidate List for Unpaved Roads. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
Supervisor Claud moved the Board add Buckhorn Road to the bottom
of the Candidate List. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, .Clark and. Claud .voting in favor of the motion (5~0) and
no Supervisors voting against the motion.
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Supervisor Clark moved the Board .direct the Director of Planning and
Zoning, in .conjunction with the VDOT Resident Engineer at the January 18,
2001 meeting, outline what needs to be done on each road listed on the
Rural Addition Program to bring these into the VDOT `system for
maintenance. The motion .was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Mr. Neblett reported that work will begin on the intersection
.improvements between Windsor and Smithfield within the next sixty (60)
days.
Mr. Neblett stated the Route 260 connector project is proceeding on
schedule and is scheduled to be advertised in April, 2001.
Mr Neblett stated VDOT is awaiting a response from local
government agencies of the preferred plan for the Route 258/Route 10
Cypress Creek connector alignment.
Supervisor MacManus inquired about a response on .the .Cypress
Creek Connector project.
County Administrator Caskey noted staff would address the issue with
the Town of Smithfield.
Chairman Bradshaw requested that .the .Resident Engineer inquire
about funding from the hazard .elimination program through the State for the
installation and maintenance of emergency traffic signalization.
Mr. Neblett. reported that he should .have a report .for the Board
meeting in February regarding message boards for turn arounds on the
James River Bridge.
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Mr. Neblett reported that the pipe has been ordered and should be
delivered after the holidays for the relocation of the mailboxes along Route
258.
Chairman Bradshaw requested that Mr. Hartley advise the Isle of
Wight Citizens Association of the progress of the relocation of the
mailboxes along Route 258.
.Supervisor MacManus requested that the Resident Engineer include
and provide updates on the improvements proposed for Route 10 near
Smithfield: Station and widening of South Church Street under Primary
Roads in the future.
Supervisor Claud requested that the Resident Engineer provide Mr.
.Hartley with a schedule for improvements to South Johnson Avenue.
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Supervisor Claud requested that the Resident Engineer provide. Mr.
Hartley with a tentative schedule for construction of the Route 460 turn
lanes..
Mike Alexander questioned why VDOT had repaved a portion of
Route 17 from Smith's Neck Road to Channel Way.
Supervisor Clark moved the Board appoint Charles Vaughan/VDOT,
Jonathan W. Hartley, Stan D. Clark .and Nancy Quill to the Jones Creek
Bridge Review Committee. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
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At 7:00 p.m., Supervisor Bradby moved the Board amend the order of
the agenda in order to conduct the public hearings. The motion was adopted
unanimously (5-0).
Chairman Bradshaw called for a public hearing on the following:
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A. The application of B&J Mini Storage, LLC for. a .change in
zoning classification from RAC to Conditional General
Commercial of approximately three (3) acres of land. Said
property is located on the. east side of Courthouse Highway
(Route 258) between the Town of Smithfield and Scott's Factory
Road (Route 620) in Newport Magisterial District. The purpose
of the application is for commercial and retail space, as
conditioned.
Chairman Bradshaw called for citizens to speak in favor of or in
.opposition to the application.
Robert Jones, Attorney representingtheapplicant, stated the applicant
desires to run an antique shop on the property while leaving similar uses
available to him, i.e., low-volume retail type or office space.. He stated the
applicant does not have a site plan at this time and he would ask that if the
Board- has concerns that can be addressed. tonight he would like an
opportunity to discuss the application further to determine if something can
be arranged.
William Riddick, Smithfield Town Attorney, referenced a letter from
the Town of Smithfield stating the concerns of the Town's Planning
Commission.
Chairman Bradshaw closed .the public hearing and: called for
comments from the Board.
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Supervisor Clark referenced .the letter from the Town of Smithfield
noting that it still has .concerns about the long term need for extension of
public utilities and overall development which has progressed to the outer
edge of the Town.
Attorney Riddick explained that the. primary concern of the Smithfield
Planning: Commission is that it .seems as if that portion of that area is
growing up and there is not an overall- plan for it. He stated he believed the
Planning Commission would have less concern if an applicant advised what
the project is going to look like, if it met all the concerns of the Highway
Corridor Overlay and addressed fire protection, general water needs and
utility issues. He stated what is proposed is entirely speculative in nature.
Supervisor MacManus stated his concern is all the many different
options available. He stated information has been provided that indicates
that they may wish to put things such as bowling alleys, movie theaters and
used car lots and he is not sure that these kind of uses correlate with some of
the applications the Town would find favorable and uses. that require a large
number of people in the building. without proper fire protection and water
services. He stated he would be more agreeable if the uses were .more
narrow, such as retail stores.
' Attorney Jones clarified that it is the applicant's intent to have only the
professional offices .and low volume retail sales. He stated his applicant is
willing to proffer in writing that these would be .the uses.
Supervisor MacManus stated he is not sure what the urgency would be
not to address the Smithfield Planning Commission's concern. He stated he
did. not know. of any immediate project that is being held up at this point in
time. He stated if Attorney Jones indicated that there is some urgency to
this application, he could possibly support it, but trying to maintain a
positive .relationship .especially when there was not even a unanimous
agreement between the Planning Commission members.
Attorney Jones stated there is no urgency in that a building must be
constructed immediately, however, the prospective purchaser wants to .buy: ~~~~
the property .this year for tax purposes.
Supervisor Bradbymoved the Board approve the application.. of B&J
Mini Storage, LLC, as conditioned. The motion was .defeated with
Supervisors Bradby and Claud voting in favor of the motion (2-3) and
Supervisors Bradshaw, MacManus and Clark voting against the motion.
Supervisor Clark moved the Board refer the matter back to the.
Planning Commisison so the Commission may address .the concerns
expressed by the Smithfield Planning. Commission. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
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voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
B. The application of Isle of Wight County for a Conditional Use
Permit to construct. water improvements which include a
750,000. gallons (or less) elevated water tank, 150 feet in height;
up to two 1.0 million gallons of water per day wells, a water
treatment facility' and associated water transmission and
distribution mains in the Central Development Service District.
Said improvements are to be constructed at the Shirley T.
Holland Commerce Park located on the south side of Windsor
Boulevard (Route 460) in Windsor Magisterial District.
Chairman Bradshaw called for citizens to speak. in favor of or in
opposition to the proposed application.
Upon no one appearing, Chairman Bradshaw closed the public hearing.
and called for comments from the Board.
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Supervisor Claud moved the Board .approve the application of Isle of
Wight County. The motion was adopted with Supervisors MacManus,
Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
C. An Ordinance to Amend the Zoning Ordinance to Add Fees for
Engineering/Consultant Review
County Attorney Crook explained .that the amendment to the Zoning
Ordinance is where the County finds that outside experts are needed
concerning wetlands, Chesapeake Bay Act and other regulations that. must
be complied with and this would allow the County to select the consultant in
cases where the County deems it necessary and have an independent study
done with the requirement that the developer would pay for it.
Chairman Bradshaw called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Upon no one appearing, Chairman Bradshaw closed the public hearing
and called for comments from the Board.
Supervisor Clark moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND THEZONING ORDINANCE OF ISLE OF
WIGHT COUNTY, VIRGINIA TO REQUIRE APPLICANTS TO PAY FEES
FOR ENGINEERING/CONSULTANT REVIEW
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BE IT ANi~ IT IS HEREBY ordained by the Board of Supervisors of Isle of
.Wight County, Virginia, that the following Section designated Section 10308, be
added to the Zoning Ordinance of Isle of Wight County, Virginia:
Section 10308. Fees for En ineering/Consultant Review
If in the discretion of the County a review of any requestfor zoning ,
or .development by an outside engineering firm or other consultant
expert. in the field of the request is deemed necessary, the
landowner/applicant .shall be required to pay the fee for such review
prior to consideration of the request by the County.. The purpose of
the review will be to ensure that the request complies with all
requirements of County Ordinances, State statutes and Federal laws
and regulations.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor MacManus moved the Board direct staff to develop a
process for implementation of the Ordinance so that citizens who may be
required to pay for the services of an outside engineering firm will have
some prior knowledge as to the expense that is being applied to the project
. at hand. The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and. Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion.
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Supervisor Bradby moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
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Chairman Bradshaw called for Citizens Comments.
Pat Clark and Grace Keen distributed copies of the Carrollton Civic
League and Isle of Wight Citizens Association's legislative proposals and
requested these be included in the County's legislative proposals to be
presented at the 2000-2001 session of the General Assembly.
Lud Spivey expressed concerns relative to central dispatch operations
.and requested the Board eliminate dual dispatching of emergency rescue
services in the Windsor area and in the southern end of the County.
Bill Hayes addressed the .recent death of a County employee and
requested the County consider appropriating the necessary funds for a foot
and/or headstone for Joe Womack.
15
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~~
Chairman Bradshaw called for the Community Development report.
Mr. Hartley presented the Jamestown/Camptown CDBG Community
Improvement Grant -Interim Compliance Review and Housing Inspections
for the Board's information. He acknowledged Beverly Walkup's work on
the project noting her outstanding job in keeping the project on schedule.
Mr. Hartley presented the Isle of Wight ;County Flood Reclamation
Program - Housing Assistance Program Design for the Board's
consideration.
Supervisor Claud moved. the Board approve the program design and
authorize the County Administrator to execute individual housing
rehabilitation contracts. The .motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and. no Supervisors voting against themotion.
Mr. Hartley presented a request for a waiver of on-site sewage disposal
for. Lots 1 A .and 1 B, Mackelsfield Subdivision. He stated staff is
recommending that the Board deny the request, but should the Board
approve the request he would suggest the following two (2) conditions: (1)
that the easements be .created to establish cross purposes not only for
maintenance, but for the installation repair and maintenance, (2) that some
notation be placed on the plat that these easements will require the
installation of an alternative system at considerable cost.
Supervisor Claud stated this does not seem to be in keeping with what
the Board. generally deems acceptable as County standards and .under this
scenario he could not support the request.
William H. Riddick, attorney, stated both of these lots have been
approved by the County and the Health Department has approved .septic.
system sites. He stated on one (1) .lot there is a location for two (2) -
conventional .systems and on the other lot there is a location for two (2)
puroflow sites. He stated both, lots comply, but what the applicant is asking
is that the applicant be permitted to install the less expensive conventional
systems with cross easements with complete documentation giving both
property owners the right to construct the necessary septic systems wherever
it may be required by the Health Department.
Supervisor Claud moved the Board deny the application. The motion
was adopted with. Supervisors. MacManus, Bradshaw, Clark and Claud
voting in favor of the motion (4-1) and Supervisor Bradby voting against the
motion..
16
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Mr. Hartley advised the Board that a representative from the.
Chesapeake Bay Local Assistance Department (CBLAD) would be present
at the Board's first meeting in January,. 2001.
//
Chairman Bradshaw called for the Emergency Management report.. {
Richard O. Childress, Director of Emergency Management, presented
a Resolution to Appropriate $44,500 From the Fund Balance of the E-911
Fund for the Purchase and Installation of Emergency Services Radio
Antenna Equipment for the Board's consideration.
Supervisor Claud moved the .Board adopt the following resolution and
authorize the Chairman to sign the contract on behalf of the County:
RESOLUTION TO APPROPRIATE FORTY-FOUR THOUSAND FIVE
HUNDRED DOLLARS FROM THE FUND BALANCE OF THE E-911
FUND FOR THE PURCHASE AND INSTALLATION OF EMERGENCY
SERVICES RADIO ANTENNA EQUIPMENT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the purchase and installation of emergency services
radio antenna equipment; and,
WHEREAS, the funds in the amount of forty-four thousand five
hundred dollars ($44,500) need to be appropriated from the Fund Balance of
the E-911 Fund. to the 2000-01 E-911 Operating Budget of the County of
Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight, Virginia that forty-
four thousand five hundred. dollars ($44,500) from the Fund Balance of the
E-911 Fund be appropriated to the 2000-01 E-911 Operating Budget of the. '
County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) .and no
Supervisors voting against. the motion.
Mr. Childress notified the. Board that the American Tower project has
been delayed due to the Virginia Power's need to identify and potentially
relocate certain utility lines on-site.
17
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ii
Chairman Bradshaw called for the County Administrator's report.
County Administrator Caskey presented an -item on the proposed
increase in E-911 special tax. He stated the Board previously instructed that
a draft ordinance be prepared and public advertisement which is contained
in the agenda. He .requested the Board's authorization to advertise .the
ordinance for public hearing..
Supervisor Clark moved the Board authorize staff to advertise the
Ordinance for public hearing at the Board's January 18, 2001 meeting. The
motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark
and Claud voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
County Administrator .Caskey presented a request received from
William E. Laine, Jr. for a proposed tax exemption for the Tidewater
Soaring Foundation.
~1
Mr. Laine, representing the Tidewater Soaring Foundation, requested
the Board favorably consider a request for tax exemption.
County Attorney Crook advised that a resolution must be prepared that
provides the specific request, the assessed. value of the property, real and
tangible personal property and taxes paid. in past years. He stated it must be
advertised in the newspapers five (5) days before the public hearing and
then the Board may adopt the resolution which asks that the Tidewater
Soaring Foundation be added to the statutes that exempt 2000 charitable
organizations in the State of Virginia from property taxes.
Supervisor Clark moved the Board direct staff to advertise the matter
for public hearing and prepare an appropriate resolution. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting in favor of .the motion (5-0) and no Supervisors voting against the
motion.
County Administrator Caskey presented a Resolution to Establish A
Joint Tourism Function Between the County of Isle of Wight and the Town
of Smithfield for the Board's consideration'.
Supervisor MacManus moved the Board adopt the following
resolution:
RESOLUTION TO ESTABLISH A JOINT TOURISM FUNCTION
BETWEEN THE COUNTY OF ISLE OF WIGHT AND. THE TOWN OF
SMITHFIELD
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WHEREAS, the. County of Isle of .Wight,.. Virginia and .the Town of
Smithfield, Virginia recognize thesignificance of tourism to the County and
Town's overall economic development program and have agreed to form a
joint Tourism Department to be placed under the direction of the County of
Isle of Wight effective January I, 2000; and,
WHEREAS, the following terms have been agreed upon for the
operations of the joint Tourismfunction effective January 1, 2000:
1. The County .will be responsible for the processing and oversight of the
operations and fiscal affairs of the Tourism Department and will apply
the costs of such services to the budget of the Tourism Department to
include but not be limited to:
central purchasing equipment management
payroll administration data processing support
benefits administration agency fund accounting
accounts payable annual audit services
insurance. administration
2. Tourism Bureau. employees transferred to the Department of Tourism
with salary, leave balances, and years of service in tact effective January
1, 2000.
3. Tourism employees will continue to follow the County personnel policies
and. positions were and will continue to be evaluated and adjusted as
necessary to comply with the County's adopted Pay and Classification
Plan.
4. Tourism employees will follow all policy guidelines of the County to
include, but .not be limited to, travel,. workers compensation, holiday
leave, hours of operation, etc..
5. The.County and Town will formulate and agree annually on an operating
budget to sustain the operations of the joint Tourism Department.
6. Funding for the. Tourism Department will be shared annually at a 50/50
percentage split by the County and Town respectively. The Town of
Smithfield will make contributions at the beginning of each quarter of the
July 1 to June 30 fiscal year to the County for Tourism .operations. At
each fiscal ..year end, an annual accounting of costs incurred will be
performed with a proportionate return on contributions of .any unspent
funds for the fiscal year to the Town.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that a .joint
.Tourism function is hereby formed with the Town of Smithfield, Virginia
19
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ar~r~p ~ ~` ._?~~
and placed under the direction of the County of Isle of Wight effective
January 1, 2000 pursuant to the above stated terms for the funding and
operation of a Tourism Department.
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, .Virginia is authorized to do all things necessary to .give this
resolution effect.
The motion was. adopted with Supervisors. MacManus, Bradby,
Bradshaw, Clark and Claud voting in favor of the motion (5-0) and. no
Supervisors voting against the motion.
County Administrator Caskey presented a request for apart-time
docent position(s) for Boykin's Tavern for the Board's consideration.
Supervisor Claud moved the Board authorize staff to hire two (2) part-
time docent. personnel for the Tourism Department with funding in the
amount of $3,000 from -the Contingency Fund to be appropriated to the
Human Resources Department for F~'2000-2001. The motion was adopted
with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in
favor of the motion (5-0) and no Supervisors voting against the motion.
Anne F. Seward, Director of Budget and Finance, presented a status
report on the Capital Improvement Plan 2002-06 in the amount of
$55,000,000 for the Board's information.
Mrs. Seward presented the item concerning Workers Compensation
coverage for elected and appointed officials which was .listed under the
Consent Agenda and moved to the County Administrator's section by
motion of the Board.
County .Attorney Crook stated Board members and other elected and
appointed officials are not covered under workers compensation and the
Municipal League is suggesting that the .Board adopt a resolution placing
those officials it wants under workers compensation .which he thinks should
require same careful study about who the Board wants to put under. workers
compensation. He recommended that the Board appoint a committee of
staff to recommend who the Board should consider putting on workers
compensation.
1
Supervisor MacManus moved the ..Board appoint the Director of
Budget & Finance, the County Attorney and the Assistant County
Administrator/Director of Human Resources to review the proposal and
make a recommendation back to the Board. The motion was adopted with,
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion (5-0) and no Supervisors voting against the motion..
20
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County Administrator Casket' ..noted that. the 2001 VACo/VML
Legislative Day is scheduled for the Board's regular meeting date in
January. The Board noted a tentative date of February 6, 2001, but that it
would officially change its regular meeting date of February 1, 2001 at its
January. 4, 2001 meeting.
ii
Supervisor Bradby moved the Board amend the regular order of the
agenda in order to hear ..Old Business. The motion was adopted
unanimously (5-0).
//
Chairman Bradshaw called for Old Business.
The. application of Mollie G. Turner Family Limited .Partnership for a
Conditional Use Permit for a mining operation (borrow pit) totaling
thirty (30) acres of land located. on .the west side of Turner Drive
(Route 644) adjacent to 14182 Turner Drive, Smithfield, in Newport
Magisterial District. (Tabled November 16, 2000).
Chairman. Bradshaw reminded the Board that the matter was tabled
until representatives of the Chesapeake Bay Local Assistance Department
could ..comment on the application and a traffic impact study could be
performed.
1
Supervisor Clark suggested that a condition be added that it not be
used in the future as a BMP or wetlands mitigation site. Supervisor
MacManus reminded the Board that the applicants previously agreed to
proffer this.
Supervisor MacManus moved the -Board approve the application of
Mollie G. Turner Family, as conditioned, and with the added condition that
it not be used in the future as a BMP or mitigation site.. The motion was
adopted with Supervisors MacManus, Bradby, Clark and Claud voting. in
.favor of the motion (4-1) and Chairman Bradshaw voting against the motion.
Chairman. Bradshaw called for discussion. of the issue concerning
property of Robert D. Brugh on Battery Park Road.
Supervisor MacManus stated he has spoken with the Smithfield Town
Manager who was contacted by the Brugh family. He stated the Brughs are
requesting water and sewer ties from the Town to this property located in
the County. He stated the Smithfield Town Manager has advised him that
the Town will consider providing water and sewer if 1) the applicant and
2l
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County agreed to having a boundary adjustment to include that one (1) lot in
the Town boundary and 2) the Town reluctantly .agreed to accept the
property because of its commercial zoned nature. He stated he has a
problem with the property being zoned commercial in that location and he is
not in a position where he believes he could support water and sewer being
brought there.
Supervisor Claud moved the Board direct staff to bring back to the
Board under Old Business at its January 18, 2001 meeting, .information
concerning the location of the Smithfield boundary line, the Smithfield
annexation agreement that shows what is required to tie into the water/sewer
lines that belong to the County or the Town of Smithfield and, if a portion of
property is located in the County what would prohibit that property being
tied into the sewer line. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor: of the
motion (S-0) and no Supervisors voting against the motion.
County Administrator Caskey was directed to contact the individual
Board members .to determine. their schedules for interviewing .with the
facilitator in preparation for the upcoming Board Retreat.
Supervisor MacManus requested- Mr. Hartley send follow-up letters to
the Towns of Smithfield and Windsor requesting their respective input on
the draft Comprehensive Plan.
//
Supervisor. MacManus moved the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0).
/I
Chairman Bradshaw called for the County Attorney's report.
1
County Attorney Crook presented an extension of agreement with
Monette .Information Services for computer services which expired
December 16, 2000 and which extends the agreement from December 16,
2000 until June 30, 2001..
Supervisor MacManus moved the Board approve the agreement with
Monette Information Services and authorize thee. Chairman to sign it on
behalf of the County. The motion. was adopted with Supervisors MacManus,
.Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
County Attorney Crook noted .the Redistricting Committee has
scheduled a meeting for January 10, 2001 at 7.:.00 p.m, at Monette
22
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Information Systems training room. He invited interested Board,members to
attend.
County Attorney Crook noted he would present the Boykin's Tavern
Guidelines at the Board's January 4, 2001 meeting for consideration.
County Attorney Crook stated he had .several :.matters for closed t
session later in the meeting.
//
Chairman Bradshaw called for the continuation of Old Business
County Attorney Crook advised Supervisor Clark that he did not have
anything further. to report at this time on Yellow Rock Road.
.Supervisor Bradby requested the status of the issue brought up by Mr.
Hayes at the Board's. last meeting concerning compensation for employees
working during the holidays.
Donald M. Long, Director of Public Works, advised the Board that all
convenience center employees who are working during the Christmas
holidays will be compensated at two (2) times their regular pay and that all
such employees have agreed to the holiday work schedule.
County Attorney Crook stated the Director of Budget and. Finance
indicated to him by letter that it was the Board's intention to .shorten and
facilitate the CIP process by removing the role of the Planning Commission.
He :advised-that he responded to her that the CIP must go through. the
Planning Commission and the public hearing by the Planning Commission.
must be approved and .recommended to the Board.
//
Chairman Bradshaw called for New Business.
Supervisor MacManus requested a status report on Joe Womack.
Donald T. Robertson, Assistant County Administrator/Director of
Human Resources, advised that lYlr. Womack's family will be receiving
compensation that Mr. Womack was entitled to. He stated Mr. Womack's
benefits will be forwarded to his beneficiaries.
Supervisor Claud requested .that the Board be notified of any future
needs by the family that. may need addressing.
1
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23
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Chairman Bradshaw stated the Board has received requests from the
Treasurer's employees that the Board take whatever action needed to
increase the funding for his employees.
1
Chairman Bradshaw moved that the Board direct staff to notify the
Treasurer that the Board is willing to assist him with requesting
compensation increases for his employees before the State Compensation
Board and that staff, after. meeting with the Treasurer, report back to the
Board on what the Treasurer's intentions are for requesting these
compensation increases.. The motion was adopted with Supervisors
MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Supervisor Clark requested that Mr. Hartley advise the Board how the
proposed Comprehensive Plan Update addresses the limitation of billboards
and-the proliferation of borrow pits in the County.
//
Chairman Bradshaw called for Appointments.
1
Supervisor Claud moved the Board appoint Mary J. Eley to fill the
unexpired term of Letcher Eley on the Senior Services of Southeastern
Virginia. The motion was adopted (4-0) with Supervisor Bradby absent for
the vote.
Chairman Bradshaw moved the Board appoint Sandra Hawkins to the
Housing Rehabilitation Advisory Board. The motion was adopted
unanimously (5-0).
//
County Attorney Crook requested a closed session under Section 2.1-
344 A3 of the Freedom of Information Act concerning .negotiations for
acquisition. of two (2) property matters where public disclosure would
adversely affect the negotiations and strategy of the County.
County Administrator Caskey requested a closed session under
Section 2.1-344. A 1 of the Freedom of Information Act concerning a
personnel. matter dealing with compensation.
11
Supervisor Claud requested a closed session under Section 2.1-344 A7
of the Freedom of Information Act concerning a contractual matter requiring
advice of counsel.
Mr. Small requested. a closed session under Section 2.1-344 A7 of the
.Freedom of Information. Act concerning a contractual matter .requiring
advice of counsel and under Section 2. I -344 A3 concerning a .property
24
acquisition matter where: public disclosure would adversely affect the
.County's strategy in its negotiations.
Supervisor Bradby moved the Board enter closed session for the
reasons stated. The .motion was adopted with :Supervisors MacManus,
Bradby, Bradshaw, Clark 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:
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 D 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: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted with Supervisors MacManus, Bradby,
Bradshaw, .Clark and Claud. voting. in favor of the motion (5-0) and no
Supervisors voting against the motion.
Supervisor Claud moved the Board approve the. negotiations for
acquisition of the property number one (1) discussed in closed session and
authorize .the County Attorney to proceed with preparations of the terms of
the agreement .and deed. The motion was adopted with Supervisors
25
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5~,~,~.~ 1~ ~.5~~7
MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the
motion (5-0) and no Supervisors voting against the motion.
Supervisor Clark moved the Board approve the option agreement for
the property number two (2) .discussed in closed session and direct the
Director of Budget and Finance to provide the County Attorney a check. in
the amount of $500 with funds from the .Contingency Fund. The motion was
adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud
voting. in favor of the motion (5-0) and no Supervisors voting against the
motion.
//
At 10:15 p.m., Supervisor Bradby moved the Board adjourn. The
motion was adopted unanimously (5-0).
Ph' ~p A. Bradshaw, Chairman