07-19-2001 Regular Meeting~.,:.~, ~ ?tl :;:::345
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF JULY iN THE
YEAR TWO THOUSAND AND ONE
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PRESENT: Henry H. Bradby, Chairman
Robert C. Claud,. Sr., Vice-Chairman
Stan D. Clark
Richard K. MacManus
Phillip A. Bradshaw
Also Attending: H. Woodrow Crook, Jr., County Attorney '
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant
County Administratoi•/Director of
Human Resources
Carey H. Mills, Recording Secretary
Chairman Bradby called the regular meeting to order at 6:00 p.m. and
delivered the invocation.
The Pledge of Allegiance was conducted.
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Chairman Bradby called for Special Presentations.
Chairman Bradby presented a resolution of recognition to James B.
Brown, Jr. former member of the Isle of Wight County .School Board.
Supervisor MacManus moved the Board adopt the following
resolution:
RESOLUTION TO RECOGNIZE
JAMES B. BROWN, JR.
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WHEREAS, Mr. James B. Brown, Jr. was appointed to the Isle of
Wight .County School Board on February 6, 1974;. and,
WHEREAS, Mr. Brown served several terms as Chairman and as
Vice-Chairman of the School Board; and,
WHEREAS, Mr. Brown was the first African-American to serve as a
member of the School Board; and,
WHEREAS, during his tenure, Mr. Brown was instrumental in the.
.creation of the .New Directions Alternative School, the modernization of the
entire instructional program, the full accreditation of all schools by the
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Southern Association of Colleges and Schools, and the establishment of a
JROTC Program.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia wishes to
recognize the distinguished service of James B. Brown,. Jr. as a member of
the Isle of Wight County School 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.
Mr. Brown thanked the .Board and former Supervisor, Malcolm T.
Cofer, for supporting him throughout his tenure with the County.
Chairman Bradby presented a resolution of appreciation to Dylan
Joyner.
Supervisor Clark moved the Board adopt the following resolution:
RESOLUTION OF APPRECIATION
FOR
DYLAN JOYNER
WHEREAS, Dylan Joyner is a youth of .eleven (11) years, and a
member of Boy Scout Troop 36 of Carrollton, Virginia; and,
.WHEREAS, on July 5, 200.1, .the home of Dale E. and Betty Jo
Fitzwater in Carrollton, Virginia was filled with smoke and fire; and,
WHEREAS, Dylan Joyner did enter the burning house on four (4)
occasions in an effort to extinguish the fire, as well as perform various deeds
of heroism; and,
WHEREAS, the actions of Dylan. Joyner were brave and unselfish, and
instrumental to the preservation of the Fitzwater's residence; and,
WHEREAS, Dylan Joyner's .contribution has impacted the lives of the
Fitzwater's family, and resulted in a positive influence on the community as
a whole,
NOW, THEREFORE, BE IT AND IT IS RESOLVED that the Board
of Supervisors of Isle of Wight County, Virginia recognizes and appreciates
the heroic deeds of Dylan Joyner as performed on July 5, 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.
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Chairman Bradby indicated the following Consent Agenda included
Items 1, A through C, and asked if there were any items for removal:.
A Actions of the Planning Commission at the Meetings of June 12,
2001 and July 10, 2001
B. Delinquent Real Estate Tax Collection Monthly Report
C. June 21, 2001 Regular Meeting Minutes
Supervisor Claud moved the Board adopt all items of the Consent
Agenda. 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 Bradby called for Transportation Matters.
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Jonathan W. Hartley, Director of Planning and Zoning, presented the
summary report of current road and highway projects contained in the
agenda where additional information or activity has occurred since the June
14`'' Board report. He noted the summary report contained revisions
resulting from the quarterly meeting on June 25''' with the. VDOT District
and Residency staff.
Mr. Hartley noted receipt of a letter dated July 5, 2001 from James C.
Cleveland, District Administrator, regarding the flooding of Route 460 in
Zuni.
Supervisor MacManus requested the status of relocating the mailboxes
along Route 25$.
Mr. Hartley reported that. he is in the process of working with VDOT
and the post office to locate an appropriate site for the clustering of
mailboxes. and that he would keep .Supervisor MacManus informed on the
progress.
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Supervisor Bradshaw advised that he has :become aware that the
Federal Government does provide funds to the State for safety programs
such as emergency flashing lights. He suggested a meeting take place with
the Resident Engineer about these .programs and he will speak with the
County Administrator and the Director of Planning and Zoning to pursue
funding to ensure that these lights are installed at the cost of VDOT.
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Supervisor ~ Bradshaw. requested the Director of Planning and Zoning
schedule a meeting with the Resident Engineer to discuss speed limits in
proximity to Pulaski Church (Carrsville). He noted that at such meeting he
intended to also discuss the timetable for Pruden Road.
Supervisor Clark. requested that the Director of Planning and Zoning
advise the Resident Engineer to be prepared to address the project on
Whippingham Parkway at his next quarterly appearance before the Board.
Supervisor Claud made reference to the Route 460 road widening
project in Windsor. He stated based on information from staff and the scope
of the meeting, the left hand lane is now only going to extend to Roberts
Avenue, however, based on data received from VDOT, it appears to stop
short of Roberts Avenue and will only go through Shirley Drive. He advised
that the Town of Windsor has adopted a resolution in support of extending
the right turn lane at a minimum from the Dairy Queen (Route 258) to the
intersection of Hidden Acres Subdivision.
Supervisor Claud moved the Board direct staff to prepare a resolution
in support of extending the center turn lane along Route 460 through Hidden
Acres and send a copy of same to the Commonwealth Transportation Board,
Delegate William K. Barlow and Senator Fred Quayle.
Supervisor Claud requested the Director of Planning and Zoning
schedule a meeting with the Resident Engineer concerning ditch cleaning
efforts and general road maintenance of Carroll Bridge Road. He noted he
would get with the property owners involved.
Chairman Bradby requested the Director of Planning and Zoning's
attendance at a meeting scheduled for July 25`'' at 7:00 p.m. at the Rushmere
Volunteer Fire Department with residents of Holly Point Way.
Supervisor Bradshaw noted he would like to be in attendance at the
meeting with VDOT and staff regarding .the recent flooding of Route 460 in
Zuni.
Mr. Hartley distributed information concerning the County's recent
request to VDOT regarding the reduction of the speed limit along Route 460
at the Shirley T. Holland Industrial Park. He noted VDOT has agreed to
reduce the speed limit in the work zone for the construction of the left turn
lanes; however, he did not believe VDOT would honor the County's request
to reduce the speed limit throughout the construction of the project itself.
Mr. Hartley distributed information concerning a request for VDOT
from Abernathy Construction to use the property the County now owns (that
once was a part of the .King property) to locate office trailers (2) during
construction of the Route 260 project.
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Supervisor Bradshaw moved the Board direct the County
Administrator, the County Attorney and the Director of Parks and
Recreation review the request and make a recommendation 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.
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Chairman Bradby called for Citizens Comments.
Pat Clark requested the Board support the application for designation
of Ragged Island. Creek as an exceptional waterway.
C. W. Lawrence of Chuckamuck Restaurant reiterated his request that
citizens have access to a gravesite on privately owned property dating back
to the 1880s which has been fenced in located in Rescue.
Grace Keen, on behalf of the Isle of Wight Citizens Association, spoke
in support of having two (2) at-large School Board members. She requested
that the Board hold a public hearing at its August 16, 2001 meeting and that
James Brown, Jr. be appointed as one (1) of the at-large members.
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Nicky Sabino spoke in favor of the nomination of Ragged Island Creek
as an exceptional waterway. She further spoke in favor of adding two (2) at-
large members to the School Board and recommended James B. Brown, Jr.
be appointed.
Pat Anderson spoke in favor of the nomination of Ragged Island Creek
as an exceptional waterway. She requested improvements and .repairs to
Sugar Hill Road be made before any subdivision is developed on the
Founder's Pointe tract.
Sharon Hart spoke in favor of the nomination of Ragged Island Creek
as an exceptional waterway.
Art LaBonte requested the Board restrict Boykin's Tavern's use as an
historic building and that it be used for County business only.
Branch Lawson spoke in opposition to the proposed nomination of
Ragged Island Creek as an exceptional. waterway.
Thomas Fnderson spoke regarding a master plan violation to the 1975
agreement for Eagle Harbor. He urged the Board to deny the preliminary
plat until certain issues have been resolved, including the School Board's
need fora 24 acre school site.
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At ?:00 p.m., .Supervisor Bradshaw moved the Board amend the
regular order of the agenda in order to conduct the public hearings. The
motion was adopted unanimously (5-0).
Chairman Bradby called. for a public hearing on the following:
A. Proposed 2001-2002 Capital Budget
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed Capital Budget.
Chairman Bradby closed the public hearing and called for comments
from the Board.
Anne F. Seward, Director of Budget .and Finance, advised that the
advertisement in the newspapers contained one (1) error under Fire and
Rescue which referred to the "Isle of Wight. Volunteer Fire Department"
which should have been the "Windsor Volunteer Fire Department."
Supervisor Bradshaw stated that since it appears that the County will
be going to the bond. market to fund this and the next Capital Budgets, he
would like to add $150,000 to the Public Utilities budget for the Carrsville
water system replacement.
Supervisor MacManus stated he was not on the Board in 1999 and he
would need additional information before he could commit to $150,000. He
noted the items contained in .the budget have been studied over the last
several months and he could not, at this time, support adding a $150,000
capital expenditure without any discussion by the Board.
Supervisor Bradshaw stated the Carrsville water system has been
discussed by the Board for the last eight (8) years .since he .became a
member of the Board, but nothing has been done about it. He stated he is
not in favor of the entire Budget, however, if the Board is going to the bond
market he is going to request the money to replace the Carrsville water
system be included.
Supervisor Claud stated he could not support replacement of the
Carrsville water system tonight without further information as to what is
involved. He stated the issue needs to be presented and studied by the
Board and, if the need is sufficiently urgent,. then the Board must discuss a
way by which to fund it.
Supervisor Clark
address the .Board on
amendment to the CIP.
the project.
stated if the Director of Public Utilities would
the issue he would be willing to entertain an
He stated he is not familiar with the background of
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Supervisor Bradshaw moved the Board incorporate $150,000 for the
Carrsville water system replacement to the Public Utilities bud et. The
motion was defeated (3-2) with Supervisors Bradshaw and Bradby oting in
favor of the motion and Supervisors MacManus, Clark and Claud voting.
against the motion.
Supervisor MacManus moved the Board direct the County
Administrator to bring information regarding the Carrsville water system
and the need for improvements to it back to the Board so that a ro riate
action can be taken to amend the Capital Budget as appropriatepbased ~ on
current information with regard to the need of the Carrsville water system at
the Board's September 6, 2001 meeting. The motion was adopted with
Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor
of the motion {5-0) anal no Supervisors voting against the motion
Supervisor Claud moved .the Board adopt the 2001-2002 Capital
Budget in the amount of $4,407,767 with the condition that the monies
allocated for the space needs ($400,000) and parks and recreation
($650,000) be brought back to the Board before any expenditures are made
in those two (2) areas. 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 called for a public hearing on the following:
B. The application of William B. Camp for a change in zonin
classification from RAC to Conditional Suburban Estate
approximately fifteen (15) acres of land located on the south side
of Carrsville Highway (Route 58) west of Jenkins Mill Road
(Route 615), Carrsville, in .Windsor Magisterial District. The
purpose of the application is for a total of three (3) single-family
residential lots, as conditioned.
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed application.
There being no public comments. offered, Chairman Bradby closed the
public hearing and called for comments from the Board.
Supervisor Bradshaw moved the Board approve the application of
William B. Camp. 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.
Chairman Bradby called for a public hearing on the following request.
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C. The request of Anna D. and William H. Effler, trustees, for an
exemption. to Section 5002. (2)(b)(iii) of the Chesapeake Bay
..Preservation Area Ordinance to .reduce the fifty (50) feet buffer
area. Said property is located at 7065 Robertson Lane,
Smithfield, in Hardy Magisterial District. The purpose of the
.request is to provide a stream crossing (bridge) on the property.
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed request.
William Riddick, Attorney representing the applicant, stated Mr.
Effler purchased the property in 1988 at which time there was a small
wooden bridge at the location where he wishes to reconstruct -this bridge.
He stated the. original bridge was utilized until 1995 when it became in
disrepair and the bridge was disassembled. He stated in November of 2000,
the applicant pulled out the old pilings and. poured concrete footers without
permission from the Corps of Engineers or the County. The County, as a
result of a complaint, put a stop work order on his project and the Corps of
..Engineers corresponded with Mr. Effler to advise he had violated their
regulations. The Corps advised. there were two (2) options, as follows: 1)
Mr. Effler could remove the concrete footers (not the option recommended
by the Corps), or 2) leave the concrete footers in place and pay a cash
contribution to a wetlands bank of $1,870. He stated to continue with the
bridge requires a waiver or exemption from the Chesapeake Bay Act. He
stated at the Planning Commission meeting discussion centered around
whether he intends to build homes in that location. He stated this is not Mr.
Effler's intent as he has already given parcels to his son and -wife. He
further stated any construction of residences in this location would require
Board approval and Mr. Effler is willing to proffer a condition that. this
bridge. is not for ..the servicing of .any home site and no home site will be
permitted unless approved by the Board. He concluded, Mr. Effler wants
access to his property and he would like to take a tractor and wagons across
the bridge to clean up this area as there are old remains of hog pens and '
animal shelters and he desires to utilize the land for whatever agricultural
purposes he can in accordance with the County's ordinances.
Mark Sandberg of 7017 Robertson Lane, an adjacent landowner, spoke
in opposition to the proposed bridge. He stated unabated run-off from not
only the animals on the steep slope, but from Mr. Effler's field would
directly impact water quality in the .stream and set the stage .for .significant
erosion. He stated a bridge in this .protected wetland would result in
substantial detriment to his property as it would decrease his property value
and spoil the green serenity of his backyard.
..Randolph Smith spoke in favor of the application. He briefly
explained the history of the land. He confirmed that there was a bridge
located there since he was a youngster.
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Fred Vernon of Hampton spoke in favor of the application. He stated
he has used the bridge previously to cross the creek to hunt deer.
Bill Jones stated there was an existing bridge in 1992 as it was used to
get to a tree-stand located in the woods.
Tim Moore of Smithfield stated that while he has not seen the bridge
in the past, the area did contain what appeared to be the remains of a bridge..
There being no further public comments offered, Chairman Bradby
closed the public hearing and called for comments from the Board.
Chairman Bradby stated he saw no reason why the application should
not be approved.
Supervisor Clark stated he saw nothing in the use of the property that
is inconsistent with the County's Comprehensive Plan. He stated Mr. Effler
is paying a price for his mistake and he does not believe the Board should
deny him the use of his property.
Supervisor MacManus stated Mr. Effler is required to pay $1,875 to
mitigate the wetlands and there has been no penalty in this case which
concerns him. He inquired if Mr. Effler would agree to a condition that
there be no future home site or structures built on that property.
Attorney Riddick stated Mr. Effler is willing to agree to a condition no
future home sites created under family member exceptions or anything else
unless approved by the Board, however, he may wish to construct a pole
shed for the storage of hay.
Chairman Bradby moved the Board allow Mr. Sandberg, who arrived
after the public hearing, to speak. The motion was adopted unanimously (5-
0).
Mr. Sandberg addressed the condition. that no future home site would
be constructed .unless approved by the Board by asking why couldn't the
Board put a condition on that no homes are to be built.
Supervisor Bradshaw stated he does not agree with overturning a
unanimous vote by the Planning Commission because he feels this would be
sending a message that the Board does not know what it wants to do with.
the Chesapeake Bay Preservation Area Ordinance and. wetlands provisions.
He stated that he would recommend that instead of voting on this request
that it be sent back to the Planning Commission because of new information
presented.
Supervisor. Clark inquired of the County Attorney whether the Board
could impose a penalty of $1,875.. County Attorney Crook responded the
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.Chesapeake Bay Preservation Ordinance provides. for a civil penalty to be
imposed by the. Board with the consent of the person who violated the
ordinance.
Attorney Riddick spoke with his client and stated that. the concurred
with the additional penalty suggested by Supervisor Clark.
Supervisor Clark moved the Board approve the request of Anna D. and
William H. Effler conditioned upon the bridge being constructed in
accordance with the approved design specifications by the. Corps of
Engineers; subject to the condition that the property remain in agricultural
use and there will be no residences constructed on the property; that the
applicant pays an additional civil .penalty to the County in the amount of
$1,875; and, that the applicant waive the right to family exemption for the
property.. -The motion .was adopted (4-1) with Supervisors MacManus,
Bradby, Clark and Claud voting in favor of the motion and Supervisor
Bradshaw voting against the motion.
Chairman Bradby called for a public hearing on the following:
D. The application of Fitzhugh L. Edwards for a change in zoning
classification from RAC to Conditional -Rural Residential,
approximately five (5) acres of land located on the south side of
.Scott's Factory Road (Route 620) west of Bowling Green Road
(Route 644), Smithfield, in Newport. Magisterial District. The
purpose of the application is for the creation of one (1) single
family residential lot, as conditioned.
Chairman Bradby called .for persons to speak in favor of or in
opposition to the proposed application.
Fitzhugh Edwards requested. the Board approve the application. He
noted the request is a matter of necessity.
There being no further public comment, Chairman Bradby closed the
public hearing and called for comments by the Board.
Supervisor Claud moved the Board approve the application of
Fitzhugh L. Edwards. 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.
Chairman Bradby called for a public hearing on the following:
E. The application of James O. and Sandra L. Arnette for a change
in zoning classification from RAC to C-RAC and C-RR,
approximately twenty-two {22) acres of land located on the north
side of White House Road, (Route 682), west of its intersection
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with Comet Road (Route 68 l ), in Hardy Magisterial District.
The purpose of the application is for a total of two (2) single
family residential lots, as conditioned.
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Mr. Hartley stated a public hearing on this item was considered by the
Board at its last evening meeting and a public hearing was advertised again.
in error. He suggested that since it has been readvertised that the Board
proceed with the public hearing. He stated the Board previously tabled the
application with the request that staff meet with Mr. Arnette to discuss the
proffered conditions. He stated Mr. Arnette has submitted proffered
conditions that would limit the number of family member transfers to no
more than two (2) on each lot. He stated Mr. Arnette has further agreed to a
cash proffer of $1,500, if rezoning is approved to be paid to the County
when the parcel of land is sold.
Chairman Bradby called for persons to speak in favor of or in
opposition to the proposed application.
.James Arnette requested the Board approve his application. He stated
he would expect to pay a cash proffer on what he is selling, but not on what
he intends to keep for himself.
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There being no further public comment offered, Chairman Bradby
closed the public hearing and called for comments from the Board.
Supervisor Clark moved the Board approve the application of James
O. and Sandra L. Arnette, as conditioned. 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 Bradshaw moved the Board return to the regular order of
the agenda. The motion was adopted unanimously (5-0}.
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Chairman Bradby called for the Community Development report.
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Mr. Hartley requested the Board's consideration of the nomination of
Ragged Island Creek as an exceptional waterway.
Supervisor Clark noted he had prepared a proposed written -draft
which had been reworded by Supervisor MacManus. Supervisor MacManus
then distributed the proposed drafted letter to the Board for ias
consideration.
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Supervisor Claud moved the Board take a ten (10) minute recess to
.allow the Board members an opportunity to evaluate the proposed changes.
The motion was adopted unanimously (5-0).
Upon returning from its recess, Supervisor Clark moved. the Board
authorize the Chairman to sign the letter and forward same to Mr.
Whitehurst at DEQ with the following wording, as proposed by Supervisor
Clark and revised by Supervisor MacManus ... "The Board wants to ensure
that development may .occur in the watershed to Ragged Island Creek as
tong such development employs non-point source remedial measures so as
to neutralize (mitigate) any negative water quality impacts.. We understand
that this may place some limitations or additional measures and costs on
developments (such as housing developments, office parks, or retail
commercial sites) consistent with our Comprehensive Plan. It is our
understanding that the exceptional waterway designation would not preclude
environmentally sensitive consistent developments in the Ragged Island
Creek watershed. With this understanding, we endorse the nomination of
Ragged Island Creek as an exceptional waterway... ". 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. Hartley presented the application of Isle of Wight County..
Industrial Park Land Trust to create Lot 15 of the Isle of Wight Industrial.
Park, IWIP Road, Newport Magisterial District, Tax Parcel No: 42-01-007D
for the Board's consideration.
Supervisor Bradshaw expressed concern with lack of time to review
the a-mail distributed by Mr. Hartley prior to the meeting, as well as a
concern with the environmental impact. of creosote. He recommended the
Board direct staff to further review the application and report back to the
Board at its next meeting with recommendations on how to proceed.
Attorney Riddick introduced Mr. Moore, H&B Railroad, to the Board.
Attorney Riddick requested plat approval by the Board.
Mr. Hartley stated he would recommend the Board approve the
preliminary plat with the condition in terms of the site plan that those
portions that would impact the cat ponds would not be developed and that
the storage of creosote be located and :developed in such a way that no water
drains towards the cat ponds area.
Supervisor Clark asked Mr. Moore if it would be possible to tarp the
creosote. ties to ensure they do not leach into. the surrounding area.
Mr. Moore stated only forty (40) or fifty (50) creosote. ties are stored
on the site at one time. He stated normally the. area on which the ties are
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stored is on cement, not on the ground. He stated tarping the ties would not
be a problem.
Supervisor Claud moved the Board approve the. application with
conditions that require compliance with the site recommendations of staff
and DCR per its meeting on July 17`''. The motion was adopted (4-1) with
Supervisors MacManus, Bradby, .Clark -and Claud voting in favor of the,
motion and Supervisor Bradshaw voting against the motion.
Mr. Hartley presented the preliminary plat of Eagle Harbor, Tract 2,
Phase 1, Route 17, Carrollton Boulevard, Newport Magisterial District for
the Board's consideration. He stated a remaining issue is the coverage
within the development and staff suggests that maximum coverage on each
lot be established prior to the final plat. He stated the Planning Commission
does recommend approval with the condition the outstanding issues dealing
with impervious coverage be reconciled prior to final platting.
Supervisor MacManus inquired if Founder's Pointe has any linkage to
any development, the new Eagle Harbor or the old Eagle Harbor.
Caunty Attorney Crook stated Founders Pointe is separate now from
Eagle Harbor as a result of the rezoning of Eagle Harbor. He stated in the
agreement for the entire zoning in 1974, there were twelve (12) acres
reserved in Eagle Harbor for a school site and twelve (12) acres reserved in
Founders Pointe for a school site. The agreement provided if these sites were
not acceptable that there would be twenty-four (24) acres combined -for a
school site. He stated when the Board rezoned Eagle Harbor, they did not
acquire the twelve (12) acres school site and the position now put forward
by Founders Pointe is that they are only obligated for the twelve (12) acres
site of Founders Pointe. He stated he does not agree, nor does the Planning
Commission agree with that, because the agreement was for twenty-four
(24) acres for a combined site. Both of the current projects of Eagle Harbor
and Founders Pointe were one rezoning in 1974.
Supervisor MacManus requested that the Board be provided copies of
future plats in their agenda packages.
Supervisor Claud moved the Board approve the preliminary plat of
Eagle Harbor, Tract 2, Phase 1 with the impervious coverage to be
reconciled on the plat prior to final platting, as well as a timetable for the
relocation of the gravesite, Mr. Hartley is to advise Supervisor Clark if DCR
had done a site visit and keep the Board and Planning Commission apprised
of when and how the graveste will be moved. 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 Bradby called for the Parks and Recreation report.
Debbie Weir, Operations Supervisor for Parks and Recreation,
presented a change order in the amount of $5,350 for the restroom
construction at Nike Park.
Supervisor MacManus moved the.. Board approve Change Order # 1 in
the amount of $5,350 for ...the Carrollton Nike Park restroom construction.
The motion was adopted (4-0) with Supervisors MacManus, Bradby,
Bradshaw and Claud voting in favor of the .motion; no Supervisors voting
against the motion; and, Supervisor Clark absent for the.. vote.
Supervisor MacManus inquired about the status of the. Skate Park.
Debbie Weir noted the project is approximately 80% to 90% complete
with an anticipated September completion date.
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Chairman Bradby called for the Emergency. Management. report.
Richard O. Childress, Director of Emergency Management, requested
the Board consider setting a date for a joint meeting with the Fire and
..Rescue Association.
The Board scheduled the meeting requested for Tuesday, September
11 c~ at 7:00 p.m.
Supervisor Claud noted a conflict with his schedule and asked Mr.
Childress to see if another date for the meeting could be established.
Mr. Childress noted he would report back to the Board with a
confirmation of the date of the meeting.
Mr. Childress notified the Board that Vin Pulley has filled the position
of Captain of the. Isle of Wight Volunteer Rescue Squid, replacing Phil
Goodwin.
Supervisor Bradby inquired if the transfer switch has .arrived for the
generator at the Rushmere Volunteer Fire Department.
Mr. Childress noted the person who was overseeing the project is
recovering from an operation and he would keep Supervisor. Bradby
informed.
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Chairman Bradby .called for the County Administrator's report.
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County Administrator Caskey presented a request by the Department
of Social Services to be included in the County's
Grievance Procedure
.
.
Supervisor Clark moved the Board authorize the inclusion of the
Department of Social Services in the County's Grievance Procedure. 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.
Donald T. Robertson, Assistant County Administrator/Director~ of "
Human Resources, provided the. Board with information relative to ongoing
work on the elevation of homes affected by Hurricane Floyd. He presented a
change order for approval by the Board.
Supervisor Bradshaw moved .the Board approve the change order for
the elevation of the flooded homes. 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 noted the VMLNACo electrical power
contract with .Dominion Power had been received and is available in his
office should any Board member have an interest in reviewing the
document.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook presented a renewal of the lease agreement
between the County and Kirk Timber and Farming Company, Inc. for the
Pons Voting Precinct polling place. He advised the lease is for a period of
ten (10) years at a slightly increased annual rental.
Supervisor Bradshaw moved the Board approve the lease agreement
and authorize the Chairman to sign same on behalf of the County. 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 Attorney Crook reported that the U.S. Department of Justice
had advised him in writing that they did not interpose any- objection to the
County's redistricting plan for election districts and precincts.
County Attorney Crook stated the. Congressional Redistricting that
was favored by the County which keeps the County intact was also approved
by the General Assembly.
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Supervisor MacManus moved the Board direct County Administrator
Caskey to send a letter of appreciation to Delegate William K. Barlow for
his work on behalf of the County regarding the Congressional Redistricting.
The motion was adopted with Supervisors 1VIacManus, Bradby, .Bradshaw,
Clark and Claud voting in favor of the motion (5-0) .and no Supervisors
voting against the motion.
County Attorney Crook presented a letter from the Treasurer regarding
tax collection, specifically the suggestion to advertise more than thirty (30)
parcels at a time, rather than. four (4). He stated that he would discuss this
matter with the attorney under contract .with the County for delinquent tax
collection.
County Attorney Crook stated pursuant to the Board's previous
direction, he has prepared A Resolution to Amend the. Reinstatement Policy
for the Board's consideration..
Supervisor Bradshaw moved the Board adopt the following resolution
as presented by the County Attorney:
RESOLUTION TO AMEND THE
REINSTATEMENT POLICY
WHEREAS, .the Isle of Wight County Personnel Policies and
Procedures manual addresses the County's Policies and Procedures
regarding reinstatement; and,
WHEREAS, Section 4.7 of said personnel Policies and Procedures
Manual is to be amended to delete a time limitation on reinstatement.
NOW, THEREFORE, be it and it is hereby resolved by the Board of
.Supervisors of Isle of Wight County, Virginia, that ARTICLE IV,
.Conditions of Employment, Section 4.7, Reinstatement, be amended to read
as follows:
Section 4.7
Reinstatement
An employee who has been separated because of a reduction in
force or who has resigned in good standing shall. be eligible for
consideration for reinstatement.. Approvals of requests for
reinstatement shall be the responsibility of the County
Administrator upon receiving a recommendation from the
department .director.
Anniversary dates for reinstated employees shall remain
unchanged, except when a reinstated employee has missed one
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full pay .period or more from their position prior to
reinstatement, in which .case the .anniversary date shall be
amended to reflect the days missed to the nearest full pay period.
If the reinstatement date is prior to the 15`h of the month, the
anniversary date shall be the 1 ~` of the month. If the
reinstatement date is after the 15`h of the month, the anniversary
date will be the l S` of next month.
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 he had several other matters for closed
session later in the meeting.
//
Chairman Bradby called for Old Business.
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Regarding the issue of 1991 "Full Cost" recovery of user fees for the
Planning and Zoning Department, Supervisor MacManus moved the Board
authorize staff to advertise the matter for pubic hearing at the Board's
August 16, 2001 meeting after action by the Planning Commission. 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.
Regarding the recommendations from the Boykin's Tavern Advisory
Committee, Supervisor Bradshaw moved the Board direct to the Tavern
Advisory Committee that the Board desires that Boykins Tavern be used as
an historical building and that any public use would have to come under
their direction. The Committee is directed to establish guidelines .for any
such use that would. be adopted by the Board of Supervisors. 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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Regarding the Water .Quality Impact Assessment for Eagle Harbor,
Supervisor MacManus moved the Board direct the County Attorney to come
back to the Board and explain what measures need to be taken to allow the
County to enforce a 100 ft RPA going forward with development that may
have been granted the 50 ft RPA allowance, and the ramifications thereof.
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 MacManus requested an update from staff at the Board's
August 2"d meeting concerning volume issues for the Smithfield water sales
for Gatling Pointe.
Supervisor MacManus requested an update from the County Attorney
on the recreational area between Gatling Pointe and Gatling Pointe South, as
it relates to responsibility and ownership.
County Attorney Crook reported that when Gatling Pointe South. was
rezoned .there was a proffer in the conditional zoning that the yacht club
would own the recreational areas and they would be maintained by both
Gatling Fointe and Gatling Pointe South. The Gatling Pointe .Community
Association now desires to own the recreational area and the question is do
they have to come back before .the Board of Supervisors because it is a
conditional zoning. He stated he has requested, but not received, additional
information from their attorney.
Supervisor MacManus requested an update on a meeting with the
Intergovernmental Committee.
County Administrator Caskey advised that the Smithfield Town.
Manager has been away on vacation and should return next week.
Supervisor Clark requested a status report from Mr. Ilartley on the
access to Founders Pointe from Sugar Hill Road.
Mr. Hartley reported that staff and the County Attorney are still.
attempting to coordinate a meeting with the residents of Sugar Hill Road to
address their concerns with the access to the Founders Pointe subdivision.
//
Chairman Bradby called for New Business.
Supervisor Claud noted the Western Tidewater Water Authority .will
hold a dedication ceremony for the tie-in of the Suffolk and Isle of Wight
line on August 16`". He noted when a time is established he would advise
the Board.
Supervisor Claud moved that the Board adopt the following resolution
in support of the .Town of .Windsor's request of the extension of the Route
460 turn lanes through to the Hidden Acres Subdivision:
RESOLUTION TO REQUEST THE COMMONWEALTH
TRANSPORTATION BOARD TO EXTEND THE DESIGN AND
CONSTRUCTION OF A LEFT TURNINGLANE ON ROUTE 460 WITHIN
THE TOWN OF WINDSOR, AT A MINIMUM, FROM THE DAIRY
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QUEEN RESTAURANT EASTWARD. TO THE INTERSECTION OF THE
HIDDEN ACRES SUBDIVISION
WHEREAS, there has been substantial residential, commercial and
industrial growth in and around the Town of Windsor, Virginia, the effects
of which has increased vehicular traffic on the roads and streets in and
around the Town of Windsor, and Isle of Wight Caunty; and,
WHEREAS, the current configuration of U.S. Route 460 in the Town of
Windsor does not have a left turning lane, the absence of which creates a
serious and continuous threat to the health and safety of those drivers and
occupants of vehicles that travel upon U.S. Route 460 within the Town of
Windsor; and,
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WHEREAS, the Town Council for the Town of Windsor has
previously adopted on September 12, 2000 a resolution entitled "Resolution
of the Town Council for the Town of Windsor, Virginia Concerning the
Establishment of a Left Turning Lane on U.S. Route 460"; and,
WHEREAS, the Commonwealth Transportation Board (CTB), at its
scoping meeting on February 1, 2001, considered a request that the left
turning lane on U.S. Route 460 in the Town of Windsor extend from the
current location of the Dairy Queen restaurant .eastward to the current
location of the Food Lion store, with the further request that if any portion
had to be deleted from the project, that the area of deletion be from the
entrance to the Hidden Acres subdivision eastward tot he Food Lion store;
and,
WHEREAS, it now appears that the CTB is in the process of
designing and constructing a left turning lane on U.S. Route 460 in the
Town of Windsor, to begin at the Dairy Queen restaurant and extend
eastward and terminate at the intersection of Shirley Drive and U.S. Route
460; and,
WHEREAS, the Isle of Wight County Board of Supervisors believes
that, in order to protect and insure the health and safety of those drivers and
occupants of those vehicles that travel uponU.S. Route 460 within the Town
of Windsor, the left turning lane on U.S. Route .460 should extend, at a
minimum, from the Dairy Queen restaurant eastward to the entrance of the
Hidden Acres subdivision.
1
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Isle of Wight County .Board. of Supervisors does hereby request the
Commonwealth Transportation Board for the Commonwealth of Virginia to
take all necessary and prompt action to design and construct a left turning
lane on U.S. Route 460 within the Town of Windsor extending, at a
minimum, from the Dairy Queen restaurant eastward to the intersection of
the Hidden Acres subdivision.
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The motion was .adopted with Supervisors MacMarius, Bradby,
Bradshaw,. Clark and Claud voting in favor of the motion (5-0) and no
Supervisors voting against the motion..
Regarding the issue of improved access along the Route 460 Corridor,
Supervisor Claud- moved the Board go on record that it supports an
alignment .that is in proximity to the current Route 460 alignment and the
existing Towns along the Route 460 Corridor, as illustrated in the County's
Comprehensive Plan. 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.
//
Chairman Bradby called for Appointments.
Supervisor MacManus moved the .Board appoint Renee Bivins as the Town
of Smithfield .representative on the Industrial Development Authority. The
motion was adopted unanimously (5-0).
//
Bill Hayes requested that a letter be sent to Randolph Smith
commending him for his efforts to appear and speak to the Board in view of
his disability.-
Supervisor Clark moved the. Board direct the County Administrator to
send Mr. Smith a letter for his efforts for. making information available 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.
//
County Attorney Crook requested a .closed session under Section 2.1-
344 A3 of the Freedom of Information Act concerning three (3) matters
involving negotiations for property acquisition for public use where
disclosure would adversely affect the County's negotiating position; under
Section 2.1-344 AS concerning two (2) matters involving potential citing. for
industry which .have not been previously announced; under Section 2.1-344
A3 concerning use of public property. and .offer for acquisition; under
Section. 2.1-344 A7 concerning two (2) .matters of consultation with legal
counsel and staff concerning actual or probable litigation.
County Administrator Casket' requested a closed session .under
Section 2.1-344 A 1 of the Freedom of Information Act concerning a
personnel matter.
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Supervisor MacManus requested a .cloned session under Section 2.1-
344 A 1 of the Freedom of Information Act concerning a personnel matter
and under .Section 2. l -344 A7 concerning two (2) litigation matters.
_]
Supervisor Bradshaw 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 Bradshaw 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;
1
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: MacManus, Bradby, Bradshaw, Clark and Claud
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
1
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 Bradshaw moved the Board direct the Director of Public
Utilities to notify the appropriate authorities that the County .will not be
accepting the loans for the fluoride treatment at thin time, but that after the
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County does further evaluations and discusses the alternatives, the County
may come back in the future. to reapply for the loans. 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 moved the Board authorize Counsel to forward a
check in the amount of $250 as settlement for the matter discussed in closed
session with no acknowledgement of liability.. 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 Bradshaw moved the .Board appropriate the compensation
funding .for the County Administrator at 3.5%, increase effective July 1,
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 Clark moved the Board direct staff to continue to
communicate with Sharon Stallings, General Manager of Charter
Communications, the desire for a public access channel. 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 Bradshaw moved the Board continue .its meeting until 5:30
p.m, on July 31, 2001 at the Windsor Elementary School for the purpose of a
joint meeting with the School Board.
W. Dougl
-~~ .
Henry H.. radby, Chairman
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