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02-02-1988 Regular MeetingBOOK ~~ "rA"'~ ~ J REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED EIGHTY NINE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Thomas L. Ross Richard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney Myles. E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Kenneth L. Chandler, Assistant to the County Administrator David J. Murphy, Public Utilities Director Bill McKay, Planner Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 2:01 P.M. The invocation was delivered by Supervisor Bradshaw. // Supervisor Bradshaw informed Richard W. Coates, Resident Engineer, Department of Transportation, that Walter Edmonds, resident on Route 619 near the prison farm, would like to have the ditches along the road cleaned out. Mr. Coates stated he would get in touch with him. Supervisor Edwards asked County Administrator Standish to send Bobby Lee and Nellie Mae King a copy of the letter from the Department of Transportation of the results of their study of the curve on Route 692. Supervisor Edwards informed Mr. Coates that residents in Central Hill still have ditch problems on Routes 1302, turn around, and 1304. Mr. Coates stated he would review the problems. Chairman Bradby asked Mr. Coates if there is anything the County can do to have the speed limit reduced in the area of Sandy Mount church on Route 620. Mr. Coates replied that their traffic engineer had conducted a traffic study and the study revealed that the area does not meet the minimum standards for reduction of speed. Rev. James Johnson, resident of the Carrollton area, asked for assistance in getting three bumps repaired on Route 258 in front of his residence. // The Chairman called for a public hearing on the following rezoning application: The application of Vivian M. Whitaker and Lyman W. Whitaker, owners, and James D. Auvil and Sheila Auvil, prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General, approximately .5 acre of land located on the south side of Routes 32 and 258, between Routes 665 and 664, in Newport Magisterial District. The purpose of the application is to provide office space. Rodham T. Delk, Jr., attorney, appeared to represent the applicants and requested that the Board return the application to the Planning Commission for further consideration since the applicants are amending their application. Supervisor Turner moved the Board grant the applicants' request to return their application for a change in zoning classification from A-l, Agricultural Limited, to Conditional B-1, Conditional Business General, approximately .5 acre of land located on the south side of Routes 32 and 258, between Routes 665 and 664, in Newport Magisterial District, to the Planning Commission for further consideration since they are amending the application. The motion carried (4-1) with Supervisors Turner, B~~K ~T r~~~M' I Ross, Bradshaw and Edwards voting in favor and Supervisor Bradby voting against. Chairman Bradby called a public hearing on the following conditional use permit application: The application of the Southeastern Public Service Authority for a conditional use permit to operate a regional sanitary landfill, on approximately 785 acres of land south of Route 682, east of Route 652 and west of Route 680, in Hardy Magisterial District. The application of the Southeastern Public Service Authority for a conditional use permit to operate a regional sanitary landfill on approximately 958 acres of land located south of Route 620, east of Route 652 and west of Route 258, in Hardy Magisterial District. The application of the Southeastern Public Service Authority for a conditional use permit to operate a regional sanitary landfill on approximately 896 acres of land located north of Route 600, south of Route 644, east of Route 258 and west of Route 637, in Newport Magisterial District. Chairman Bradby asked Assistant County Administrator/Community Development, W. Douglas Caskey, to give a summary of the proposed landfill sites application. Mr. Caskey stated that application site #1 is located in the Hardy Election District and sites #4 and #5 are located in the Windsor Election District. Mr. Caskey continued stating that a public hearing for the three proposed sites was held by the Planning Commission November 9, 1988 at which time Durwood Curling, Executive Director of the Southeastern Public Service Authority, gave a slide presentation of the various parts of the Authority's waste disposal system and explained the reason for the present application. Mr. Curling stated a new landfill is needed because of rapid population growth in the region combined with the inability to horizontally expand the existing Suffolk landfill. Concerns were expressed raised by citizens including groundwater contamination, the unfair burden on Isle of Wight to accept trash since the County contributes a small percentage of the total regional waste, increased truck traffic (especially in school zones), wetlands, the impact on nearby residents, proximity to the Courthouse (Site 4), attraction of undesirable animals, negative impact on surrounding property values and general concern about odor and unsightliness, said Mr. Caskey. Mr. Caskey stated several petitions were presented in opposition. Mr. Caskey further stated that the Virginia Council on the Environment was contacted in November and asked to conduct a review of the sites and the related engineering report submitted by SPSA. Professor Gerald H. Johnson, a certified geologist from the College of William and Mary, was requested by the County to review the three proposed sites in terms of their respective soils suitability and associated environmental impacts, said Mr. Caskey. Each of these reports found that Site #5 was the most suitable for the land, although all the sites under consideration were cited as having certain limitations, said Mr. Caskey. The Council on the Environment report suggested that the County assure itself that SPSA has conducted a thorough search for alternative sites and Dr. Johnson's report also gave recommendations for inclusion in a contractual agreement between the County and SPSA, in the event a site is approved, said Mr. Caskey. Mr. Caskey continued stating that the Planning Commission voted to recommend denial of all three sites and requested SPSA present other sites for consideration. Mr. Caskey read the following letter from the Sports Authority of Hampton Roads in favor of the proposed site #5 for the regional landfill: "Sports Authority of Hampton Roads The Regional Building 723 Woodlake Drive Chesapeake, Virginia 23320 Telephone: 420-8300 January 27, 1989 BooK 14 Y~,f X271 Mr. Henry H. Bradby Chairman, Board of Supervisors Isle of Wight County Route 2, Box 415 Smithfield, Virginia 23430 Re: Motorsports Complex (ORG:SAHR) Dear Chairman Bradby: The Sports Authority of Hampton Roads (SAHR) continues to pursue a motorsports complex to be located in Isle of Wight County. The site for this activity overlaps a possible SPSA Regional Landfill Site (#5), now under consideration by the Isle of Wight Board of Supervisors. This letter is to indicate that the members of the SAHR believe it would be financially advantageous for the motorsports complex and the regional landfill to be co-located, or adjacent to each other. Informal staff discussions suggest that joint use of water, sewer and other utilities, as well as improved road access would result in benefits and savings to both and they would not be incompatible activities. The SAHR has taken no position on the regional landfill. However, we did want to convey to the Board of Supervisors our thoughts in the event there may have been some questions on whether or not the motorsports complex would be adversely affected by a possible landfill. In fact, we believe they would be mutually beneficial. Sincerely, s/Ron H. Pack Chairman, SAHR RHP:jmc" Durwood Curling, Executive Director, Southeastern Public Service Authority, stated the Authority has held public briefings and conducted tours in an effort to inform the citizens what their plans are and how the sanitary regional landfill will be operated and maintained. Mr. Curling stated the following conditions: (1) the conditional use permit shall be ,conditioned upon the Southeastern Public Service Authority obtaining all appropriate Federal and State permits, including any required by the U. S. Army Corps of Engineers permit process. It is understood that this process may require a full Environmental Impact Statement, which could include all appropriate Federal and State Regulatory Departments and Agencies, per the following: U. S. Environmental Protection Agency, U. S. Fish & Wildlife Service, National Marine Fisheries Service, Virginia Institute of Marine Science, Virginia State Water Control Board, Virginia Marine Resources Commission and Virginia Council on the Environment; (2) the conditional use permit shall be conditioned upon an .appropriate traffic impact analysis, reviewed by the Virginia Department of Transportation, and upon commitment by SPSA to implement any improvements recommended by the State that are required due to the presence of the landfill; (3) the conditional use permit shall be conditioned upon approval of the landfill site and design, and issuance of appropriate permit, by the Virginia Department of Waste Management. The design and operation of the landfill shall meet or exceed such State standards as may be in place at the time of construction. Any waiver from these standards shall first receive County approval, (4)'a complete archaeological and historical survey of the site shall be accomplished prior to construction. If and when archaeological or historical features are discovered, they shall be detailed and catalogued and the County shall be immediately notified of same, (5) the conditional use permit shall be conditioned upon commitment by SPSA to pay the County's share of the interest participation costs associated with the extension of HRSD sewer service to the intersection of Routes 258 and 460, provided that the County has instituted an appropriate mandatory connection requirement for new development. This commitment shall commence at the time construction of the landfill commences and shall continue for a period of ten years, (6) the conditional use permit shall be conditioned upon the commitment of SPSA to BOOK ~4 ~Ar,~~ 1 act as agent•on behalf of Isle of Wight County and the Hampton Roads Regional Sports Authority, to the extent allowed by law, to acquire that adjacent property necessary to construct and operate a motor speedway. SPSA shall acquire the property, and make it available to Isle of Wight through an agreement with Isle of Wight County to receive a portion of any lease revenues from the use of the property as a motor speedway; (7) the conditional use permit shall be conditioned upon a certificate from the City of Norfolk that it presents no objection to the site as it relates to any of their reservoir systems located in Isle of Wight County, (8) the conditional use permit shall be conditioned upon a properly executive agreement between Isle of Wight County and SPSA to include the following: (a) free County disposal for a period of not less than 30 years, beginning at the time landfill operation commences, (b) half price commercial disposal for not less than 30 years, beginning at the time landfill operation commences; (c) buffer zone around active landfill operations to the County's satisfaction for proper visual attenuation and noise abatement; (d) enviornmental protection insurance or trust fund during operation and for 30 years thereafter; (e) leachate collection/disposal system via HRSD; (f) groundwater. monitoring at the landfill and a mitigation plan for three miles area around landfill; (g) first right of refusal to County for ownership of landfill site at no cost; (h) free disposal of unused farm chemicals, pesticides, herbicides and similar farm products produced by farming operations conducted in Isle of Wight County to the extent permitted by State and Federal laws and regulations; (i) extended, seven days a week, free access for County residents for disposal of household solid waste, to be located separate from the active landfill operations, and (j) other conditions as may be negotiated. Mr. Curling distributed a handout to the Board members providing information relative to savings to the County and design of the cross section of landfill as to how it will be constructed, stating the cost to the County would be approximately $17,098,601 which is very conservative. Mr. Curling also stated that the County would be the fourth community to take waste generated in the eight communities. Mr. Curling asked the Board's favorable consideration of site #5 for the proposed landfill. Joseph Lee Edwards, County resident near the Courthouse, read a letter in opposition expressing concern relative to traffic, location, leachate problems, pollution, and the unattractiveness of the landfill. Steve Seufer, Town Administrator, Town of Windsor, appeared in opposition stating he did not believe all of the information has been provided to the Board to make a decision, especially relative to traffic. Mr. Seufer stated he feels a traffic study should be made prior to site approval. Ted Lawson, resident of the Town of Windsor, appeared in opposition, especially to the proposed site #5. Mr. Lawson stated he feels that will bs; potentially dangerous and have a long range affect on the water supply. He also expressed concerns relative to the plastic liners only being guaranteed for 20 years use, additional traffic on Routes 460 and 258 to the landfill location, cleanliness, hunting, wetlands and he does not feel the landfill will enhance the Town of Windsor. Mr. Lawson urged the Board to reject the proposed conditional use permit and do further study to get adjoining jurisdictions to participate in a landfill which would have less affect on that area. Shirley Edwards, resident on Route 600, appeared in opposition expressing concern relative to possible contamination of the water supply. Nan Walker, resident on Route 600, appeared in opposition expressing concern regarding noise, groundwater, contamination, odors and landscape. Ms. Walker asked the Board to vote no on the proposed application. Terry Edwards, resident on Route 600, appeared in opposition expressing concern regarding noise, pollution, odor, nuisance, and the motorsports complex. 1 1 Grace Keen, President of the Isle of .Wight Citizens Association, spoke in opposition expressing concerns relative to environmental impact, Surry nuclear plant, chemical eooK 14 ~~n~273 contamination, increased taxes and leachate. Mrs. Keen stated their Association would support a County landfill for use by County citizens, as well as the race track. Mrs. Keen asked that the public hearing be continued until the February 16, 1989 meeting to allow more citizens to participate in the discussion. David Joyner, resident on Route 606, appeared in opposition expressing concerns regarding drinking water, hunting, ground water, liners and pipe depth, traffic and questioned the percentage of use of the current landfill by Southampton and Isle of Wight residents. Sherlon Lankford, resident on Route 682, appeared in opposition expressing concerns relative to traffic, lagoon behind his house, toxic waste and condemnation of property in later years for expansion. Mrs. John Ramos, resident on Route 682, appeared in opposition expressing concerns regarding traffic, safety of children, condemnation, water level and accessability for fire and rescue departments to answer calls. Mrs. Ramos asked that a referendum be held in order for the County residents to vote for a regional landfill. A. Dwight Doggett, Jr., farmer and life long resident of the County, appeared in opposition to speak on behalf of his father and children. Mr. Doggett asked the Board members that "when the vote is made on this project, will you make Isle of Wight County a better place to live"? Ruth Whitley, resident on Route 637, appeared in opposition expressing concerns regarding traffic and SPSA acquiring and owning the proposed motorsports complex. A. D. Doggett, Sr., County resident near the Courthouse, appeared in opposition and stated he does not feel that the County needs a landfill at this time and this is not a money issue. Sandra Doggett Crocker, Central Hill resident, also representing her husband Peter Frank Crocker, .appeared in opposition. Mrs. Crocker stated she hoped the Board members would listen to the comments of the County residents and vote accordingly. Supervisor Bradshaw asked if a water tower could be used to furnish a water system, to which Mr. Curling answered they would install a tank with a capacity to serve the speedway, as well as the landfill. Supervisor Edwards expressed concerns relative to a trust fund to take care of any potential disaster after closure. Mr. Curling stated $50,000 would be provided initially and an additional $5,000 or $10,000 would be added for 30 years and the trust fund would be left for 30 years after closure. Mr. Curling further stated that there will be $1 1/2 million insurance on the facility while in operation; however, no insurance will be available after it is out of operation. Supervisor Edwards asked who would monitor the groundwater system, to which Mr. Curling replied they would employ individuals to take tests and report to the Health Department and SPSA. Supervisor Bradshaw expressed concern regarding the time frame for the installation of sewer lines to Windsor, if SPSA's request for the conditional use permit for the regional landfill fell through or it required a longer length of time than anticipated. Supervisor Turner asked County Attorney Crook if Sites #1, #4 and #5 could be considered separately, to which Mr. Crook replied the Board can .vote on them together or vote cn each separately. Supervisor Turner moved to eliminate sites #1 and #4 for consideration of the proposed regional landfill in Isle of Wight County. Supervisor Edwards stated he does not support sites #1, #4 or #5, and stated the Board should close the door on this entirely because so many people are in opposition. soak 14 ~as~274 The vote in favor of the motion of Supervisor was unanimous (5-0). Supervisor Edwards moved to eliminate site #5 from consideration for the proposed regional landfill. Supervisor Ross reminded the Board members that they tried for years to locate a site fora County landfill and could not find a suitable site because no one wanted it in their backyard, thus the reason for County participation in the regional landfill in Suffolk. Supervisor Ross continued stating that if Isle of Wight County is going to be a dart of the regional landfill, it must do its fair share. Supervisor Ross also stated the cost of operation for a County landfill would be tremendous. County Administrator Standish stated the possible cost for a County landfill only which would consist of 150 acres fora 20 year period would cost approximately $38,360,000, which is a conservative figure. Approximately 815 tons of trash would be generated per year which would result in tipping fees over what we are paying SPSA. Mr. Standish stated that if the regional landfill was located along Route 460 from Ivor toward Petersburg, it would increase tipping fees due to the distance and it would not help the traffic situation. County Administrator Standish encouraged the citizens to consider a regional landfill. Supervisor Turner stated the County has to pay its dues in one of two ways; (1) participate in the regional landfill or (2) own one ourselves, which will be controlled by State and Federal laws. Supervisor Turner continued saying that recycling is an answer, but the County cannot begin to do the recycling job that SPSA can do. Supervisor Turner stated he supported Mrs. Keen's suggestion to table action until the February 16, 1989 meeting in order that other County citizens may add their input. Chairman Bradby stated he feels we need to work together to secure a landfill site that will be acceptable to all concerned. The motion made by Supervisor Edwards to eliminate.site #5 was defeated with Supervisor Edwards voting aye and Supervisors Bradby, Bradshaw, Ross and Turner voting nay. Supervisor Turner moved the Board table action on site #5 for the proposed regional landfill until the February 16, 1989 meeting. // Prior to voting on the motion made by Supervisor. Turner, Supervisor Bradshaw moved to have a ten minute recess, Supervisor Turner withdrew his motion. Supervisor Bradshaw's motion passed by unanimous (5-0) vote. The Board recessed at 3:50 P.M. and reconvened at 4:07 P.M. // Supervisor Ross informed the Board members that Mrs. Barry Wilson said the microphones did not work, she could not hear their comments. // Supervisor Turner again moved the Board table action on the proposed #5 site for a regional landfill to the February 16, 1989 Board meeting. The motion passed (4-1) with Supervisors Bradby, Bradshaw, Ross and Turner voting aye and Supervisor Edwards nay. Supervisor Turner asked County Administrator Standish to prepare a cost estimate for a County landfill operation and report to the Board. // Richard Wells, County resident, asked the Board to think long and hard before making a decision on the proposed landfill. // eooK ~4 ;~~:~27~ Assistant County Administrator/Community Development, W. Douglas Casket', presented the following request for the Board's consideration: The request of the Benn's Church Development Company to construct medical offices on property located within the designated St. Luke's Historical Zone. No one appeared in favor or in opposition. Mr. Casket stated the request was considered by the Historical Architectural Review Committee January 24, 1989 at which time the Committee found the proposal to be architectually compatible with the historic landmark therein and voted to recommend approval of the request, contingent on final approval by the Committee of the color and type of siding and brick, the bond of brick and the type of shingles to be applied. The Committee also recommended that the window trim be painted a different, but compatible color. On motion of Supervisor Turner, the Board voted unanimously (5-O) to approve the request of Benn's Church Development Company to construct medical offices on property located within the designated St. Luke's Historical Zone. // County Attorney Crook advised the Board he had received a letter from the Justice Department indicating that they have no objection to moving the Registrar's office and he had so informed th,e Registrar. County Attorney Crook advised the Board that the peddlers' ordinance needed to be amended to delete the license tax fee because the business license tax ordinance taxes gross reciepts which amounted to double taxation. He also advised that the zoning ordinance needed to be amended to delete the tax per site on travel trailer parks for the same reason. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to authorize County Attorney Crook to prepare an amendment to the peddlers and itinerant vendors ordinance and advertise same for a public hearing. Supervisor Edwards moved the Board authorize County Attorney Crook to prepare an amendment to the zoning ordinance relative to travel trailer parks and advertise same for a public hearing. The vote in favor was unanimous (5-0). On motion of Supervisor Turner, the Board voted unanimously (5-0) to direct County Administrator Standish to provide them with additional information relative to the proposed tax exemption for rehabilitation of real estate prior to County Attorney Crook advertising same for a public hearing. // On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the request of Herbert L. Jones, Extension Agent, to provide funds in an amount not to exceed $300.00, to purchase materials to be utilized by the appointed committee to ascertain the extent of gypsy moth activity in the County and to track same. Supervisor Turner moved the Board appoint the following gypsy moth committee: Robert P. Taylor,ITI, T. H. Blount, Charles Rose, James Ashby, James Pierce, Keith Newcomer, Charles J. Collins and Herbert L. Jones. The motion carried unanimously (5-0). On motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the change order, in the amount of $21,170 minus $4,809 - total amount of $16,261, for the renovation of the old Smithfield High School library project. // County Administrator Standish informed the Board members that Sheriff Phelps at the moment was involved with an important law enforcement matter and would present his report at the February 16, 1989 meeting. 800K ~~ rR"'~ ! U // ~ _ County Administrator Standish informed the Board members that the Boy Scouts were interested in obtaining some of the old furniture stored in the Boykin's Tavern for use in their regional office. County Attorney Crook informed the Board members that they would need to declare the furniture surplus and donate it to the Boy Scouts. On motion of Supervisor Turner, the Board voted unanimously (5-0) to declare the desks and chairs stored in Boykin's Tavern as surplus aroperty and to donate same to the Boy Scouts for use in their regional office. // On motion of Supervisor Edwards, the Board voted unanimously (5-0) to direct County Attorney Crook to review the statute relative to hunting dogs at the pound and disposition of same and report back to the Board. Supervisor Edwards asked County Attorney Crook if he had reviewed the statute relative to exemptions to the provisions of a local business license tax. County Attorney Crook stated he and the Commissioner of Revenue, Gerald H. Gwaltney, had met and discussed same. County Attorney Crook stated Mr. Gwaltney has correctly applied the law in the case of Mabry Scott, to whome he was certain Supervisors was referring. // Supervisor Turner moved the Board appoint Thomas L. Ross to serve a term of four years as a member of the Isle of Wight Public Service Authority representing the Smithfield Election District. The motion carried unanimously (4-0-1) with Supervisors Bradby, Bradshaw, Edwards and Turner voting aye and Supervisor Ross abstaining. // On recommendation of County Attorney-Crook and motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the January 5, 1989 Board of Supervisors minutes. // Supervisor Edwards moved the Board go into executive session for the purpose of discussing with legal counsel and staff members negotiations, contractual matters and potential business locations. // On motion of Supervisor Edwards, the Board voted unanimously (5-0) to approve the employment of David M. Griffith and Associates to prepare a report on impact fees for the County at a cost of $9,900.00. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to approve the employment of David M. Griffith and Associates to prepare a report on user fees in Isle of Wight County at a cost of $9,900.00. // At 5:21 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-0). yL z 9' ' ~~ZJ`"~ enry H. Bra by, C~iairman 1 ~I