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10-05-1989 Regular Meeting.. REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED EIGHTY NINE PRESENT: Henry H. Bradby, Chairman Thomas L. Ross .Richard L. Turner Steven W. Edwards 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 Carey Mills, Assistant Clerk Absent: Joel C. Bradshaw, Jr., Vice Chairman Chairman Bradby called the meeting to order at 2:00 P.M. The invocation was delivered by Supervisor Edwards. // R. W. Coates, Resident Engineer, Virginia Department of Transportation, informed the Board members that following his discussion with County Attorney Crook, he had. prepared a resolution to take Bayview Drive into the Virginia Department of Transportation secondary road system for consideration by the Board. Mr. Coates also advised that the developers of Cypress Creek are presently working on the Route 10 interchange project anti the plans will be submitted to the County soon. Supervisor Edwards expressed concern about ditches along the third road in Central Hill which do not flow or drain properly. He also stated there was a similar problem with the main ditch in that it does not bring out material from the first ditch. Mr. Bradby expressed concern about the intersection of Route 647 and Route 626 where school buses are having visibility problems. Road repairs are also needed on this road, he stated. Mr. Coates said he would look into these matters. // Hilda Musick presented a petition from people living along Highway 669 requesting a reduction in speed to 45 miles per hour. 1 eooK 1~ ,a, ~4~ County Administrator Standish stated that Mr. Coates had previously been advised of the matter and that a speed study should already be underway. Mr. Coates commented he had received the correspondence and that he would look further into the matter. By motion of Supervisor Turner, the Board unanimously (4-0) adopted resolutions to take Bayview Drive and Mill Creek Lane into the secondary road system. // Mr. Crook requested an Executive Session for advice of counsel concerning actual litigation tender Sectfon 2.1-344 A,7. of the Freedom of Information Act. On motion of Chairman Bradby, the Board voted unanimously (4-0) to go into Executive Session. Upon the Board returning to open session, Supervisor Turner moved to adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, 2.1-344.1 of the code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 4 NAYS: 0 ABSENT DURING VOTE: Supervisor Bradshaw ABSENT DURING MEETING: Supervisor Bradshaw 1 ., 8~~'~ ~ i rhvf ~~ f 1 1 r~ ~'~~ ~ / r Clerk/S etary o Board o Supervisors // Chainaan Bradby called for a public hearing on the following ordinances: AN ORDINANCE TO AMEND THE PROVISIONS FOR BINGO GAMES AND RAFFLES IN THE ISLE OF WIGHT COUNTY CODE Mr. Alan Nogiec, Director of the Isle of Wight Recreational Facilities Authority stated there needs to be control for the County and this ordinance provides such control. He stated that the Recreational Facilities Authority supports the ordinance. Supervisor Turner moved the Board adopt the Ordinance to Amend the Provisions for Bingo Games and Raffles In the Isle of Wight County Code. The vote in favor was unanimous (4-0). // Chairman Bradby called for a public hearing on tha following musical/entertainment .festival requests: 1. The Request of the Windsor Band Boosters to hold an entertainment Festival, "Haunted Forest", on October 27, 28, and 29, 1989 on property owned by William Denison and Virginia Denison, located off Route 614 in Hardy Magisterial District. Virginia Denison stated that she is the land owner and represents the Band Boosters. No one appeared in opposition. Supervisor Turner moved for approval of The Request of the Windsor Band Boosters to hold an entertainment Festival, "Haunted Forest", on October 27, 28, and 29, 1989 on property owned by William and Virginia Denison, located off Route 614 in Hardy Magisterial District. The vote in favor was unanimous (4-0). 2. The Request of the Isle of Wight/Smithfield Chamber of Commerce to Hold a Music Festival, "Chamber Day", on October 11, 1989 at Morgart's Beach in Hardy Magisterial District. Fred Walls, a Director of the Chamber of Commerce Board, stated he was present to represent the Chamber and would respond to any questions by the Board. ~~ EO!'x ~~ ~~.;~440 No one appeared in opposition. On motion of Supervisor Ross, the Board moved to approve the request of the Isle of Wight/Smithfield Chamber of Commerce to hold a music festival, "Chamber Day', on October 11, 1989 at Morgart's Beach in Hardy Magisterial District. The vote in favor was unanimous (4-O). // Chairman Bradby called for a public hearing on the following rezoning applications: 1. The application of Robert F•. Ramsey, owner, and Florence Wells and Michael Edwards, prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, approximately one acre of land located on•the west side oP Route 637, between Routes 621 and 646, in Hardy Magisterial District. The purpose of the application is for the permanent location of a mobile home. Florence Wells a; that they were denied permanent location of they may build a home stated that there are also stated that none request. nd Michael Edwards appeared, commenting by the Planning Commission the the mobile home. They stated that on this property one day. Mr. Edwards other mobile homes in the area. He of the adjacent land owners oppose the Robert F. Ramsey, land owner, stated he sold the land to Florence Wells and Michael Edwards and also lives in the area. Supervisor Turner asked if this location was close to the peanut buying station. Mr. Ramsey replied, "within a half mile." Supervisor Ross asked County Attorney Crook if conditional rezoning would be appropriate or possibly a conditional use permit would better accommodate their needs. Mr. Crook replied that conditions could not be imposed, they must be agreed to by the applicants and requested by the applicants. Chairman Bradby moved for approval of the application for rezoning The motion was adopted by a vote of three to one (3-1) with Mr. Ross voting in opposition. 2. The application of Wayne G. Rowe for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-1, Conditional Mobile Home District, 3.671 acres of land located on the east side of Route 646, at the ~I u 1 1 It ~a~~ 14 ~-~.:~44~ 1 intersection of Routes 650 and 646 in Hardy Magisterial District. The purpose of the application is far a mobile home subdivision of no more than three lots, each containing a minimum area of 40,000 square feet. Wayne Rowe, applicant appearing, commented he was available for any questions from the Board. County Administrator Standish informed the Board that during the meeting a letter was presented from Margaret burden indicating her opposition to the rezoning. Supervisor Ross questioned whether this was the same application considered by the Planning Commission. Mr. Rowe stated that he filed an amended application because of comments received at the Planning Commission hearing indicating that the lots were too small for that community. Supervisor Ross moved that the amended application be referred to the Planning Commission for their input. The vote in favor was unanimous (4-0). 3. The application of Isle of Wight County for a change in zoning classification from A-2, Agricultural General, to R-A, Rural Residential, approximately two acres of land located on the west side of Route 10, at the intersection of Routes 10 and 624 in Hardy Magisterial District. The purpose of the application is to construct a fire department building and accessory uses. 1 Supervisor Ross asked for an update from Mr. Bradby in regard to training of the volunteers. Mr. Bradby stated that during the previous week classes were taken in Hazardous Materials and the night before members attended a Fire Fighter I Training course. No one appeared in opposition. Mr. Bradby moved that the application be approved. The vote in favor was unanimous (4-0). // Supervisor Edwards moved to change the order of the agenda to consider Old Business. The vote in favor was unanimous (4-O). County Administrator Standish advised that at the previous meeting of the Board he was directed to seek financial participation from the towns for rescue squad recruitment. He stated that Smithfield had declined, and that Windsor still had the matter under consideration. i I e aoe~ 14 ;h,;450 County Administrator Standish recommended this matter be deferred until the October 19, 1989 meeting. Joe Munford, Captain of the Isle of Wight County Rescue Squad appeared requesting assistance as soon as possible stating that they favored the proposal of County Administrator Standish. Supervisor Turner moved to table the item until the October 19, 1989 meeting. The vote in favor was unanimous 4-0) . // Chairman Bradby called for consideration of the following applications: 1. The application of Bailey Enterprises, Inc. for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, 30.5 acres of land located on the north side of Route 620, between Routes 258 and 655, in Newport Magisterial District. The purpose of the application is for no mare than 25 single family building lots. (Tabled August 17, 1989 and September 21, 1989) Rodham T. Delk, Jr., Attorney, appeared stating that he and Mr. Crook had met and reached an agreement on a document that satisfies concerns expressed at the last meeting by Mr. Crook. Mr. Crook recommended approval of the agreement to the Board if the Board chose to grant the zoning request. Supervisor Ross moved to approve the rezoning. Supervisors Ross and Turner voted in favor of the motion. Chairman Bradby and Supervisor Edwards voted against. Mr. Bradshaw was not present. County Attorney Crook advised the Board that Supervisor Bradshaw would have to have an opportunity to vote on the motion at the next Board meeting; therefore, the item should be continued until the October 19, 1989 meeting. 2. The application of Olde Towne Real Estate, Znc. for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-3, Conditional Townhouse Residential District, approximately 255 acres of land located on the east side of Route 704, between Route 704 and Jones Creek in Newport Magisterial District. The purpose of the application is for no more than 290 single family residences and community recreational facilities. (Tabled August 3, 1989, September 7, 1989 and September 21, 1989.) Rodham T.Delk, Jr., Attorney, appeared and advised that he met with Mr. Crook at the request of the Board and 1 u 1 ao~K ~4 ~~.:~ 4 ~~, revised the documents and prepared a waiver which needs to be approved by the Board. U Supervisor Edwards moved to approve the rezoning. The vote in Pavor was unanimous (4-0). 3. The application of Lotz Realty Company for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-A, Conditional Rural Residential, approximately 30 acres of land located on the north side of Route 620, between Routes 655 and 258, in Newport Magisterial District. The purpose of the application is for a single family dwelling subdivision of no more than 24 lots. (Tabled September 7, 1989) County Attorney Crook requested a five minute recess at 3:40 P.M. Supervisor Turner moved to recess. The vote in favor was unanimous (4-O). Chairman Bradby reconvened the meeting. at 3:45 P.M. County Attorney Crook advised the Board that the proffered conditions were not ready for consideration by the Board and the attorney for the applicant, A.L. Jones, is requesting the application be tabled for thirty days. Supervisor Ross moved to table this item until the November 2, 1989 meeting. The vote in favor was unanimous (4-O). On motion of Chairman Bradby, the regular agenda was continued by unanimous vote of the Board (4-0). 1 // Chairman Bradby called for the Community Development report. Mr. Caskey, Assistant County Administrator/Community Development appeared and presented the following: The request of R. L. Bowman to withdraw 256 acres from the designated Courthouse Agricultural Forestal District, located on the east side of Route 681 on the western edge of the district. The Planning Commission considered the request on its meeting of September 12, 1989, and recommended approval, stated Mr. Caskey. On motion of Supervisor Ross, the vote to approve the request was unanimous (4-0). i each ~~ ~,:~~45? 2. A request of Lynn Bell to construct a deck addition onto his existing residence located off of Routes 10 and 32 within the St. Lukes Historical Zone. Mr. Caskey advised that the Board of Zoning Appeals had approved the required variance for the addition and the County's Architectura~ Review Committee had recommended the application to the Board. On motion of Supervisor Turner, the vote to approve the request was unanimous (4-0). Mr. Caskey presented a sample sign for the Board's consideration for posting procedures .that he stated will be more visible and advised the new signs would be in place in January, 1990. // Chairman Bradby called for the report from the County Attorney: Mr. Crook stated he has a deed from Gatling Pointe for the well lot and the water system dedication which he has reviewed and recommends to the Board. On motion of Mr. Turner, the vote to approve the dedication was unanimous (4-0). Mr. Crook stated that he has prepared a resolution concerning the regional jail and request for the State to change the cost from 21 million to 22 million. County Administrator Standish explained that the increase from $21,000,000.00 to $22,000,000.00 is for construction management of the project. On motion of Supervisor Turner, the vote in favor to approve the resolution was unanimous (4-0). Mr. Crook advised that an amendment has been prepared for the motor vehicle section of the County code to adopt the State law changes. He requested authorization from the Board to advertise a public hearing for October 19, 1989. On motion by Supervisor Edwards, the vote to authorize the public hearing was unanimous (4-O) for the amendment of the motor vehicle section of the County Code. Chairman Bradby called for the County Administrator°s Report: County Administrator Standish stated the County was eligible for a grant for law enforcement radio communication 1 L J BOQ~ 14 %:,.:453 equipment and installation oP same in which the State will pay 88~ of the cost. [1 County Administrator Standish asked Captain Bowman who has been working on this project to speak. Captain Bowman stated that the 1989 legislative session approved $5.6 million for localities for grant funds to update their radio system they now have at the various police and sheriffs' organizations throughout the State. The primary emphasis is on the SIRS (Statewide Interdepartmental Radio System) capabilities throughout the State. This grant is for a request for a total`of twenty (2oj one hundred (100) watt mobile radios which would be utilized to equip the current fleet. which would enable them to contact directly car to car between sheriff's units and the State Police. On motion of Supervisor Turner, the vote to adopt the resolution was unanimous (4-O). Mr. Standish stated he received a letter from the Commissioner of Revenue relative to the loss of certain taxes due to changes in the State Code. 1 Mr. Gwaltney, Commissioner of Revenue, appearing stated that the General Assembly changed the taxation of daily rental items on anything less than 90 days. Examples include video tapes and construction equipment he stated. On business license tax, there is a 20 cent tax per hundred dollars on gross receipts and under the new law, they have been replaced at 12 cents, creating a loss of revenue of personal property tax roles as well as the business license tax. This will take effect January 1, 1990, stated Mr. Gwaltney. County Administrator Standish requested that the County Attorney be directed to draft the appropriate ordinance relative to the tax and schedule a public hearing for the Board of Supervisors. On motion of Supervisor Turner, the vote to authorize the County Attorney to draft an ordinance and advertise it for public hearing was unanimous (4-0). County Administrator Standish stated that the General Reassessment Board had been appointed and had met, and stated that Mr. Gwaltney had questioned what the Reassessment Board members would be compensated. Following discussion, Supervisor Ross moved to have the County Administrator research adequate compensation for the General Reassessment Board. The vote passed by unanimous vote (4-0). eocK 1~ rh.~~4~4 County Administrator Standish recommended supplementary budgetary allocation to the Recreational Facilities Authority for increased cost of Blue Cross/Blue Shield Employee Benefits who were advised after the adoption or the budget of the increase. On motion of Supervisor Ross, the Board voted unanimously to approve the allocation (4-0). Mr. William Riddick, of the Real Smithfield Jaycees, proposed the lease and renovation of the agricultural building at the old Smithfield High School to put it back into good use by the Jaycees. The renovation would include cleaning the building, repairing the glass, painting, repairing electrical system, installing heating and air-conditioning and installing all necessary electrical and plumbing, he stated. The building would be used for a community house and their meeting place. County Attorney Crook advised that the State Code requires advertising prior to lease of real property by the County. On the motion of Supervisor Turner, the vote to have such notice advertised was unanimous (4-O). County Administrator Standish advised that he had received notice that the County has been awarded a grant for $10,600.00 from the Coastal Resources Management Program for the development of a shoreline area management plan. He also stated the timing was appropriate and can be accomplished within the frame work of the comprehensive land use plan pursuant to the Chesapeake Bay regulations. On motion of Supervisor Turner, the Board voted unanimously to adopt a resolution to accept the funds (4-0). Mr. Standish announced he had a late item for discussion. He asked for the Board of Supervisors comments on a 1990 legislative package for the upcoming session of the General Assembly. He mentioned funding for off-site improvements by developers and the issue of distribution of state lottery fund proceeds to localities. County Administrator Standish stated that he would also recommend jail funding as a priority. Supervisor Ross requested that it be made as a priority list. County Administrator Standish reported there are three fundamental ways to address upcoming capital needs as follows: 1. Fund Balance L~ i~ i ., BOQN 14 ~~~~~45 ~ Mr. 2. Borrow From A Bank 3. Traditional Municipal Bond 1 County Administrator Standish suggested there were two things to consider: 1. The County Attorney could be authorized to make a recommendation on bond counseling. 2. Financial Consultant. // Supervisor Edwards requested that the County Administrator look into what type of approval was issued by the Board to the Windsor radio tower. County Administrator Standish reported that County staff had been advised of the problem and the Public Works Director has sent a letter to the FAA regarding the lights not working continuously and the FAA responded yesterday that they were in receipt of the letter and looking into the matter. The. Chairman called for Appointments: Supervisor Turner moved that W. C. Sawyer be appointed by the Board to replace Dusty Rhodes on the Tradesmen~s Certification Board. The motion was adopted by unanimous vote (4-0). 1 // The Board voted unanimously (4-0) to approve the September 21, 1989 minutes of the Board of Supervisors. // County Administrator Standish announced the departure of Kenneth Chandler, Assistant to the County Administrator, to be Administrative Services Manager in Hopewell, Virginia. It was noted that Mr. Chandler had performed his duties in an outstanding manner for the County. // At 4:50 PM, Supervisor Ross moved the meeting be adjourned, which passed unanimously. Hen~Bra~c. y, Chairman soeK ~4 F~~:45G Myles E S an sfi, Clerk 1 1