Loading...
03-15-1990 Regular Meeting1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF MARCH IN THE YEAR NINETEEN HUNDRED NINETY PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven 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 Carey Mills, Assistant Clerk The Chairman called the meeting to order at 7:00 P.M. The invocation was given by Supervisor Edwards. // The Chairman called for a public hearing on the following ordinance: a. An Ordinance to Provide Exemptions from Taxation of Certain Personal Property for Physically Handicapped Individuals, Volunteer Rescue Squad or Volunteer Fire Department Members No one appeared in favor or in opposition. County Attorney Crook suggested the County make the ordinance effective the ensuing tax year. Supervisor Turner moved the Board adopt the following "Ordinance To Provide Exemptions from Taxation of Certain Personal Property for Physically Handicapped Individuals, Volunteer Rescue Squad or Volunteer Fire Department Members" effective the next tax year. AN ORDINANCE TO PROVIDE EXEMPTIONS FROM TAXATION OF CERTAIN PERSONAL FROPERTY FOR PHYSICALLY HANDICAPPED INDIVIDUALS, VOLUNTEER RESCUE SQUAD OR VOLUNTEER FIRE DEPARTMENT MEMBERS WHEREAS, the General Assembly of Virginia by Acts embodied in Section 58.1-3506 of the Code of Virginia has provided that the governing body of 'any county, city or town may, by ordinance, provide for the exemption from taxatYOn of certain tangible personal property for physically handicapped individuals, members of volunteer rescue ,squads or members of volunteer fire departments; and WHEREAS, the Board of Supervisors "of Isle of Wight County, Virginia, deems it to be in the best interests of the taxpayers of Isle of Wight. County to provide for exemption from taxation of certain tangible personal property for physically handicapped individuals, members of volunteer rescue squads. and members of volunteer fire departments within the County. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Section 58.1-3506 of the Code of Virginia of 1950, as amended, that the following tangible personal property is exempt from the tangible personal property tax levies of the Board of Supervisors of the County of Isle of Wight, Virginia: 1. Motor vehicles specially equipped to provide transportation for physically handicapped individuals who reside ao~K 14 ~a.:~~~ ~: 2 in the County of Isle of Wight, Virginia. 2. Motor vehicles owned by members of volunteer rescue squads or members of volunteer fire departments who reside in the County of Isle of Wight, Virginia, and whose volunteer rescue squad or volunteer fire department is located in the County of Isle of Wight, Virginia. This exemption is limited to one motor vehicle which is regularly used by each volunteer rescue squad member or volunteer fire department member to respond to calls and provided that said volunteer shall furnish the Commissioner of Revenue with a certification by the chief or head of the volunteer organization in January of each year that said volunteer is a member of the volunteer rescue squad or fire department who regularly responds to calls or regularly performs other duties for the rescue squad or fire department, and the motor vehicle is identified as regularly used for such purpose. The motion passed by unanimous vote (5-0). The Chairman called for a public hearing on the following applications• 1. The application of Elizabeth W. Powell, et al for a change in zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, approximately five (5) acres of land located on the south side of Route 619, between Route 258 and Route 64.1, in Windsor Magisterial District. The purpose of the application is for no more than three (3) residential lots. Chairman Bradby asked for persons in favor of the application. Ms. Carlene Eckels spoke in favor of the application stating that her mother, brother, sister, and herself bought the land together to subdivide among .the three children in order for them to build their residences. Chairman Bradby asked for persons to speak in opposition to the application. None appeared. Chairman Bradby asked for comments by Board members. Supervisor Turner moved to approve the application of Elizabeth W. Powell, et al for a change in zoning classification. The vote in favor was unanimous (5-0). 2. The application of Milton V. Bailey, Jr., owner and Miller R. Wilson, prospective owner, for a change in zoning classification from A-2, Agricultural General to Conditional B-1, Conditional Business General, .32 acre of land located on the south side of Routes 32 & 258, between Route 665 and Route 10 & 32, in Newport Magisterial District. The purpose of the application is fcr general retail sales of sporting goods, hunting and fishing supplies, clothing and equipment. Chairman Bradby asked for persons in favor of the application. None appeared. Chairman Bradby asked for persons to speak in opposition to the application. Paul L. Newton of Route 1, Box 15, Carrollton, spoke in opposition to the application stating he lived across the road from the building and he wanted to make the Board aware that guns would be sold at the location. Chairman Bradby asked for comments by Board members. BOCK ~4 /w:.~t~,) 3 1 Supervisor Turner moved to deny the application of Milton V. Bailey, Jr., owner and Miller R. Wilson, prospective owner, for a change in zoning classification. The vote in-favor was. unanimous (5-0) . 3. The application of Benns Church Properties for a change in zoning classification from A-1, Agricultural Limited to Conditional B-1, Conditional Business General, approximately 2.5 acres of land located on the west side of Routes 10 & 32 at its intersection with Routes 32 & 258, Newport Magisterial District. The purpose of the application is for machinery sales and service and sales and' service of motor vehicles by Smithfield Implement Company. - Supervisor Turner stated he was an owner in Benns Church Properties and would not vote or participate in discussion with the Board. Chairman Bradby asked for persons in favor of the application. None appeared. Chairman Bradby asked for persons to speak in opposition to the application. None appeared. Chairman Bradby asked for comments by Board members. Chairman Bradby moved to approve the application of Benns Church Properties for a change in zoning classification as requested. The vote in favor was unanimous (4-0). // Chairman Bradby called for Citizens Comments. Bob Kennerley of 2 Riverpoint Trail, Carrollton addressed the Board regarding the Kings Colony issue. Mr. Kennerley stated his commitment to see that this development does not take place remains intact. 1 Herman Jones of Route 665 spoke in opposition to the Kings Colony project. Brenda Lee, Route 665, Box 39, Carrollton spoke in opposition to the Kings Colony project. Bill Barrett thanked the Board for adopting the ordinance to exempt motor vehicles of physically handicapped, volunteer rescue squad and volunteer fire department members. Dennis Rose, Route 2, Box 202, Carrollton spoke in opposition to the Kings Colony project. Marie Bailey, Route 2, Box 186, Carrollton spoke in opposition to the Kings Colony project. Grace Keen advised the Board that the Treasurer has informed her that Isle of Wight County has $650,000 in delinquent taxes and asked the Board to check into these delinquent taxes. County Attorney Crook advised the Board that several hundred thousand dollars in taxes were collected by him several years ago and that the Treasurer had .done quite a bit in collecting delinquent taxes since then, but some were uncollectible because they were personal property taxes and the people had moved. County Attorney Crook further stated that he was surprised. that the delinquent taxes were that high because the Treasurer has been ~06K ~~ rti;'c~')~~ 4 collecting taxes since he ran for office on a campaign that he was going to collect delinquent taxes and eliminate attorney fees. Grace Keen stated the Treasurer needed more help from the Sheriff's Department and the County in collecting delinquent taxes. Supervisor Turner suggested that the Treasurer either come before the Board if he has any problems or submit a report to recommend what direction he would like to take the coming year for obtaining delinquent taxes. William Riddick asked for the Board's consideration in revising the zoning ordinance to allow For-Sale signs to be consistent in the set-back for all zoning districts. County Attorney Crook advised the Board that W. Douglas Caskey, Assistant County Administrator/Community Development has spoken with County Attorney Crook about it and it has been looked into. County Attorney Crook further advised that there are differences in the zoning districts. Most zones allow For-Sale signs at the property line; however, some districts do not and there is no basis that he can see for not having them all the same. Supervisor Turner moved to have County Attorney Crook prepare an amendment to the zoning ordinance which will allow For-Sale signs to be consistent in set-back for all zoning districts, The vote in favor was unanimous (5-Oj. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development reminded the Board that at the March 1, 1990 meeting he was requested to develop appropriate language in amending the County's subdivision ordinance which would specify specific paving requirements far certain subdivision streets in certain residential zoning districts. Mr. Caskey further presented a proposed amendment which was shared with Mr, Coates of the Virginia Department of Transportation and stated it was Mr. Coates' opinion that it meets the objective that the County is trying to accomplish. County Attorney Crook advised that the changes in the subdivision ordinance were in the last sentence in the next to the last paragraph and in the last paragraph of the page. Mr. Crook further advised that a few changes were needed in the proposed amended ordinance which he would take care of if the Board wanted to proceed with advertising for a public hearing. Supervisor Turner moved to advertise the amendment for the subdivision ordinance. The vote was unanimous of those members present (4-0). Supervisor Edwards was not present. Mr. Caskey asked for the Board's consideration in submitting Isle of Wight County's proposal for FY 1990 to the Council on the Environment from the Virginia Coastal Resources Management Program grant. Supervisor Turner moved to submit the application to the Council on the Environment from the Virginia Coastal Resources Management Program grant. The vote in favor was unanimous (5-Oj. Chairman Bradby called for the County Attorney's report. County Attorney Crook advised the Board that he had mapped out thy: schedule for public hearings for the School Board budget and '' ~ ~ °~ ~-~.t~c ^t,- ~rhich he had forwarded to the Board earlier which _.::.~~:::- the tax levy ordinance, and dates for Board meetings ,,.;u: a=ire in accordance with the time notices of the statutes. a~~K' ~.4.~~:~5:3? 5 County Attorney Crook further advised that the School Board had their public hearing this week with one final work session scheduled for March 23, 1990 at 5:00 P.M. at which time, the School Board will adopt a budget with whatever changes needed to be made and it will be ready to be advertised for public hearing for the Board of Supervisors on March 26, 1990 which would enable the Board of Supervisors to have their public hearing on April 5,.1990 and then be able to act on the budget at the Board's regular night meeting of April 19, 1990. County Attorney Crook stated he had originally proposed a schedule for the Board to receive the School Board budget at the Board of Supervisor's meeting of April 5, 1990 and advertise for a public hearing on April 19, 1990 with a special meeting being held on April 26, 1990. County Attorney Crook further stated the Board of Supervisors could eliminate the special meeting by authorizing the publication for public hearing for April 5, 1990 assuming that the School Board budget is received by March 26, 1990. Supervisor Ross moved to authorize County Attorney Crook to publish notice for a public hearing for April 5, 1990 contingent upon the budget .being received from the School Board on March 26, 1990. County Attorney Crook recommended the Board approve submission of an application to the State relative to a loan to the School Board from the Literary Fund of Virginia in the amount of $174,000 at 4$ interest payable over 20 years for the School Board's. share for improvements that need to be made to P. D. Pruden. Supervisor Turner moved to .approve .submission of an application to the State for a loan to the `School Board from the Literary Fund of Virginia in the amount of $174,000 as requested. The vote in favor was unanimous (5-0). // Chairman Bradby called for the County Administrator's report. County Administrator` Standish asked for the Board's consideration of a resolution appropriating $209,200 as the County's .third contribution ~o the cost of the Western Tidewater Regional Jail project. Supervisor Ross moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO HUNDRED NINE THOUSAND TWO HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF 'THE GENERAL FUND FOR THE WESTERN TIDEWATER-REGIONAL JAIL WHEREAS, the. Board of Supervisors of the County of Isle of Wight, Virginia, has approved the construction of the Western Tidewater Regional Jail; and WHEREAS, the funds in the amount of two hundred nine thousand two hundred dollars ($209,200) need to be appropriated from the unappropriated .fund balance to the Western Tidewater Regional Jail, construction line item in the 1989-90 budget of the County of Isle of Wight. PLOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that two hundred nine thousand .two hundred dollars ($209,200) from the unappropriated fund balance be appropriated to line item 14-3302E- 7016A, Western Tidewater Regional Jail, construction in the 1989- 90 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia, is authorized to make the appropriate accounting adjustments in the budget and to do all the ~o~~ ~.4 r::~~3 6 things necessary to give this resolution effect. The motion to adopt said resolution passed by unanimous vote (5-O) . County Administrator Standish informed the Board that the County is eligible to receive reimbursement from the Commonwealth of Virginia for the "One For Life" program and asked for the Board's consideration in adopting a resolution that would appropriate $4,892 to the Isle of Wight and Windsor rescue squads to be equally divided between them and to accept $4,892 reimbursement from the Commonwealth of Virginia. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FOUR THOUSAND EIGHT HUNDRED NINETY-TWO DOLLARS ($4,892) FROM THE COMMONWEALTH OF VIRGINIA FOR THE ONE FOR LIFE PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has been awarded reimbursement from the Commonwealth of Virginia for the One For Life Program during the fiscal year 1988-89, and WHEREAS, funds in the amount of Four Thousand Eight Hundred Ninety-two Dollars ($4,892) are needed to be appropriated to the Isle of Wight Rescue Squad and Windsor Rescue Squad, line items in the 1989-90 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Four Thousand Eight Hundred Ninety-two Dollars ($4,892) be appropriated to line items 11-3203-5605A, Isle of Wight Rescue Squad ($2,446) an3 11-3203-5605B Windsor Rescue Squad ($2,446) in the 1989-90 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED, that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this program and to do all the things necessary to give this resolution effect. The motion to adopt the resolution passed by unanimous vote (5-0). County Administrator Standish asked for the Board's consideration in adopting a resolution outlining the County's priorities for the allocation of State "Primary" funding for road projects. Supervisor Bradshaw moved the Board adopt' the following resolution: RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA FOR THE 1990 VIRGINIA DEPARTMENT OF TRANSPORTATION PRE-ALLOCATION HEARING WHEREAS, the Virginia Department of Transportation will conduct a pre-allocation hearing for interstate, primary and urban system projects for the Suffolk District on March 27, 1990 and WHEREAS, the Board of Supervisors of Isle of Wight County expresses its appreciation to the Virginia Department of Transportation for the opportunity to articulate transportation improvement priorities within the County; and WHEREAS, Isle of Wight County wishes to make specific recommendations for transportation improvement projects to be listed on the proposed Six Year Improvement Pro ram g BOnK ~~ ~i.~~r~3J NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Isle of Wight County that the following projects are considered transportation improvement priorities in the County: 11 1. Construction of parallel bridge span and approaches on the Route 17 crossing over Chuckatuck Creek. 2. Route 58 Franklin By-pass connector. 3. Realignment and four lane Route 258, between Route 10 and Route 460. 4. Four lane Route 10 Smithfield By-pass. 5. Construct right turn lane on Route 258 at intersection with Route l0 Bypass. BE IT FURTHER RESOLVED, that the Board of Supervisors direct the County. Administrator to forward a copy of this resolution to the Virginia Department of Transportation. for inclusion in the record of the 1990 pre-allocation hearing and for adoption of the Six Year Improvement Program for the Commonwealth of Virginia, The motion adapting said resolution passed by unanimous vote (5-O). County Administrator Standish presented an agreement between the Virginia Department of Agriculture & Consumer-Services and Isle of Wight County, Virginia for the 1990 Cooperative Gypsy Moth Suppression Program. Supervisor Bradshaw moved the Board approve the following agreement AGREEMENT BETWEEN THE VIRGINIA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES AND ISLE OF WIGHT COUNTY, VIRGINIA FOR THE 1990 COOPERATIVE GYPSY MOTH SUPPRESSION PROGRAM This agreement is between the Virginia Department of Agriculture and Consumer Services:, hereinafter referred to as the Department and the County of Isle of Wight for the purpose of providing a cooperative gypsy moth suppression program in the said County, hereinafter referred to as the locality. In consideration of the promises and mutual covenants herein obtained, the parties do hereby agree as follows: A. The Department agrees to cost share with the locality, as provided in Section B, on the services and/or supplies listed on proposal forms submitted by the locality and approved by the Department. B. The cost share formula shall be 50% locality, 50% state. C. A billing statement listing cost or services or supplies will be sent to the locality by April 15, 1990. Payment on the billing statement is due from the locality within 30 days of the billing date. Payment must be made directly to VDACS at P. O. Box 526, Richmond, Virginia 23204. D. Materials supplied by the Department will be delivered in a timely manner on a date suitable to both ,parties. E. Before exceeding estimated cost, both parties must agree in writing to the change, a BflflK ~~ rc::'S~L~ 8 F. Both parties agree to the agency responsibilities as outlined in the Guidelines for Cooperative Gypsy Moth Suppression Program published by the Virginia Department of Agriculture and Consumer Service and dated September 28, 1985. G. All terms hereby agreed to in this contract shall not exceed a time duration of six and one half months beginning March 15, 1990 and terminating on September 30, 1990. This agreement shall be effective immediately after signed by all parties., The motion to approve said agreement passed by unanimous vote of the Board (5-0). County Administrator Standish asked for the Board's consideration of a resolution from the Virginia Department of Transportation requesting East Bryon Drive and Melissa Drive be taken into the State system. Supervisor Edwards moved the Board adopt the following resolution: WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Smithfield Heights Section III, Newport Magisterial District, Isle of iaight County, Virginia, have been built in accordance with Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described streets in Smithfield Heights Section III Subdivision: 1. East Bryon Drive: Beginning at a point on Melissa Drive, 0.31 miles northeast of its intersection with State Route 1210; thence running in easterly direction 0.10 miles to a cul-de-sac. Length: 0.10 miles Right of way: 50 feet Total length: 0.10 miles 2. Melissa Drive, Extended, Route 1211: Beginning at a point on existing State Route 1211, which is~0.24 miles from its intersection with State Route 1210; thence running in a northeasterly direction 0.17 miles to cul- de-sac. Length: 0.17 miles Right of way: 50 feet Total length: 0.17 miles Unrestricted rights of way fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easement have been provided and are on record in the Office of the Clerk of the Circuit Court at Zsle of Wight County in Plat Book 7, Page 5, dated April 30, 1975 an is guaranteed. The motion to adopt said resolution passed by unanimous vote (5-0). County Administrator Standish reported to the Board that all aonr ~4.~~;~~41 9 of the County's insurance policies expire June 30, 1990 and recommended authorizing execution of a contract with Rosenthal Insurance Consulting, Inc. at a cost not to :exceed $2,000 to evaluate the County's insurance needs. 1 Supervisor Bradshaw moved the Board approve and authorize execution of a contract with Rosenthal Insurance Consulting, Inc. at a cost not to exceed $2,000 to evaluate the County's insurance needs. The motion to approve said action passed by unanimous vote of the Board (5-0). `~ County Administrator Standish asked Dr. Al Rogers to give the Board an update on Paul D. Camp Community College and its new Smithfield site. Dr. Al Rogers reported to the Board on Paul D. Camp Community College and its new Smithfield site. Dr. Rogers stated that the second floor of the new Isle of Wight/Smithfield Library has been designated as classrooms which are urgently needed but that they are in need of renovation which will require funds for an architectural study and the renovation. Dr. Rogers further stated that due to the State's cutbacks, Paul D. Camp Community College does not have the money needed for this purpose at this time but hopes the County can find a way to work out a plan with Paul D. Camp Community College in order that the use of these classrooms will be available for the Smithfield students. L'~ County Administrator Standish suggested the Board may wish to entertain a long term lease agreement with Paul D. Camp Community College which would reimburse the County for the cost of renovating the second floor. County Administrator Standish informed the Board that the architect who provided the architectural services on the library had indicated he would prepare a report for the Baard's consideration at a nominal cost of approximately $500.00. .Supervisor Ross moved the Board authorize County Administrator Standish to secure the services of an architect not to exceed $500 to prepare a report for the Board°s consideration. The vote in favor was unanimous (5°0). // Chairman Bradby called. for New. Business. No one appeared. // Chairman Bradby called for Old Business. No one appeared. /./ Chairman Bradby called for Appointments. 1 Chairman Bradby nominated Phyllis Bloxton to replace Lottie Little who had resigned from the Planning Commission due to health reasons and requested a resolution be sent to Mrs. Little for her service on the Planning Commission. The vote in favor was unanimous (5-O). // Supervisor Turner moved the Board approve the February 15, 1990 minutes of the Board of Supervisors. The motion passed by unanimous vote (5-0). 80x1' ~~ •r.,;°~~ 10 // County Attorney Crook requested an Executive Session for consultation with legal counsel under Section 2.1-344 A.7. concerning pending litigation, specifically Keusal versus Isle of Wight County. Supervisor Edwards moved the Board go into Executive Session for the reasons stated by County Attorney Crook. The vote in favor was unanimous (5-0). Upon the Board returning to open session, Supervisor Bradshaw moved the adoption of 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: 5 NAXS: 0 ABSENT DURING VOTE: 0 ASSENT DURING MEETING: 0 At 9:00 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-O). _ ~ _ /"~- Myles Standish, Clerk °%~~~~~ ~nr~H rB" adby, Chairman