Loading...
11-15-1990 Regular Meeting•~ ` REGULAR MEETING OF THE 'ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF NOVEMBER LN THE YEAR NINETEEN HUNDRED NINETY 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 Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to. order at 2:10 P.M. The invocation was delivered by Supervisor Ross. // Chairman Bradby called for a public hearing on the following: Resolution of the Board of Supervisors of Isle of Wight County to Adopt a Comprehensive Plan W. Douglas Caskey, Assistant County Administrator/Community Development appeared stating a public hearing was previously held at the September 20, 1990 Board of Supervisors meeting at which time the County's consultant, Anthony Redman of Redman, Johnson and Associates presented an overview and briefing of the various:. components in the Plan. At that time, action was tabled to October 4, 1990 to allow a joint work session with the Planning Commission and as a result of that joint session, the Board authorized County .Attorney Crook to schedule a public hearing on November 15, 1990. Mr. Redman stated that in the six public hearings for the Plan, three issues had surfaced: population projections, disposition of rural agricultural conservation district and how some of the zoning rules may apply in that district and a final development service district.. of the northeastern configuration . . Mr. Redman began with the population projections stating the 1990 census had given the County some indication of preliminary census. • counts prior to -the adoption of the plan with an estimate of current County population at 24,985 and ending in the year 2010 with a projected population of 3.6,546; however, he further stated, should. these figures change, a change should also be made in the Comprehensive Plan. Mr. Redman continued explaining the. rural agricultural conservation district stating it encompassed over 70~ of the County's land area and is an area where a commitment on the part of the County to try to provide public services would be beyond. the financial capacity of the County and also where growth needs to be managed and. balanced against .the interest of property owners who reside and own real estate in these areas. Mr. Redman ended with the last issue, the northeastern development service • district, stating when the Board last met with the Planning Commissiari, a proposal was initiated to begin re-evaluating this area to look at opportunities for expanding the development district to include all areas around the Town of Smithfield and to look more closely at the Route 10 corridor because of the highway .capacity which would support development and where it was also feasible to extend HRSD sewer facilities into the County. ti Supervisor Edwards stated the proposal presented tonight was. not the proposal the Board acted on at the last meeting. Supervisor Turner stated the Board had discussed and it was recommended by County Attorney Crook to include the area north and west of Smithfield. Supervisor Turner. asked Mr. Redman to explain the new options brought before the Board tonight. 1 w ~~~r ~ 4 ~;; 7~~ Mr. Redman commented he thought the action taken by the Board at the last meeting"was to consider the new area proposed tonighte Chairman Bradby expressed concern about the importance of keeping citizens informed if they were to be included in a growth district. Mr. Redman stated the proposal was discussed with the Planning• Commission; however, he was not convinced it was discussed at a public hearing.. Supervisor Ross suggested some form of the three concepts be. advertised in the newspapers or possibly direct staff to have briefings for the public to see how their area w©uld be affected by these development service districts. Supervisor Turner stated it was important to hear the ideas of the, public; however, it was ultimately up to the Board to get professional advice and plan for the future. Chairman Bradby called for citizens to speak in favor of the Pian. None appeared. Chairman Bradby called for citizens to speak in opposition to the Plan. Carlton Butler of the Carrsville District urged the Board to reconsider the provisions of the Agricultural Preservation Districts stating he felt it would be a problem for citizens who own more than five acres because it would eliminate the privilege.. of selling just one or two acres. Supervisor Bradshaw stated it would help the farmers in that on a one hundred acres farm, the farmer could sell twenty lots .. without having to go through a rezoning. After the twentieth lot, the farmer would be required to rezone and that he .understood the family provision is State law and would not be affected. Supervisor Turner stated the Plan was only a concept and not etched in stone, but something which requires the Board to look at and try to envision what may happen in the future. Supervisor Turner added this concept was in keeping with the rural atmosphere of the County; however, it would not stop a future rezoning with a good plan that may not be in the proposed concept. Paul Wilson of the Longview area asked why maps .could not be made available to the public on what is being proposed. Steve Russell of the CarrsvilleDistrict commented that the Plan has changed over time and he felt the citizens had not had the opportunity to see the Plan.. Mr. Russell stated the Board needed the input of tine .public regarding the Plan and then use good judgement in adopting the Plan. Patty Fleming stated she thought the public did not understand the weight of the issue and urged the Board to print the map in-the. newspapers to allow the citizens to see the details. Evelyn Chandler stated the Planning Commission worked on the .Plan over eighteen months with public briefings in all areas of the County which were well advertised and urged the Board to .accept the Plan as presented to the Board.. County Attorney Crook- stated it has been suggested by Mr. Redman that the Board consider the neighborhood conservation district around. the Town of Smithfield and asked Mr. Redman to provide a draft text on what. that would entail because Mr. Crook 2 1 4~.~K 7.4~,:.7~1 understood it .would allow like development, i.e., past residential development would allow continued residential development. Mr. Crook advised that if this concept was advertised, a detailed explanation of what it is would be required. Mr. Redman stated he would send ordinance samples of how this district works to Mr. Crook. Chairman Bradby called .for comments by the. Board. Supervisor Edwards moved the Board table -the matter to the December 6, 1990 meeting and direct County Attorney Crook to review all the legal ramifications of the Plan and that. the three concepts of the Plan be advertised in the newspapers. The motion carried (4-ij with Supervisor Turner voting in opposition. ' // Chairman Bradby stated he ha,d a request to move Old Business up to the present point of the agenda. Supervisor Turner moved the Board move Old Business to the present point on the agenda. The motion. carried unanimously (5- O) . Then, at 8:20 P.M., Supervisor Turner moved the Board take a ten minute recess. The motion carried by unanimous vote (5-0). // At. 8:45 P.M., upon returning to open session, Chairman Bradby called for Old Business.. Proposed Chesapeake Bay Preservation .Area. Ordinance W. Douglas Caskey, Assistant .County Administrator/Community Development, stated a public hearing was held by the Board at their November 1, 1990 meeting and a presentation was made by Bryan David, Environmental Planner with the. Department of Community Development discussing and presenting an overview of the objectives and expectations of the ordinance as proposed. Mr. Caskey continued at that time the Board tabled action to the November 15, 1990 meeting. 1 Bryan David, Environmental Planner with. the bepartment of Community Development, stated he wanted to address some of the issues raised at the last .public hearing on the Chesapeake Bay Preservation Area Ordinance. Mr. David continued the Chesapeake .Bay Preservation Act was passed by the General Assembly in 1988 to protect and improve the water quality in the Chesapeake Bay and ity tributaries. For Isle of Wight County, this includes the James River and its tributaries with the intent and purpose of the Ac-L- to minimize the impact on non-point source pollution on water- quality which is caused when pollutants are carried by runoff from the land into surface waters or when pollutants percolate .down int•:~ the ground water. Mr. David continued point source water pollution .comes from identifiable sources such as. industrial outfalls o:: waste water treatment plants, .land development,. farming an3 timbering. He stated that non-point source pollution from farming and timberingactivities are covered by the State's Bay regulations, but this type of non-point source pollution is being addressed through other programs and administered by several State and Federal agencies; therefore, the regulation's primary focus is on land development. Mr. Bryan explained the County's proposed preservation area is divided into two parts consisting of the Resource Protection Area and the Resource Management Area and the purpose of the Resource Management Area was to ensure that sensitive lands were developed in away that protects water quality and the functional value of the Resource Protection Area and that development-can take. place there subject to certain development 3 ,; ~oeK 14ti;,r7~? standards which include minimizing land disturbance and using erosion and sediment controls during construction, minimizing the amount of impervious surfaces while still allowing the development of the project and controlling the. quality of storm water run off from these impervious surfaces, preserving natural vegetation to the greatest extent possible while still allowing development of the project and finally, minimizing the impact on water quality from septic system drainage. In summary, the resource management standards only apply to the construction phase of development and to the management of storm water run. off and septic system drainage once construction is completed. When delineating the Resource Management Area the State's regulations require the County to consider. the location and the extent of the sensitive land areas and must. be a large enough land area to include the sensitive lands which would. provide a significant level of water quality protection. Mr. David stated because of the foregoing criteria, the Planning Commission recommended a Resource Management Area based on the James River watershed which has been determined to be consistent with State regulations. Mr. David offered the following recommendation that the Board use a Resource Management Area that went to the watershed boundary; however, there could be a provision drafted called exemptions in Resource Management Areas where development in any lot or parcel within the Resource Management Area may be exempt from the ordinance provided that there is no Resource Protection Area located on that lot or parcel and a Resource. Management Area study which demonstrates the absence of Resource Management Area components anywhere on the lot or parcel is submitted and. approved by the Department of Community Development and the study is prepared by a soil scientist, a wetlands scientist, or an individual who is determined to be qualified by the Department of Community Development. Mr. David stated all final decisions concerning the Ordinance would rest with.: the Board of Supervisors, although the appeal process would first go before the Planning Commission who would make a recommendation and forward same to the Board of Supervisors. Supervisor Turner moved the Board adopt .the Proposed Chesapeake Bay Preservation Area Ordinance with the amendments to Sections #1002, 6003 and 6005 as presented by County Attorney Crook and Mr. David. The motion carried (4-0-i) with Supervisor Bradshaw abstaining. // Chairman Bradby called for Citizens Comments. Theresa Weaver of Windsor spoke. regarding the school construction issue stating she agreed with the School Board's decision for construction of an elementary school in the Carrollton area and a high school in the Windsor area. _Ms. Weaver stilted that crowding at Windsor Elementary School has become more serious resulting in two additional mobile classrooms being purchased, bringing the total to thirteen mobile classrooms in use with Hardy Elementary enrollment topping 950 students and the County was looking at approximately a 40$ population growth over the next twenty years. Mr. Walker appeared regarding the school construction issue stating that he did not feel the School Board was qualified to make the decision on where to build the schools.. // Chairman Bradby called for the Community Development report. i W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following application: The application of William and Frieda Wood to temporarily 4 'I t 1 1 1 occupy a mobile home, while their residence is being constructed due to a fire, on 10 acres. of land located on the north side of Route. 603. Mr. Caskey stated the application was tabled by the Planning Commission at their November 13, 1990 meeting and requested the Board of Supervisors to similarly table the application. Supervisor Turner moved the Board table the application. of William and Frieda Wood. .The motion passed by unanimous vote {5- 0) . Mr. Caskey stated at the Planning Commission's meeting of November 13, 1990 an application was presented on behalf of Isle of Wight County to rezone the Poor House -Farm. Mr. Caskey continued the Planning Commission expressed concerns relative to activities and use placed on the property and requested the County to re-submit the application to be structured as a conditional rezoning application specifying certain proffers and conditions applicable to the site. Donald Robertson, Assistant to the County Administrator, presented a proposal which would be forwarded to the Planning Commission concerning specific information as to what the Board is requesting on behalf of the County. County Attorney Crook stated that the Planning Commission felt the Board should seek conditional zoning limited to whatever use is being proposed rather than the straight B-1 zoning primarily due to their concern for the residences located across the secondary road from the .property. County Administrator Standish replied there are ten residences on the other side of Route 692 and a proposed buffering would be established to accommodate the noise. Supervisor Edwards asked when the County proposed to build the maintenance facility. County Administrator Standish replied that the Board. had appropriated money for a maintenance facility in the last and current year budgets. Depending on the final bids, the funds could accommodate a pre-engineered building and fence, with buffering. The fueling facility would follow within future budgets depending on the cost and Board approval. The nursery would be at no cost, but would allow the County to grow its own trees and shrubs as opposed to buying them, and the storage facility would be for future storage of supplies, etc. Supervisor Turner-moved the proposa_1 as presented by Donald Robertson be forwarded to the Planning Commission as a conditional zoning. The motion carried (4-i) with Supervisor. Edwards voting in opposition and the other members voting in favor. // Chairman Bradby called for the County Attorney's. report. County Attorney Crook reported he had nothing for discussion. Supervisor Edwards asked about the utility tax. County Attorney Crook stated the problem under the County's Ordinance, which was pursuant to State. law, is that the utility companies collect $1.50 per residence for the County and have been collecting additions l sums for garages and wells which. are separately metered. County Attorney Crook continued the Ordinance specifically states that only the $1..5.0 can be collected and that he had written a letter to the utility companies requesting that they review their billing practices. 5 ,. f I • ~ ' } e~oK 14 ~~~~7~~ // Chairman Bradby called for the County Administrator's report. County Administrator Standish reported he had received a letter from the Commissioner of the Revenue relative to the Board of Equalization extending .the cut off date of December 31, 1990 to enable them to hear all appeals. Gerald Gwaltney, Commissioner of the Revenue, stated he was asked by the Board of Equalization to report to the Board. that they have a number of citizens requesting to be heard by the Equalization Board. Mr. Gwaltney continued the Board of Equalization's term expires on December 31, 1990 and they do not feel they will be able to hear all the appeals by that date. County Attorney Crook advised that the statutes do not provide for an additional. amount of time and the Board did not have the authority to extend the December 31, 1990 expiration date. County Attorney Crook added it was controlled by State law and under the authority of the Courts and that he had so advised the Chairman of the Equalization Board. County Administrator Standish stated the County had received an inquiry from a private consulting firm representing the Virginia Department of Corrections who wished to evaluate potential sites. for State correctional facilities. Supervisor Edwards moved the County Administrator respond that there were no favorable sites in the County. The motion passed by unanimous vote (5-O). Supervisor Turner -moved the Board adopt the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE QUILLENS POINT LANE (EXTENDED) AND FLEETNEY CIRCLE INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department. of Transportation has this day advised this Board that streets in Manx Estates, Hardy District, Isle of Wight, 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. NOW, 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 Manx Estates Subdivision. 1. Quillens Point Lane (Extended): Beginning at a point on Quillens Point Lane 0.21 miles from its intersection with State Route 677; thence continuing in a westerly direction 0.06 miles to a turnaround. Length: 0.06 miles Right of way: 50 feet Total length: 0.06 miles 2. Fleetney Circle: Beginning at a point on Quillens Point Lane 0.26 miles from its intersection with State Route 677; thence running in a southwesterly direction 0.12 miles to a cul-de-sac. Length: 0.12 miles Right of way: 50 feet 6 C 1 Total length: 0.12 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 easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Book No. 13, Page 351,-dated June 10, 1988 and is guaranteed. The motion to adopt said resolution passed by unanimous vote (5-0). Supervisor Turner moved the .Board adopt the following resolution: A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND INCLUDE QUILLENS POINT LANE, SCHOONER CIRCLE AND CHRISFIELD CIRCLE INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Winfall Estates, Hardy District, Isle of Wight, 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. NOW, 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 Winfall Estates Subdivision. 1. Quillens Point Lane: Beginning at a point on State Route 677, 0.70 miles north of its intersection with State Route 626; thence. running in a westerly direction. 0.21 miles to a turn around. Length: 0.21 miles Right. of way: 50 feet Total length: 0.21 miles 2. Schooner Circle: Beginning at a point on Quillens Point Lane 0.11 miles from its intersection with State Route 677; thence running in a southerly direction 0.07 miles to a cul-de-sac. Length: 0.07 miles Right of way: 50 feet ..Total length: 0.07 miles 3. Chrisfield Circle r Beginning at a point on Quillens -Point Lane 0.18 miles from its intersection with- State Route 677; .thence running in a southerly direction 0.12 miles to a cul-de-sac. ~7 Length: 0.12 miles Right of way: 50 feet Total length: 0.12 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 easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Book No. 13, Page 341, dated. May 18, 1988 and is guaranteed. The motion to adopt said resolution passed by unanimous vote (5-O). Supervisor Turner moved the Board adopt the following resolution: 7 s _ - ~aoK ~_4 ~~c: r RESOLUTION TO APPROPRIATE FORTY-FOUR THOUSAND FOUR HUNDRED TWO DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER II .PROGRAM WHEREAS, the School Board of the County of Isle of Wight has received a grant for the Chapter II Program; and WHEREAS, the funds. in the amount of forty-four thousand four hundred two dollars ($44,402) need. to be appropriated to the School grant fund in the 1990-91 budget of the County of .Isle of Wight, Virginia. NOW, THEREFORE,- BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that forty-four thousand four hundred two dollars ($44,402) be appropriated to line item Chapter II .Program in the 1990-91 budget of the County of Isle of Wight, Virginia. 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 things necessary to give .this resolution. effect. The motion to adopt said resolution passed by unanimous vote (5-0) County Administrator Standish stated he had received a request from the Windsor Town Mayor that the Board of Supervisors meet with the Windsor Town Council to discuss the proposed fire station for the Town of Windsor. Supervisor Edwards moved the Board request County Administrator Standish to invite the Windsor Town Council to the December 20, 1990 meeting of the Board. The motion carried by unanimous vote (5-0). /~ Chairman Bradby called for New Business. Supervisor Turner stated that the amendment to underground utilities was advertised for the December. 6, 1990 meeting of the Board and requested County Administrator Standish to send a letter to the power companies reaffirming that a public hearing on same would occur at the December 6, 1990 meeting of the Board. // Chairman Bradby called for Old Business County Attorney Crook stated he had an amendment to the contract for the Durrant Group and requested the Board to authorize Chairman Bradby to sign on behalf of the County. County Attorney Crook added he recommended the amendment as to form. Supervisor Ross moved the Board approve the contract and authorize Chairman Bradby to sign on behalf of the County. The motion passed by unanimous vote (5-0). County Attorney Crook stated at the October 18,.199,0 meeting of the Board there was concern expressed by Supervisor Bradshaw that the Circuit Court Judges had not appointed the recommendation of the Board of .Supervisors of a person from the Carrsville Election District to the Electoral Board. County Attorney Crook continued the. person appointed by the Judge was a person recommended to the Circuit Court Judges by the Republican Party of Isle of Wight County and by statute the Judges-have to consider the recommendation of the Party. County Attorney Crook clarified that it was not a geographical-representation, it was a political party D 1 1 8 1 'J 1 ~ -- ~~~~ _4 ~~.:~ ~ ~7 representation with the .prevailing political.. party having two members and the other party having one member. // Chairman Bradby called for Appointments. Supervisor Turner nominated Thomas L. Ross for reappointment to the Southeastern Public Service Authority. The motion passed by unanimous vote (5-0j. Supervisor .Turner nominated Myles E. Standish for 'reappointment to the Southeastern Public Service Authority.. The .motion passed by unanimous vote (5-Oj. - Supervisor Ross nominated Henry Fail for reappointment to STOP. The motion passed by unanimous vote (5-Oj. ~/ Chairman Bradby called for approval of the October 18, 1990 minutes. .Supervisor Edwards moved the. Board approve the October 18, 1990 minutes of the Board of Supervisors. The motion .passed by unanimous vote (5-0j. .~~ At 10:00 P.M., Supervisor Ross moved the Board adjourn. The motion passed by unanimous vote (5-0). ~Nenry H. Bradby, Chairman t~~ ~~s Myles ~E Standish, Clerk 1 V j ti 9 w