12-06-1990 Regular Meetinge~~x ~.4 %~e:7~~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SIXTH DAY OF DECEMBER 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 H. Mills, .Assistant Clerk
Chairman Bradby called the meeting to•order at 2:03 P.M. The
invocation was delivered by Supervisor Bradshaw.
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Chairman Bradby called for Transportation Matters..
MacFarland Neblett, Resident Engineer., Virginia Department of
Transportation, stated Lee Moore,. Maintenance Manager for the
Virginia Department of Transportation, passed away. Mr. Neblett
further stated the road project at Route 646 had been completed and
the Route 665 project would be advertised this month. Mr. Neblett
stated the Route 26o connector project near Franklin would cost
between $1.3 and $2 million dollars.
.County Administrator Standish asked if the funds had been
allocated to under. take the project over a multi-year period and
had these funds been reallocated to another project?
Mr. Neblett stated the funds were still available to be
allocated and the Board of Supervisors could write the District
Engineer requesting him not to allocate the funds to other
priorities while it remains under design.
Chairman Bradby called for comments by the Board.
Supervisor Bradshaw stated there was a problem with drainage
on the Billy Fae Rose property and asked Mr. Neblett to look into
the matter.
Mr. Neblett replied he would call her.
Supervisor Edwards stated the road sign on Route 258 was
printed Iron Mine Road and should be corrected to read Iron Mine
Springs Road.
County Administrator Standish reported that a replacement sign
is being ordered. "
.Chairman Bradby called for citizens with highway matters.
David Hardy, Hardy District, stated a stop sign needed to be
installed at the end of the Waterworks Road leading into Route 627.
Jacque Myers, Myers Landing Subdivision, .appeared stating he
had met with representatives of the .County and the .Virginia
Department of Transportation concerning complications with a
drainage ditch outside of the Myers Landing Subdivision. .Mr. Myers
continued that it was recently discovered that the contractor had
dug the drainage on the outside of the. right of way and he was
willing to recover the ditch and- was agreeable to .the option
offered by the Virginia Department of Transportation of a catch
basin at the end of the cul-de-sac.
Mr. Neblett stated he had. met .with. Mr. Myers and it -was
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determined that the ditch had been dug outside the platted easement
and was not in conformance with the plans. Mr. Neblett stated he
had offered two proposals to Mr. Myers: put pipe in the ditch and.
fill it in, or ultimately, a retention type basin.. Mr. Neblett
stated this may take sometime as Mr. Myer's engineer would need
to work up a design for the retention basin and submit it for
review.
W. Douglas Caskey, Assistant County Administrator/Community
Development stated-his department had been advised by the surety
holder that the bond is still valid.
County Attorney Crook stated a letter needed to be sent to the
bond company to .obtain written confirmation that the bond is still
in effect.
Supervisor Turner stated that an extension of time needed to
be granted to accomplish what has been brought before the Board
today.
Supervisor Turner moved that the period of time be extended
from December 13, 1990 to March 13, 1991 with the stipulation that
the .bonding company verify that-the bond is still in effect. The
motion passed by unanimous vote. (5-O).
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Chairman Bradby called for a public hearing on the Isle of
Wight County Comprehensive Plan.
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Anthony Redman of Johnson Redman Associates appeared stating
the County was close to a Comprehensive Plan with ane exception.
Mr. Redman continued the area around Smithfield and its
relationship to .Suffolk and Newport. News is an issue yet to be
resolved and when an area is designated as a development district,
it means a commitment is made to provide services, to this district
which suggests the County .will need to make a large commitment in
a twenty year time horizon. Mr. Redman stated the Plan created a
Neighborhood Preservation District with the idea of taking existing
subdivisions .located in areas and curtailing it to a density of
one house per five acres and providing treatment to existing
settlement patterns. Mr. Redman continued he had"submitted to the
Board added language. pertaining to the Neighborhood Conservation
District which discussed Smithfield environs for treatment of that
area.
Chairman Bradby called for citizens' comments.
Malcolm Cofer of Smithfield and a member of the Planning
Commission .stated he was in favor of alternatives A & B, but
opposed to alternative C because water and sewer .were already in
place in that area. Mr. Cofer urged the Board accept the request
for a joint meeting between the-Town of Smithfield and the County
and not make any decision regarding the Plan before the meeting
takes place.
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David Hardy stated he was concerned about the quality of life
in Isle of Wight-and the control of it to enable all citizens of
Isle of Wight a full abundant life. Mr. Hardy stated he had looked
at all three alternatives of the plan and that in ten years, the
County .would be looking at annexation with the Town of Smithfield
and supporting four new schools and the citizens of Smithfield
would still be paying double tax to Isle of Wight County.
Dr. Wilson Ames, member of Smithfield Town Council, stated he
was in ..favor of Plans A & B and urged the Board to discard Plan C.
Tom Hearn of Smithfield stated he operated a business on Route
10 and came to Isle of Wight.County because it was a growth .area
and felt his business would be in jeopardy if the Board went with
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Plan C and restricted growth in that area.
Fred Walls of Smithfield of the Smithfield Chamber of Commerce
urged the Board to reject alternate C because it would inhibit
long-term commercial expansion in the County which is needed to
improve the County's tax base.
Florine Moore of the Smithfield Town Council spoke regarding
the alternatives to the Development Service Districts around and
near the Town of Smithfield stating that on December 4, 1990, the
Town Council .unanimously voted to endorse alternative B with 'no
objection to alternative A, but opposed alternative C and that the
Board of Supervisors take no action on this. matter pending a
meeting between the Town Council of Smithfield and the County Board
of .Supervisors.
Mike Hoffman, Hardy District, stated he wanted to speak in
favor of alternative C and pointed out that the new force main
coming in from Suffolk in the future will be coming in from the
east. Mr. Hoffman continued that the Town of Smithfield would not
be isolated because with .the advent of services in the alternative
C area, businesses would congregate around those areas which offe~•
the best transportation facilities.
R. L. Walker, Windsor District, stated he .also supported
alternative C and if annexation occurred, all the schools would be
in the Smithfield area. Mr. Walker stated there had been several-
meetings and that to change the plan now would not be feasible.
Robert Hart of the Smithfield Town Council stated the Town of
Smithfield and the County needed to meet to discuss the issues and
come up with reasonable solutions to all concerns.
Philip Edwards stated he was opposed to alternative C be-cause
he owned property in the area which is now farmland, but he may
want to develop it in the future.
Chairman Bradby called for comments by Board members.
Supervisor Ross stated all input received would be helpful in
making a valid decision on how the County should proceed and that
he would welcome the. opportunity to meet with the Council members
in Smithfield.
Supervisor Edwards stated he would also welcome the
opportunity to meet with the Town of .Smithfield to discuss the
issues.
Supervisor Ross moved the Board table the matter until the
February 7, 1991 meeting of the Board and that County Administrator
Standish establish a meeting. date between the Board of Supervisors
and .Smithfield Town .Council and make appropriate information
available. to the Town Council prior to .the meeting date. The
motion passed by unanimous vote (5-0).,
County Attorney Crook recommended an Executive Session
pursuant to Section 2.1-344 A.7 of the Freedom of Information Act
for consultation with legal counsel concerning potential
litigation, specifically annexation.
At 3:30 P.M., Supervisor Bradshaw moved the Board go into
Executive Session for the reasons stated by County Attorney Crook.
The motionpassed by unanimous vote (5-0).
At 4:35 P.M., upon returning to .open session, Supervisor
Turner moved the Board adopt the following resolution:.
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an .executive.
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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 inconformity with Virginia law;
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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
NAYS: 0
ABSENT DURING VOTE: 0
ASSENT DURING MEETING: 0
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Chairman Bradby called fora public hearing on the following
application:
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The application of Charles T. Willett for a change in
zoning classification from A-1, Agricultural Limited to
R-A, Rural Residential, 1.18 acres of land located on the
north side of Route 621, between Route 627 and Route 626,
in Hardy Magisterial District. The purpose of the
application is for a rural residential lot.
Chairman Bradby called for citizens to speak in favor.
Charles T. ..Willett appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Supervisor Turner moved the Board approve the application of
Charles T. Willett. The motion passed by unanimous vote (5-0).
Chairman Bradby called for a public hearing on the following
application:.
The application of Catherine Williams and Missouri
Tillery for a change in zoning classification from A-1,
Agricultural Limited to Conditional R-MH-A, Conditional
Rural Mobile Home District, approximately one (1) acre
of land located off the south side of Route. 624, between
Route 10 and Lawnes Creek, in Hardy Magisterial District.
The purpose. of the application is for the permanent
location of two mobile homes to be occupied by only the
designated applicants, along with immediate family
members.
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Chairman Bradby called for citizens to speak in favor.
Catherine Williams appeared.
Chairman Bradby called for citizens to speak in opposition.
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No one appeared.
Supervisor Turner moved the Board approve the application of
Catherine Williams and Missouri Tillery. The motion passed by
unanimous vote (5-O).
Chairman Bradby called for a public hearing on the following
Conditional Use Permit:
The application of Yeoman Farm Trust for a Conditional
Use Permit to operate a borrow pit, containing twenty-
eight (28) acres of land, located on the west side of
Route 258 & 10, between Route 644 and Cypress Run Drive
in Newport Magisterial District.
Chairman Bradby called for citizens to speak in favor.
Jeffrey Gardy, Attorney of Suffolk, appeared representing the
Yeomans, stating the site was behind the shopping center on Route
l0, east of Smithfield and adjacent town existing pit which would
be .going out of existence. Mr. Gardy stated this site was in a
convenient. location away from residential users and surrounded by
open fields already owned by the Yeomans. Mr, Gardy further stated
that in the agenda there was a list of conditions and an additional
condition would be added stating that the Yeomans would comply with
all the requirements of the Army Corps of Engineers.
Philip Edwards stated he lived across the road from where the
trucks would be exiting the borrow pit and he had no opposition to
the borrow pit site.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by the Board.
Steve Edwards stated he understood Mr. Layman would be the
operator, not Mr. Yeoman. Supervisor Edwards continued that in.the
permitting process someone has to be designated as the, operator and
asked if this was incorporated in the Conditional Use Permit so
that should the operator change in the original Conditional Use
Permit it would have to be resubmitted.
County Attorney Crook replied that the operator was required
to be named and if the operator was to be changed, it would require
amending the application and go back to the. Planning Commission and
the Board for public hearings.
Supervisor Ross asked the importance of the memorandum passed
out by Mr. Caskey which stated that if changes by the- Corps of
Engineers are made, a different permit involving a less extensive.'
operation would- be required.
Keith Miller, Watkins & Miller, replied that he had spoken
with a new person at the Corps of Engineers who had different ideas
about how he would like to see the outfall for storm water which
would be pumped during operation. Mr. Miller continued that
instead of taking it from the back property, the .new person would
like to see it come out the side and go into the existing ponds.
Mr. Miller continued that a Corps of Engineers' permit would only
be required if over one acre of wetlands was disturbed which would
not be done.
Supervisor Ross asked if Mr. Miller was accepting the changes
made by the Corps of Engineers.
Mr. Miller replied yes and if the above guidelines are
followed, the Corps of Engineers would not require any permit.
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County Attorney Crook stated that if the site plan was changed
as a result of the review by the Army Cops of Engineers then it
would have to come back to the Board to amend the application.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated that the way the preliminary. layout .was
currently designed a federal permit would be required and that Mr.
Yeoman had indicated that there could be modifications made to the
-site plan which would require a less exhaustive review process.
Supervisor Bradshaw stated that on Condition #4, "roads should
be kept sprinkled at all times," he wanted to add that water should
be used rather than oil.
Chairman Bradby stated he wanted to make the Board aware that
he had received two letters. of ,opposition, one from Mrs. ,F. Jones
Turner, and one from .Burger King in the Shopping Center.
County Attorney Crook stated if the Board approved the
Conditional Use Permit, this is the site plan which would be
approved and .that if the Army Corps of Engineers required a
different locatiom it would require going back through the process
and amending the application
Supervisor Bradshaw moved the Board approve the application
of Yeoman Farm .Trust. The motion passed (3-1-i) with Chairman
Bradby voting in opposition and Supervisor.Turner abstaining.
Chairman Bradby called fora public hearing on the following
ordinance:-
An Ordinance to Amend Section 4-7 Underground Utilities
of the Subdivision Ordinance of Isle of Wight County
Chairman Bradby called for citizens to speak in favor.
William Riddick, Attorney in Smithfield, appeared stating he
was here to speak in favor of the ordinance, but urged the Board
to amend Section 4-7-2G to allow an exemption for large tracts
within the highway corridor district consisting of at least three
acres.
W. .Douglas Gaskey, Assistant County Administrator/Community
Development, .stated that the intent of the highway corridor
district was to protect the quality of land and with this theory
in mind this is how the ordinance was sent to the Board by the
Planning Commission.
Judy Begland, Economic Development Director for Isle of Wight
County urged the, Board to .consider adding M1 and M2 to the zoning
qualifications. Mrs. Begland continued that industrial parks
qualify as subdivisions and would be required to go underground and
urged the Board to allow industrial .parks to be separated from
subdivisions.
Supervisor Turner suggested to the Board that the highway.
corridor districts be stricken from the ordinance and that a
provision be added that industrial parks be exempt from underground
utilities.
Chairman Bradby moved that the Board approve Section 4-7,
Underground Utilities of the Subdivision Ordinance with the
deletion of the highway corridor districts and add a provision
under Section 4-7-2G that underground utilities would not be
required in industrial parks which could be defined as
subdivisions. The motion passed (4-0) with Supervisor Turner
abstaining.
Chairman Bradby called for a public hearing on the following
ordinance:.
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An Ordinance to Amend Section 10-12 Underground Utilities
of the Zoning Ordinance of Isle of Wight County
Supervisor Ross moved the Board .approve Section 10-12
Underground Utilities of the Zoning. Ordinance adding under 10-12G
Ml and M2. The motion passed (4-0) with Supervisor Turner
abstaining..
Chairman Bradby called for a public hearing on the following
ordinance:
An Ordinance to Amend Chapter 10, Licenses, of the Isle
of Wight County Code to Revise the Business License Taxes
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
.Gerald Gwaltney, Commissioner of Revenue; appeared stating he
was opposed to the ordinance as written because rates have changed
in different categories causing the retailers in the County to be
hit the hardest with a 39$ increase in their license tax. Mr.
Gwaltney recommended the Board approve only the change in
definition of Section 10-16 and delete Section 10-33 which would
reclassify. those in the hauling industry from "other services" to
"contractors."
Fred Walls, President of the Smithfield/Isle of Wight Chamber
of Commerce, appeared stating~he was opposed to the increases and
changes in the rate as presented, although he .concurred with Gerald
Gwaltney's recommendation.
Supervisor Ross moved the Board accept the recommendation of
the Commissioner of Revenue to approve only. the change in
definition of Section 10-16 and delete Section 10-33. The motion
passed by unanimous. vote (5-D).
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Chairman Bradby-called for Citizens Comments.
Grace Keen, Newport District, stated she was in .favor of
broadening the tax base in the .County,.. but the landscape was being
destroyed in the process and urged the Board to consider using some
form of taxation on operations other than the business license tax
for destruction of the landscape.
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Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development presented the following application for .the Baard's
consideration:
The application. of Philip F. Edwards, Jr. owner, Contel
Cellular of Norfolk, Inc. prospective owner, to locate.
a 185 foot high guyed antenna tower for .cellular
telephone communications and an unmanned equipment
building, on 2.882 acres of land located off Route 10,
in Newport Magisterial District
Chairman Bradby called for citizens to speak in favor.
Howard Martin, Attorney of Norfolk representing the
applicants, appeared stating he believed three towers would be
necessary overall to provide basic .coverage for Isle of Wight
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County.
Supervisor Ross moved the Board approve the application of
Philip F. Edwards, Jr. The motion passed by unanimous vote (5-
0) .
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Mr. Caskey presented the following subdivision plat for the
Board's consideration:
Subdivision plat of parcels A & B, being property of
Charles T. and Brenda L. Willett located on Route 621,
in Hardy Magisterial District.
Chairman Bradby called for comments by the Board.
The Board members offered no comments.
Chairman Bradby moved the Board approve the subdivision plat
of parcels A and B of Charles T. and. Brenda L. Willett. The motion
passed by unanimous vote (5-0).
Mr. Caskey stated the Board of. Supervisors had previously
approved a Special Use Permit for the construction pf two anaerobic .-
lagoons to be located in the vicinity of Route 600 northeast of the
Town of Windsor. Mr. Caskey continued the Virginia Departm€nt of
Health, in accordance-with State law, has notified the County that
they are scheduling a public .hearing. on this matter for their own
permitting procedure on December 12, 1990. Mr. Caskey stated he
would advise the Virginia .Department of Health of the previous
action of the Board of Supervisors.
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Mr. Caskey stated the Board of Supervisors had- previously
approved a solicitation for grant funds from the Chesapeake Bay
Local Assistance Department resulting in the County being funded
grant monies by the Chesapeake Bay Local Assistance Department of
which some monies. funded the hiring of the Environmental Planner
with other monies being attributed to a septic tank pumpage tank
program which the County will have to monitor in the coming years.
Mr. Caskey continued there was also $3,000 which related to year
two changes to the Chesapeake Bay Ordinance and that change orders-
. .were necessary and asked for the Board's consideration of a change
order to change the wording in order that Redman Johnson could
apply these monies to the year two program and make appropriate
changes to cover .costs associated with the Chesapeake Bay
Preservation Ordinance and Plan.
Supervisor Ross moved the Board accept the change order. .The
motion passed by unanimous. vote (5-0).
Mr. Caskey stated he had received a petition requesting street
name changes.
Supervisor Ross moved the street. name changes be sent to-the
Street Naming Sub-committee of the Planning Commission.. The motion.-
passed by unanimous vote (5-0).
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Chairman Bradby called for. the County Attorney's report.
County Attorney Crook stated he had met with the
Transportation Safety Committee and explained legislative changes
to them and that it was necessary to designate and name members to
a Transforation Safety Committee which will. perform the same
function. as the previously appointed Transportation Safety
Commission which is to approve grants for funds for transportation
safety primarily in the County and to recommend to the Board of
Supervisors needs regarding transportation safety. County Attorney
.Crook continued he had prepared bylaws and listed the members of
the Transportation Safety Committee for appointment which require
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staggered years in the. beginning and for four years after being
reappointed.
Supervisor Edwards moved the Board. adopt the following
resolution and approve the proposed bylaws:
RESOLUTION
WHEREAS, the General Assembly of Virginia provided in Title
2.1, Chapter 7.2, Sections 2.1-64.19 and 2,1-64.21 for each county
within the State to have a local Highway Safety Commission and.
pursuant to that Authority, the County of Isle of Wight by
ordinance adopted December 5, 1.968 embodied in Article IiI, Section
2-11 of the Isle of .Wight County. Code, created a Highway Safety
Commission; and,
WHEREAS, Section 2.1-64.15. through 2.1-64.22 of the Code of
Virginia were repealed by Acts of the General Assembly of 1978;
and,
WHEREAS, the fiscal guidelines of the Virginia Department of
Transportation requires political. subdivisions in submitting
applications for grants for funds to provide a letter of approval r
from the transportation .safety commission of the political
subdivision and further provides that said transportation safety
commissions must meet four times. annually; and,
WHEREAS, the Board of Supervisors of Isle of Wight County has
heretofore appointed a.transportation safety commission which has
functioned pursuant to said Ordinance and Acts of the General
Assembly since 1968 but whose legal status is in question as a
result of the repeal of .the aforesaid statutes; and,
WHEREAS, the County of Isle of Wight is in need of State and
Federal funds for highway. safety and. has a need for such a
commission to advise and recommend to the Board of Supervisors
concerning needs for highway safety in the County of Lsle of Wight.
WHEREFORE, it is hereby RESOLVED by the Board of Supervisors
of Isle of Wight .County, Virginia, that a transportation safety
committee, to be known as the Transportation .Safety Commission of
Isle of Wight County, is hereby created to study and advise the
Board of Supervisors concerning all .matters relative 'to
transportation safety in the County of Isle of Wight, Virginia, and
to approve applications for Federal and State funds to the Virginia
Department of Transportation and to perform such other duties .as
authorized and assigned to same by the Board of Supervisors of Isle
of Wight County, Virginia.
Said Committee shall consist of seven (7) members appointed
by the Board of Supervisors the first appointments being for
staggered terms with one person being appointed for one year, two
persons being appointed for two years, two persons being appointed.
for three years, and two persons being appointed for four years..
Following the initial terms, .all members shall be appointed for
terms of four years.
The following members are likewise hereby appointed to serve
as said Committee members for the terms indicateds
Sarah Wright 1 year
Larry Willis 2 years
bavid Holt 2 years
Grace Keen 3 years
Robert Trask 3 years
S. G. Bowman 4 years
W. Peyton Barlow 4 years
Said Committee shall meet at least four times annually with•
the regular annual meeting being in February of each year for the
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election of officers.
BY-LAWS OF THE
ISLE OF WIGHT COUNTY
TRANSPORTATION SAFETY COMMITTEE
ARTICLE I
.CREATION - PURPOSE
Section I-1. Creation.
The .Board of Supervisors of Isle of Wight County,. Virginia,
has created. the Isle of Wight County Transportation Safety
Committee, herein referred to as the "Committee."
Section I-2. Purpose.
The Committee shall study and advise the Board of Supervisors
concerning all matters relative to transportation .safety in the
County of Isle of Wight, Virginia.
ARTICLE LI
MEMBERS AND OFFICERS
Section I_I-1_,___Composition of the Committee.
The Committee shall consist of seven members appointed by the.
Board of Supervisors who shall have one. vote each. A quorum of the
Committee shall be a majority of its members. A member of the
Board of Supervisors may serve on said Committee but only in an ex
officio capacity.
Section II-2. Terms__of_Office of Regular Committee Members.
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Each member of the Committee shall: be appointed by the Board
of Supervisors for a term of four years. The terms of office of
members shall expire on the third Tuesday of February; provided,
however, the ex .officio member appointed from the Board of
Supervisors shall serve for a term which coincides with his term
of office as a Supervisor. Of the members first appointed, one
shall be appointed for a term of one year, two shall be appointed
for a term of two years, two shall be appointed for a term of three
years and two shall be appointed for a term of four years:
Section II-3. Vacancies.
Any vacancy in the membership of the Committee shall be filled
through appointment by the Board of .Supervisors for the unexpired
term.
Section II-4. Continuing Body...
The Committee shall be a continuing -body and no measure
pending before such body shall abate or be discontinued by reason
of the change in the number and terms of the Committee members as
Herein provided.
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Section II-5. Removal of Committee Members.
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Any member of the Committee may be removed at any time by the
Board. of Supervisors.
Section II-6. Officers.
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The officers of the Committee shall consist of a chairman and
vice chairman, elected by the Committee at the annual meeting.
Each officer shall serve for one year or until his successor shall
take office. The Board of Supervisors shall designate a secretary
who shall perform the following duties:
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II-6.1 Keep the minutes of all meetings of the Committee
in an appropriate minute book.
11-6.2 Give or serve all notices required by law or by
the by-laws of the Committee..-
- II-6.3 Prepare with the Chairman the agenda for all
meetings of the Committee.
II-6.4 Be custodian of Committee records.
II-6.5 Inform the Committee of correspondence relating
to business of the Committee and to attend to such
correspondence.
Section 11-7. Compensation of Members
The members of the. Committee -shall serve with :such
compensation as determined by the Board of Supervisors including
reimbursement by the County for mileage and other out of pocket
expenses necessitated by their duties and attendance on said.
Committee.
ARTICLE III
POWERS AND DUTIES OF THE. COMMITTEE
Section III-1. Powers of the Committee.
The Committee shall have all the powers and authority of
Transportation Safety Committees or Commissions prescribed by law.
Section III-2. Duties of the Committee.
The Committee shall perform the following duties:
III-2.1 Prepare and submit. to the Board of Supervisors
a work program for transportation safety within Isle of
Wight County. .Such program shall include, in addition
to such matters as the .Virginia Department of
Transportation, Commonwealth of Virginia, may require
material on the status of, need for a means to provide
within Isle of Wight County driver education, driver
improvement courses for adults and out-of-school youths
and identification of accident prone locations on roads
within Isle of Wight County. Such program shall be
submitted by January 1 of each year.
III-2.2 Promote public interest in and understanding of
transportation safety.
III-2.3 Perform such other transportation safety duties
as may be assigned to it by the Board of Supervisors.
III-2.4 -Shall call special meetings to review and
approve all applications submitted for funding traffic.
safety improvements by local organizations, civic groups,
businesses and political subdivisions.. Following
approval of submitted applications, the Committee will
forward the application (to include last four meeting
dates) to the Department of Motor Vehicles Field
Coordinator prior to the 1st of June each calendar year
and to the Board of Supervisors of Isle of Wight County,
Virginia, for review and approval.
ARTICLE IV
MEETINGS
Section IV-1. Annual Meetin
The annual organizational meeting of the Committee shall be
the-first regular meeting in the month of February of each year.
Such meeting shall be devoted to the election of chairman for the
ensuing year and to such other business as shall be scheduled by
the Committee.
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Section IV-2. Regular Meetings..
Regular meetings of the Committee shall be held the third
Monday in-the second month of each quarter, February, May, August
and November in the Board of Supervisors Room at the Isle of Wight
County. Courthouse at 7:00 p.m. At such meetings the Committee
shall consider all matters properly brought .before the Committee
without the necessity of prior notice thereof given to any members.
A regular meeting may be cancelled or rescheduled by the Committee
at a prior meeting.. If-the regular meeting day falls on a holiday,.
the meeting will be held on the next following day.
Section IV-3. .Special Meetings.
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.Special meetings of the
chairman and shall be held at
officer calling the same. Wr
to all the .members not less
thereof.
Committee. shall be called by "the
a time and place designated by the
itten notice thereof shall be given
than twenty-four hours in advance
.Section IV-4. .Adjourned Meetings.
Any regular or special meeting may be adjourned to a definite`
date by a majority vote of a quorum of members. Adjourned meetings
may be held at any time by the Committee.
The motion passed by unanimous vote (5-0).
County Attorney Crook stated that the Board of Supervisors at
a previous meeting requested him to prepare an ordinance to allow
hunting. with muzzle loaded rifles in the County. He then presented
a proposed ordinance to that effect and requested the Board to
authorize him to publish it fora public hearing of the Board.
Supervisor Edwards moved to authorize the County Attorney. to
advertise the ordinance for a public hearing. The motion passed
by unanimous vote (5-0).
//
Chairman Bradby called for the County Administrator's report.
County Administrator Standish informed the Board that the
State Secretary. of Health and Human Resources has advised the
County that the State intends to change the provision of .Social
Services by consolidation of agencies.
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Linda Bean, Director of Social Services, stated that at this
point, it is unclear what the State Secretary of Health and Human
Resources proposes and the guidelines should come from his office
on December 8, 1990. Ms. Bean stated the proposal has been made
in an attempt to make up an additional $2,000,000 in State revenue
shortfalls and currently there are 124 local departments of Social
Services in the Commonwealth of Virginia. The Secretary is
proposing to consolidate 109. of these offices with the idea that
doing away with the .positions of the Director, Assistant Director,
Office Manager and volunteer coordinator in each of-the agencies
would result in saving $2,000,000. Ms. Bean continued a District.
Manager would be appointed to .oversee the operations of the newly.
consolidated agency and Isle of Wight County would continue to be
responsible for .paying .for the cost of this newly- created
managerial position at probably a rate of a little greater than
1/3. Isle of Wight, County would also"be responsible for paying for
any costs associated with whoever is hired and/or appointed~to
maintain three separate sets of books for this new agency being
considered. The Secretary is proposing that when consolidation
occurs, it occurs by using either the same type of district which
has been established for either State Health Department districts
or mental health. In both case, Isle. of Wight County would be
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consolidated with. Southampton County and Franklin city social
services.. There are 15 local agencies in the State that are exempt
from consolidation due. to the caseload they have and of which
Suffolk is one. Ms. Bean continued the Secretary is proposing to
accomplish this July 1, 1991 and Isle of Wight would continue to
pay all of the costs associated with Isle of-Wight County's social
workers, eligibility workers and clerical staff. Ms. Bean stated
her concerns as follows: (1) she was not sure this would save the
locality money, (2) she was concerned about accessibility to
clients, (3) she was concerned that consolidation would be the'
first step leading to administration of all Social Service
programs, (4) when Isle of Wight consolidates with Franklin and
Southampton County, the County should know that -all three
localities .are on different pay plans, fringe benefit packages and
personnel policies, (5) what will the County do when called about
problems that the new District Manager cannot resolve due to lack
of a local initiative and (6) who- will administer. the Section 8
housing program? Ms. Bean stated the Virginia League of Social
Services Executives has suggested alternative ways for saving the
$2,000,000 and that Isle of Wight County, along with the Virginia
Association of Counties and most local governments in the State
have recommended that an independent study and analysis be
conducted by a joint committee of the Virginia General Assembly to
determine the impact of consolidation.
County Administrator Standish recommended to the Board that
they authorize the County Attorney to request an opinion from the
Attorney General and authorize a letter be sent to Secretary
Cullem.
County Attorney Crook stated that it was necessary for the
County Attorney to research .and give his opinion first. After
receiving the written opinion and if the Board wanted to seek an
opinion from the Attorney General the Board would be entitled to
do so.
Supervisor Turner moved the Board request the County Attorney
to research and give his opinion and send a letter to the Attorney
General's office and Secretary Cullem. The motion passed by
unanimous vote (5-0).
Supervisor Turner moved the Board .adopt the following
resolution:
RESOLUTION REQUESTING THAT THE SOIL CONSERVATION SERVICE
CONTINUE TO MAINTAIN STAFF AND AN OFFICE
AT THE ISLE OF WIGHT COURTHOUSE
WHEREAS, a Soil .Conservation Service office has been
maintained at the Isle of Wight Courthouse to, serve County
residents and agricultural interests throughout the area; and,
WHEREAS, the Soil Conservation Service office has provided
significant support to such residents, businesses and farmers, as
well as County decision makers and Alarming staff; and,
WHEREAS, the increasing requirements on localities relative
to land use decisions and environmental considerations make the
Soil Conservation Service even more important; and,
WHEREAS, it has been proposed by the State that the Soil
Conservation Service staff be reduced, the office potentially be
relocated and services reduced.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County that the State be and is
hereby requested to maintain a Soil Conservation Service office
at the Isle of Wight County Courthouse and maintain a full staff
of this office.
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BE IT FURTHER RESOLVED that the State is encouraged to look
elsewhere to recover losses of revenues rather than reducing or
eliminating direct services to citizens, businesses and. farmers.
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The motion .passed by unanimous vote (5-0).
Supervisor Turner moved the Board adopt the following
resolution:
RESOLUTION TO ACCEPT .AND APPROPRIATE FIFTY NINE
THOUSAND NINE HUNDRED DOLLARS FROM THE CITY OF
VIRGINIA BEACH AND THE GENERAL FUND UNAPPROPRIATED
FUND BALANCE FOR THE MASTER WATER AND SEWER PLAN
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has contracted for the. Master Water .and Sewer
Plan; and,
WHEREAS., the funds in the amount of fifty-nine. thousand
nine hundred dollars ($59,900) need to be appropriated to the
Master. Water and Sewer Plan; and,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia,-that
fifty thousand dollars ($50,000) from the City of Virginia Beach
and nine thousand nine hundred dollars ($9,900)- from the General
Fund Unappropriated Fund Balance be appropriated to line item 14-
8104-3002, Master Water and Sewer Plan.
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 1990-91 budget for this
grant and to do all the things necessary to give this resolution .
effect.
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The motion passed. by unanimous vote (5-O)
County Administrator Standish stated he had received a request
from William N. and Mary Ann H. Howell to vacate a 10,000 square
foot dumpster site which is adjacent to the Strawberry Acres
Subdivision. County Administrator Standish questioned if the Board
could by vote vacate the dumpster. site or if there needed to be a
public hearing on the matter.
County Attorney Crook explained that the Board could not do
anything at this time because there are statutory procedures which
must be followed and the attorney for Mr. Howell had been advised
by County Attorney Crook of what needs to be done to accomplish
this. County Attorney Crook reported that the attorney for Mr.
Howell made an effort which did not comply with State law, that he
has been advised of this, and-that he would need to revise what he
has~done to comply with State law before the. Board could act on the
request.
Supervisor Turner moved to refer the matter to the County
Attorney. The motion passed by unanimous vote (5-0).
County Administrator Standish stated that previously the Board
had considered providing assistance to the County Treasurer in
getting his record keeping, which is now done manually, into his
computer system. County Administrator Standish continued he
understood that the Treasurer is requesting the Board to allocate.
funding to retain the auditor and have all the information put on
the computer for the first .half of the current fiscal year, which
would be July 1, 1990 through December 30, 1990, at a proposed cost
of $8,500.
Supervisor Bradshaw moved the Board approve such an agreement
with Goodman & Company with the funds .coming from the Contingency
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Account. The motion passed by unanimous vote (5-0).
//
Chairman Bradby calked for New Business,
There was no new business for discussion.
//
Chairman Bradby called for Old Business.
An Ordinance to Amend the Ordinance to Provide Standards
for Naming Streets
Supervisor Edwards moved the Board table the ordinance until
the-March 7, 1991 meeting of the Board. The motion passed by
unanimous vote. (5-0).
//
.Chairman Bradby called for Appointments,
Chairman Bradby moved the Board reappoint David Hardy to the
Industrial Development Authority. The motion. passed by unanimous
vote (5-O).
Chairman Bradby moved the Board reappoint Mary Wells to the
Southeastern Virginia Areawide Model Program, Inc. The motion
passed by unanimous vote (5-O),
//
Chairman Bradby called for approval of the November 1, 1990
minutes.
Upon recommendation of County Attorney Crook, Supervisor-Ross
moved the Board approve the November 1, 1990 rninutes of the Board
of Supervisors. The motion passed by unanimous vote (5-0).
//
County Attorney Crook requested an Executive Session pursuant
to Section 2.1-344 A.7 of the Freedom of Information Act for
consultation. with legal counsel and staff concerning pending
litigation, specifically the Unisys arbitration matter.
Supervisor Ross moved the Board go into Executive Session for
the reasons stated by County Attorney Crook.. The motion passed by
unanimous vote (5-0).
Upon returning to open session, Supervisor Ross moved the
Board 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
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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
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
At 6:37 P.M., Supervisor Ross moved the Board adjourn. 'The
motion passed by unanimous vote (5-0).
//
..
~~~ `TE'L =c
Henry H. Bradby, Chairman
Myles ~ Standish, Clerk
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