01-03-1991 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY. BOARD OF SUPERVISORS
HELD THE THIRD DAY OF JANUARY IN~THE YEAR NINETEEN HUNDRED NINETY
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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 Casket', Assistant County
Administrator/Community Development
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to-order at 2:00 P.M. The
invocation was delivered by Supervisor Edwards.
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Chairman Bradby. turned the meeting over to County
Administrator Standish who called for nominations for Chairman.
Supervisor Bradshaw nominated Henry H. Bradby for Chairman. Henry
H. Bradby was elected as Chairman of the Board of Supervisors for
the .year 1991 by unanimous vote (5-0) of the Board.
County Administrator Standish called for nominations for Vice
Chairman of the- Board of Supervisors. Chairman Bradby nominated
Supervisor Bradshaw. Supervisor Bradshaw was elected as Vice
Chairman of the Board. of Supervisors for the year 1991 by unanimous
vote. (5-O) of the Board.
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Chairman Bradby called for Transportation Matters.
MacFarland Neblett., Resident Engineer, Virginia Department of
Transportation, stated he had no formal presentation; however, the
results of the advertisement for bids on the Route 665 project
would be forthcoming soon and would be underway this spring.
Chairman Bradby called for comments by the Board.
Supervisor Edwards asked Mr. Neblett to look into repairing
a hole in Burdett Edwards' driveway which connects with Route 258.
.Supervisor Ross asked Mr. Neblett about the progress on the
left turn lane at Route 10 and Route 258..
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Mr. Neblett replied the traffic and safety personnel were
looking into it with regards to the possibility of safety funding
although he had not heard back from .them yet.
Supervisor Turner reminded Mr. Neblett there had been a
request from the Board of Supervisors about a turn lane. at the stop
light coming from Windsor at the bypass at Smithfield and asked him
to keep this request in mind.
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Chairman Bradby called for Citizens Comments.
Grace Keen stated she was a concerned about trash on the .James.
River bridge and broken down cars which .had been left there and
requested the Board to erect a sign stating cars left over twenty
four hours would be towed. Mrs. Keen continued that some of the
lights on the bridge were also non working properly.
Mr. Neblett reported that broken down cars were normally the
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responsibility of the State Police, but that he .would get with the
people on the bridge to replace the lights.-
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Chairman Bradby called for the presentation by Virginia Beach
on .the Lake Gaston pipeline.
.Clarence Warnstaff, Dizector of Utilities for Virginia Beach,
stated he was asked to give an update on the Lake Gaston pipeline
project with regards to an alternative terminus point for the
pipeline. Mr. Warnstaff continued that the Corps of Engineers
permit for the project provides for two pumping stations in 85
miles of pipeline beginning in Brunswick County and terminating in
Suffolk and that Virginia Beach is considering an alternative
terminus location for the pipeline. which •is located in Isle of
Wight County and which is adjacent to the existing raw water
transmission lines owned and operated by the City of Norfolk. Mr.
Warnstaff .stated that if a decision was reached by the City of
Virginia Beach to terminate the pipeline project in Isle. of Wight,
County, it would not be necessary for Virginia Beach to build a
booster .pump. station or the remaining portions of the .pipeline
extending into the City of Suffolk. Mr. Warnstaff further stated
the following issues must be settled prior to a final determination
being made regarding the alternative location for terminating the
pipeline: (1) the completion of discussions with.. the City of
Norfolk regarding receiving the Lake Gaston water, conveying the
water through their system and treating the water .for Virginia
Beach, (2) the issue between. the City of Virginia Beach and the
City of Chesapeake regarding their participation in the Lake Gaston-
project,.(3) an amendment must be filed to .their .permit if the
pipeline is terminated in Isle of Wight County and (4) continuing
discussions must be made with Isle of Wight County regarding the
terminus location.
Supervisor Edwards asked. if there would be other permits
required if Virginia Beach decided to terminate the pipeline.in
Isle of Wight. County.
Thomas Lahey stated the Board would have to modify their local
consent and a Conditional Use Permit would have to be obtained.
Chairman Bradby called for comments by citizens.
Ms. Beale of Route 460 stated she was concerned about flooding
on her property.
William C. Briggs, Jr. ,. stated his farm was on the easement
and they were not being compensated .for it.
Alan Nogiec, Route 600 in Windsor, stated the impacts were on
the roads and requested that Virginia Beach have their engineers
consider what impacts were made from Route 60,0 to where it goes
into Lake Prince.
Robert Mathews, Route 600 in Windsor, stated .there was no
indication that the City of Norfolk has any rights to the swamp
although 145 feet of his land is being flooded because he .owns to
the center of the swamp.
Larry Post, Route 636, stated he was concerned what this would
do with respect to the Norfolk coal storage application. Mr. Post
continued this stream was open water and fed from the other side
of the railroad track.
Mr. Lahey stated that Gaston water in general is better in all
aspects of water quality than water pumped from the Blackwater and
Nottoway Rivers and that he did not believe there would be any
significant impact from the coal storage facility.
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County Administrator Standish recommended that at such time
as Virginia Beach reaches a conclusion on the design, that the
briefing process continue-with the Board of Supervisors prior to
any permit process.
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Chairman Bradby called for a public hearing on the following
ordinance:
AN ORDINANCE TO ALLOW
HUNTING WITH MUZZLE-LOADING RIFLES
Chairman Bradby called for citizens to speak in favor.
County Administrator .Standish. stated. that the Board 'had
received a telegram from Robert Pugh in favor of the ordinance.
Chairman Bradby called for citizens to speak in opposition.
Robert Taylor, III appeared and asked what was the purpose of
the ordinance.
Supervisor Edwards. replied that last year the State Game
Commission authorized a special muzzle loading season and. permit
and the State Game Commission has been encouraging Tidewater
localities to allow for muzzle loading seasons. to allow citizens
to take advantage of the seasons and the permits. Supervisor
Edwards continued this would not apply to this year..
Chairman Bradby stated~he was concerned about the safety of
hunting with muzzle loading rifles.
Supervisor Edwards stated that safety had not been a problem
in the counties who had adopted the muzzle loading ;ordinance.
Supervisor Edwards moved the Board .adopt the following
ordinance:
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AN ORDINANCE TO ALLOW
HUNTING WITH MUZZLE-LOADING RIFLES
WHEREAS, the General Assembly of Virginia by an Act embodied
in Section 29.1-528 of the Code of Virginia of 1950, as amended,
has authorized .the governing body of any county to adopt an
ordinance to permit the use of muzzle-loading rifles during the
prescribed open seasons for the hunting of game species.
NOW, THEREFORE, BE IT ANA IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia, that hunting in
the County of Isle of Wight, Virginias. with muzzle-loading rifles
of a caliber not less than .44 is permitted during the prescribed
open seasons :for the hunting of game species. The type of
ammunition for the muzzle-loading rifle for the hunting of big game
as defined in the regulations of the Game Commission shall contain
• at least seventy-five (75) grains of black power or "pyrodex".
The Clerk of this Board is ordered to notify the Director of
the Department of Game and Inland Fisheries of the Commonwealth of
Virginia by registered mail of the adoption of this ordinance which
is to take. effect as .soon thereafter as allowed by law.
Any person who violates the provisions of this ordinance shall
be guilty of a Class 3 misdemeanor.
The motion passed (4-1) with all members voting in favor
except Chairman Bradby who voted in opposition to the motion.
Chairman Turner called. for a public hearing on the following
application:
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The application of Edna S. Turner and Richard L. Turner
for re-newal of a Conditional Use Permit to expand from
15 acres to 20 acres and extend for an additional five
years .the operation of an existing borrow pit, located
on the east side of Route SO, between Route 600 and Route
604, in Newport Magisterial District.
Chairman Bradby called for persons to speak in favor.
Caroline Burke, Vice President of Isle of Wight Materials,.
appeared representing the applicants.
Chairman Bradby called for citizens to speak in oppositions
Robert P. Taylor, III stated he was. 'the closest resident to
the area and that the permit was originally issued on the
assumption that it was. to be used for agricultural lime and for
irrigation. Mr. Taylor stated he had not seen it used for any
agricultural purposes and that there had been no reclaiming in the
area.
Grace Keen stated that although. she was not speaking directly
in opposition to the application, she would like to see a map made
available to the citizens showing what is taking place with all the
borrow pits throughout the Newport District. Mrs.. Keen stated
there are many pits in the Newport District with soil being
removed.
Supervisor Edwards asked if the renewal application was filed
while the original permit was in effect.
County Attorney Crook replied it had to go through-the
Planning Commission and then to the Board of Supervisors and that
the County required the same procedure for a renewal as an
application. Mr. Crook continued the application was originally
for twenty acres and when it was approved, it was agreed by the
.applicant to a reduction and reduced to fifteen acres.-
Robert P. Taylor, Jr. stated at one time a fence was in place
on the Smithfield side of the property although Mr. Turner had the
timber cut. and the. fence was destroyed.
Richard Turner stated that Mr. Taylor was the adjoining
property owner and the timber of both properties was cut
simultaneously. Richard Turner continued that the bond .was still
in place as far as the. reclamation..
Chairman Bradby stated he had concerns with borrow pits, but
that this was an existing pit.
County Attorney Crook stated that upon reviewing. the
application file that the five years ran from the date the
application was approved which was October 29, 1985 and the
application for renewal was dated November 7, 1990 which shows that
the original permit had expired. County Attorney Crook stated that
the Board would have to consider the application as a new
Conditional Use Permit application and nov as an extension of the
prior permit as the application was filed too late for an extension
renewal. Therefore, a new application should be filed to proceed
through the Planning Commission. ~
Supervisor Ross moved the .Board concur with the County
Attorneys recommendation and that the application go back through
the Planning Commission and the Board of Supervisors as a new
application. The motion passed (4-O) with. Supervisor Turner
abstaining.
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Chairman Bradby called .for a public hearing on the following.
application:
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The application of Jones Creek Landing Partnership for
a change in zoning classification from A-1, Agricultural
Limited to C-B-1, Conditional ..Business General,
approximately five (5) acres of land and to C-RMH-TP,
Conditional Mobile Home Trailer Park District,
approximately thirty-seven (37) acres of land, a total
of approximately forty-two (42) acres of land located on
the west side of Route 665, between Route 704 and Route
668, in Newport Magisterial District. The purpose of the
application is for business uses and expansion of Jones
Creek Landinq Mobile Home Park, as conditioned by the
applicant.
Chairman Bradby called for citizens to speak in favor.
William H. Riddiek, III appeared representing the applicant
stating that on the original application certain conditions were
proffered which are still in effect except for the request for an
.additional .proffer that the entire zoning application would be
contingent upon the availability of central sewer service to the
property..
Chairman Bradby called for citizens to speak in opposition.
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Pat Clark of Carrollton stated he thought this. was an example
of high density development and it would place a high demand on the
school system within the Newport District, traffic concerns on
Routes 668 and 665, as well as an .impact on the water supply as a
result of heavy development.
William.Hayes appeared in opposition to the application
stating this type .of affordable housing may cause a problem with
crime and that there were other housing projects with a better
interest for Isle of Wight County.
Clifford Hayes stated he did not want any additianal mobile ~,
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homes in the park.
James Holtolf stated he did notbelieve these trailers would
provide enough tax base to justify the cost to the County. Mr.
Holtolf continued that he had not been notified. of the public
hearing and he thought he was suppose to be notified as an adjacent.
property owner.
Timothy Saunders stated he did not believe the trailers would ~~
generate .enough revenue to bring trash, schools, and fire services.
into the park. k
Supervisor Ross stated he would have to oppose an expansion
of this number of mobile home lots.
Supervisor Turner moved the Board concur with the
recommendation of the Planning Commission and deny the application.
The motion passed by unanimous vote (5-0)..
Chairman Bradby called for a public hearing on the following
application:
The application of Isle of Wight County for a change in
zoning classification from A-1, Agricultural Limited to
C-B-1, Conditional Business General, approximately
sixteen (16) acres of land, more or less, located on the
east side of .Route 258 and. south side of Route. 692,
between Route 258 and Route 652, .in Newport Magisterial
- District. The purpose of the application is to provide
for County Department of Public Works operations and
maintenance of facility, including space for storage of
vehicles, equipment and materials, and office space, as
.well as the continued use of the site for. the County.
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Animal Control. Shelter, Animal Control offices, and the
existing radio tower site.
Donald Robertson, Assistant to the County Administrator,
appeared to present the site plan previously presented to the Board
of Supervisors which had been taken to the Planning Commission with
the proffered conditions authorized by the Board of Supervisors.
Mr. Robertson continued the Planning Commission had approved the
site plan with recommended modifications which included an
increased buffer zone along. Route 692 to Route 258 and include a
buffer zone along the Ruritan Club .property line. Mr. Robertson
informed the Board that the Planning Commission had also requested
the office space be expanded to include public school office space
to assist the County schools should they require additional office
space.
Chairman Bradby called for comments by Board members.
Supervisor Edwards stated he did not believe that capital.
projects should be one of the County's top priorities considering
the funding cutbacks-from the State.
Supervisor Turner stated storage and maintenance of equipment
is important and it may cost the County more if the County does not
look after its equipment.
Supervisor Ross moved the Board approve the application with
amendments as recommended by the Planning Commission. The motion
passed (4-1j with. all members voting in favor except Supervisor
Edwards who voted against the motion.
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Chairman Bradby called for Citizens Comments.
Larry Post of Windsor presented background material--from the
National Fire Prevention Association pertaining to the coal storage.
facility and urged the Board to review the material before the '
January 10, 1991 public hearing.
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Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development read correspondence received from Norfolk Southern for
the purpose of amending certain proffers to the application which
will be considered by the Board on January 10, 1991. Mr. Caskey
stated this was far information. only and no action from the Board
was necessary at .this time.
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Chairman Bradby called for the. County Administrator's report.
County Administrator Standish asked for the Board's
consideration of the low bid for a pre-engineered metal building
to be located on the .County-owned Poor House Farm site. County
.Administrator Standish stated at this time the County did not have
a location to maintain its equipment and store. its vehicles.
Supervisor Edwards asked if the County used the school garage
at all.
County Administrator Standish replied that. successful working
agreements have not been worked out and the Caunty's larger
vehicles did not fit into the work bays.
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Supervisor Edwards stated he thought the Board should wait
until the General Assembly session was over before the Board acted
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on additional capital projects.
Chairman Bradby stated that .although the shortfalls in State
and federal revenues will be handed down to the County, the County
needed a storage and maintenance area instead of the vehicles
sitting out in bad weather.
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Supervisor Ross stated he thought the Board needed to consider
the impact this would have on the County's .capital funds and that
the County should defer at the present time.
Supervisor Turner moved the .Board table the matter for six
months. The motion passed by unanimous vote (5-0).
Alan Nogiec, Director of the Isle of Wight Public Recreations
Facilities Authority, presented a color chart of beautification
projects for the entrances to Isle of Wight. County and stated the
highest priority of the. beautification committee was to develop a
.program to deal with the eight gateways coming into the County.
Mr. Nogiec continued that one of the most significant parts of the
project is that it needed to include 'County government and the
citizens in the County and would instill a certain amount. of pride
and incorporate a willingness from the civic and service clubs to
get involved in maintenance and funding of the project.
County Administrator Standish recommended the Board continue:
to set aside funding for such projects each year in the County
budget.
At 4:20 P.M., Supervisor Ross moved the Board take a ten
minutes recess and continue the .meeting after the Public Service
Authority meeting. The .motion passed by unanimous vote (5-0).
.County Administrator Standish presented two alternative
schedules for the Budget process for the fiscal year 1990-91.
Supervisor Turner moved. the Board adopt the following
alternative schedule .for the budget process:'
ALTERNATIVE
COUNTY OF ISLE OF WIGHT
FY 1991-92 BUDGET CALENDAR
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January 11, 1991 -
February 8, 1991 -
February 8th through
March 8, 1991 -
March 14, 1991.
March 20, 1991
.Prior to March 28, 199T
March 29, 1991 -
April 3rd & 4th 1991 -
10th & 11th 1991.-
April 18, 1991 -
Budget packages to departments and
State/local agencies
Budget requests. due
Meetings with agencies &
departments
School Superintendent recommences
budget
School Board public hearing
School Board adopts school budget
Draft County budget complete,
-forwarded to Board of Supervisors
Advertise County budget and tax April
levies for public hearings
Public hearing on County budget and
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tax levies
April 25, 1991 - Special Meeting: Adoption of County
budget and tax levies by Board of
Supervisors
The motion passed by unanimous vote (5-0)~.
County Administrator .Standish stated that the Virginia
Association of Counties had asked that a County Board member be
designated as a liaison person on legislative matters for the VACO
Board of Directors.
Chairman Bradby moved to nominate Supervisor Edwards as
designated Board member liaison on legislative matters for the VACO
Board of Directors. 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 that at the. request of the Board
he had reviewed the situation on the retirement benefits for Game..
Wardens. County Attorney Crook continued he had reviewed the
statute which was adopted at the last General Assembly as Section
51..1-169 of the Code of Virginia and at that time it was provided
that it would not take effect unless it was readopted by this-
session of the General Assembly. Meanwhile it was to be studied
by the Senate Committee on Finance and the. House Committee on
Ap~,ropriations to determine the financial impact. County Attorney
Crook stated that in the letter to Delegate Councill from
Southampton it indicated that the Southampton Board of Supervisors
voted its support of the Bi11 with. the understanding that the
funding used to support the benefits would come from licenses and
associated items under the Game Commission.
Supervisor Edwards moved the Board support the legislation
that retirement benefits for Game Wardens be the same as State
Police and that a letter be sent to Delegate Councill and Senator
Holland. The motion passed by unanimous vote. (5-0).
County Attorney Crook stated the Board had a previous question
about the consolidation of Social Services-with other localities
and requested Mr. Crook prepare an opinion. County Attorney Crook
further stated the Board may wish to get the Attorney General's
opinion on this issue, although he had checked the statutes on it
and the. Governor cannot require under the existing statute a
consolidation of Department of Social Services. County. Attorney
Crook stated he was not finished reviewing the statutes on whether
this could be coerced by a reduction of funding, but it did not
appear that. it could be and that he would need more time to
research that aspect of the matter.
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Chairman Bradby called for New Business..
There was no new business for discussion.
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Chairman. Bradby called for Old Business.
Supervisor Turner stated Miller Road in the Sugar Hill area
was in dispute and moved that the Board name Miller Lane-for the
entire road including that part that turns right and that the part
of the road turning to the left be named Candy Island Lane. The
motion passed by unanimous vote (5-0).
Supervisor Edwards requested that County staff review the
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alternatives to have future presentations in front of the Board
with illustrative aid face bath the Board and the audience.
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Chairman Bradby called for approval of the December. 6, 1990
minutes of the Board of Supervisors.
Supervisor Ross moved the Board approve the December 6, 1990
minutes of the Board. The motion passed by unanimous vote (5-0).
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At 5:05 P.M., Supervisor Ross moved the Board continue the
.meeting to January 9, 1991 at 3:00 P.M. in the Board of Supervisors
Board Room at the Courthouse when the Board would meet with'the
Smithfield Town Council to further discuss the Comprehensive Plan.
The motion passed by unanimous vote (5-0).
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Henry H. Bradby,. Chairman
Myles E. tandish, Clerk
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