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05-16-1991 Regular MeetingBOOK ~4 ~~~•'~~.. REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF MAY IN THE YEAR NINETEEN HUNDRED NINETY ONE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Richard L. Turner Also Attending: H. Woodrow Crook,. Jr., County Attorney Myles E. Standish, County. Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Donald T. Robertson, Assistant to the County Administrator .Carey H. Mills, Assistant Clerk ABSENT:. Thomas L. Ross Chairman Bradby called the meeting to order at 7:00 P.M. The invocation was delivered by Supervisor Bradshaw. // Chairman Bradby called for a public hearing on the following: An Ordinance to Amend Chapter 8, Garbage, Weeds and Litter of the Code of Isle of Wight County, Virginia, by Adding .Thereto Article IV Solid Waste Recycling Reports Chairman Bradby called for comments by citizens. No one appeared. Donald T. Robertson, Assistant to the County Administrator, stated each locality serviced by the Southeastern Public Service Authority was adopting similar ordinances which requires businesses within the County who are undertaking activities related to recycling to report. to the County what types and quantities they are recycling. Mr. Robertson further stated the purpose of the ordinance is to help the County and region determine where it stands in regards to the State's requirements regarding minimum .recycling rates. Supervisor Turner moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 8, GARBAGE, WEEDS AND LITTER OF THE CODE. OF ISLE OF WIGHT COUNTY, VIRGINIA, BY ADDING THERETO ARTICLE IV SOLID WASTE RECYCLING REPORTS WHEREAS, the General Assembly of Virginia by an Act embodied in Section 10.1-1411. of the Code of Virginia of 19.50, as amended, requires the governing bodies of counties within regional solid waste management areas to be responsible for the development and implementation of a comprehensive regional solid waste management plan in cooperation with a planning district commission; and, WHEREAS, the County of Isle of Wight, Virginia, is a part of the Hampton Roads Planning District Commission solid waste management plan; and, WHEREAS., implementation of the Hampton Roads Planning .District Commission solid waste management plan requires the local governing bodies within the area who are members of the plan to submit annual reports to the .Southeastern Public Service Authority; and, WHEREAS, in order to facilitate the County of Isle of Wight in submitting annual reports of persons recycling solid waste within the County, it is necessary to have any ordinance to require O 1 1 1 aQ~K 14 :~.~:~~~ such persons to make annual reports to the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 8 of the Code of Isle of Wight County, be amended by adding. thereto Article IV as follows: i~ J ARTICLE IV SOLID WASTE RECYCLING REPORTS 8-17. -Each person located within the County of Isle of Wight,' who recycles solid waste, as defined in Section 10.1-1400 of the Code of Virginia of 1950, as. amended, shall submit an annual report to the County Administrator of the County of Isle of Wight, who in turn will submit said reports to Southeastern Public Service Authority of Virginia. 8-18. Each report required by this Article shall cover the twelve months period beginning .January 1 and ending December 31 of each year. Each annual report shall be submitted not later than thirty days following the close of such twelve months period. 8-19. Each annual report required to be submitted hereunder shall include the following information with respect to .the reporting party for the period covered by the. report: (a) The name and address of the reporting party and the name and telephone number of the individual who may be contacted on behalf of the reporting party with regard to its report;. and, (b) The total quantity of solid waste recycled by the reporting party during the period. 8-20. All quantities of solid waste required to be reported hereunder shall be measured by weight. When the reporting party is unable to accurately determine quantity by weight, such quantities shall be reported"based upon carefully estimated data. Each reporting party shall identify in its report all information which is based upon estimated data. 8-21. Nothing hereunder shall be construed to require any party to report information of a proprietary nature. Where any .party fails to report any information otherwise required hereunder. based upon determination that such information is of a proprietary nature, the party shall specify in its report the nature of the .information withheld and the. basis for its determination that such information is of a proprietary nature. 8-22. As used in this Article, "person" shall mean any non-residential generator of solid waste and any company, business or other party which collects,,transports, processes or recycles solid waste. 1 8-23. As used in this Article,. to "recycle" -means the following: (a) To sell, donate, or otherwise transfer solid waste material to any other person located outside of the service area so that such waste material may be processed and -used again as a raw material for a product which may or may not be similar to the original product. (b) To process a given waste material at a location within the service area so that such material may be used again as a raw material for a product which may or may not be similar to the original product. 8-24. As used in this Article, "service area" shall mean the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, and Virginia Beach and the Counties of Isle of Wight and. 2 I + j ' Southampton. 8-25. Any person who recycles solid waste at or from locations both within and without the County of Isle of Wight and who is not reasonably able to identify the quantity of solid waste recycled at or-from each location may submit a consolidated .report to the County. 8-26. The. Southeastern Public Service Authority may prepare forms to be used by any person required to submit a report under this Article. Any such forms shall be available. at the principal offices of the Southeastern Fublic Service Authority and at the offices of the County Administrator of Isle of Wight County. 8-27. Failure to furnish any report required hereunder shall be punishable by a fine of not more .than $500.00 for each such violation. The motion passed by unanimous vote (4-0) of those members present.. // Chairman Bradby called-for Citizens Comments. Tom Queen, Chris Scott, Jamie Polland, Ethel Ravling, Amy Wells and Theresa Weaver appeared urging the Board to support the Isle of Wight School Board's new schools construction proposal. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, stated the Federal Emergency Management Agency has -- provided the County a flood insurance study and map identifying flood hazard areas delineated by the agency and that the County is mandated to adopt flood-plain management regulations to meet the minimum requirements established by the national flood insurance program by August of 1991. Mr. Caskey further stated a draft zoning ordinance. amendment has. been prepared which meets such requirements and serves. to create an .overlay zoning district to establish land. use and construction criteria and requirements and the Planning Commission set a public hearing for their June il, .1991 to consider such an amendment: Mr. Caskey stated that although this was only for the Board's .information at this time, a public hearing . of the Board would need to be set in the near future for the zoning ordinance amendment. // Chairman Bradby called for the County Attorney's report. H. Woodrow Crook; Jr., County Attorney, stated he had nothing for public discussion. // Chairman Bradby called for the County Administrator's report. County Administrator Standish stated the lease for the Health Department building will expire on June 30, 1991 and recommended the_Board renew the lease under the same terms and conditions as now exists. Supervisor Turner moved the Board authorize renewal of the lease for the Health Department under the same terms and conditions as are currently in place. The motion passed by unanimous vote.(4- O) of those members present. 1 U 3 a~~K 14 <<:,:~~1_ Supervisor Bradshaw requested that at such time as the lease next expires or they need expanded space that the Board of Supervisors give consideration to the Health. Department location being moved to the Courthouse. 1 County Administrator Standish stated the County had been advised by the Virginia Association of Counties that the Governor's Office is looking at repealing the Dillon Rule. and that it had been recommended- by VACO that each locality consider adopting a resolution encouraging the Governor to do such. County Attorney Crook stated that the proposed resolution did not correctly represent the Dillon Rule and that the Dillon Rule is not a Governor's or legislative act, but a court decision which says that unless the General Assembly provides authority for the County. to act, the County does not have the authority to act. Mr.. Crook further stated this is not a ,case of repealing the' Dillon Rule and that .the General Assembly could enact legislation that could give the counties more authority than they have. Mr. Crook continued that he recommends that the proposed resolution be re- written.. County Administrator Standish stated a letter could be sent from the Board that would encourage our General Assembly delegation and the Governor to seek. legislation that would no longer have Virginia a Dillon Rule State. Supervisor Turner moved the Board. direct the County Attorney and County Administrator bring back a recommendation for the Board to consider the matter along with the ramifications of such action. The motion passed by unanimous vote (4-O) of those members present. Supervisor-Edwards stated the letter should be directed to all of our new legislators. Supervisor Turner moved .the Board adopt the following resolution: RESOLUTION REQUESTING THE GOVERNOR OF VIRGINIA TO DESIGNATE AUGUST 3, 1991 AS THE OFFICIAL "WELCOME .HOME" FOR VIRGINIA'S VIETNAM VETERANS WHEREAS, thousands of Virginians served in the United States armed forces during the Vietnam War; and, WHEREAS, many Virginians were wounded, held as Prisoners of War and/or lost their lives in an effort. to preserve freedom for. others; and, WHEREAS, these brave men and women represented the United States of America, as Ezell as the Commonwealth of Virginia; and, WHEREAS, Virginia's Vietnam veterans were not honored with a well-deserved welcome home celebration. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that. it hereby requests the Governor and the General Assembly of the Commonwealth of Virginia to designate August 3, 1991 as the official "Welcome Home" for Virginia's Vietnam veterans. The motion passed by unanimous .vote (4-0) of those members present. County Administrator Standish recommended the Board's consideration in setting aside $50,000 of the .$522,000 Virginia Department of Transportation revenue sharing money to initiate the Route 258 project. County Administrator Standish noted that the Board traditionally .allocated the money for the secondary road. program, as priorities already exist, but that the Board could also 4 direct VDOT to begin to address the Route 258 project as had been requested in numerous Board resolutions. Supervisor Turner .expressed his support in encouraging the improvement of Highway 258 and moved the Board request the Resident Engineer of VDOT to give a report to the Board on the matter. The motion passed by unanimous vote (4-0) of those members present. Supervisor Turner moved the Board direct the County Attorney and County Administrator prepare a resolution of appreciation to the Planning Commission .and Planning Advisory Committee in recognition of their work on the Comprehensive Plan. The motion passed by unanimous vote (4-0) of those members present. // Chairman Bradby called for New Business. Supervisor Bradshaw noted that Peoples Drug in-the Airport Shopping Center near Franklin would be closing resulting in a tax lass for the County and moved that the Board direct the County Attorney to draw up a resolution supporting the continued operation of Peoples Drug. at its present. location. Supervisor Edwards suggested the County Administrator direct Judy Begland to see. if there is anything the County can do -from its end to help keep Peoples Druq in business. The motion passed by unanimous vote (4- 0) of those members present. Supervisor Edwards stated the Virginia Code sets a procedure for counties to put a referendum on the ballot to determine whether the counties would like to have a restaurant, meals and beverage tax. ..County Attorney Crook stated he had reviewed the statute and a resolution by the Board could initiate a referendum. County Attorney Crook further stated there is also provisions in the statute that allow counties with certain populations to do this and if Isle of Wight County were to request their legislators to add a population bracket that Isle of Wight County would fit into it would be another way of going about it. Supervisor Edwards moved that the County Attorney report to the Board at the June 6, 1991 meeting regarding appropriate procedures to pursue such a tax. The motion passed by unanimous vote (4-0) of those members present. // Chairman Bradby called for Old Business. Supervisor Turner- moved the Board adopt the following ordinances with 60~ recapture of costs fees, as presented: AN ORDINANCE TO AMEND THE EROSION AND SEDIMENTATION CONTROL ORDINANCE OF ISLE OF WIGHT COUNTY ''TO INCREASE APPLICATION/ADMINISTRATIVE FEES BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Section 6-14 of the Isle of Wight County Erosion and Sedimentation Control Ordinance be .amended to read as follows: Section 6-14. Issuance; fees. Except as provided in Section 6-3, no ,person shall engage in any land disturbing activity, as defined in Section 6-2 within the County until he has acquired a land disturbing permit-and paid a fee for same to the County in the amount of Seventy Dollars ($70.00) plus Ten Dollars ($10.00) per acre of land to be 4'~ ~o~K 14 .~~:~ ~ 1_~ disturbed. Issuance of a land disturbing permit is conditioned on an approved erosion and sediment control plan which or certification of such shall be presented at the time of application for such permit and, in addition, .the requirements of Section 6-11 concerning a performance bond, cash escrow, letter of credit, any combination thereof, or such other legal arrangement as is acceptable under the provisions of Section 6-13 and to the fees herein levied for .land disturbing activities... A plan review and inspection fee as adopted by the Board of Supervisors shall be paid at the time of filing erosion and sediment control plans. AN ORDINANCE TO AMEND THE WETLANDS ZONING ORDINANCE OF .ISLE OF WIGHT COUNTY TO INCREASE APPLICATION/ADMINISTRATIVE FEES BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of.the County of Isle of Wight, Virginia, that Section 17-3(cj of the Isle of Wight County Wetlands Zoning Ordinance be amended to read as follows: ' 1 17-3(c). A non-refundable processing fee to cover the cost of processing the application, in the amount of Seven Hundred Dollars ($700.00), shall be accompany each application... AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE O.F WIGHT COTJNTY TO INCREASE APPLICATION/ADMINISTRATIVE FEES BE IT AND IT IS HEREBY ORDAINED by the Board of S.uperviso~s of the County of Isle of Wight, Virginia, that the following Sections of the Isle of Wight County Subdivision Ordinance be`amended to read as follows: Section 3.7: Fees. For the review of plats and plans as required by this ordinance, the subdivider shall-pay to the County of Isle of Wight a fee of Thirty-Five Dollars ($35.0.0) plus Five Dollars {$5.00) per lot for subdivision plats of less than ten (10) lots and One Hundred Fifty Dollars ($150.00) plus Five Dollars ($5.00) per lot for subdivision plats of ten (10j lots or more. Section 4-4-11. Bond• review fee. 1 .Before any subdivision plat will be finally approved by the governing body the subdivider (owner) shall, in lieu of construction, furnish bond with surety in an amount calculated by the governing body to secure the required improvements• in a workmanlike manner, and in compliance with the Subdivision Ordinance requirements and in accordance with specifications and construction schedules established or approved by the appropriate engineer, which bond shall be payable to and held by the governing body. An administrative fee for bond-review shall be paid at the time the bond is submitted to the County in the amount of One Hundred, Seventy-Five Dollars {$175.00). Administrative review fee for renewal of such bands shall be in the amount of One Hundred Seventy-Five Dollars ($175.00). AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO INCREASE APPLICATION/ADMINISTRATIVE FEES BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors 6 of the County of ,Isle of Wight, Virginia, that the following Sections of the Isle of Wight County Zoning Ordinance be amended to read as follows: 5D-2-1. Applications for rezoning to R-MH-TP and/or conditional use permit shall require payment of an administrative fee to the County of Forty-Five Dollars ($45.00) per mobile home site and shall be filed with the Zoning Administrator and shall include the following: (Subparagraphs a, b, c and d are unchanged.) 10-1-1. Buildings or structures shall be started,: reconstructed, enlarged or altered only after a zoning permit has been obtained from the County Administrator and a fee paid for same in the amount of Ten Dollars ($10.00). 10-3-1. .All applications for conditional use permits shall be accompanied by certified check in the amount of Two Hundred, Fifty Dollars ($250.,00) plus Ten Dollars ($10.00) per acre of land involved., .payable to the .Treasurer of Isle of Wight County, Virginia.. Where publication is required pursuant to Section 15.1- 431.of the Code of Virginia for application for conditional use permits by this ordinance, the application fee shall be Five Hundred Dollars ($500.00) plus Twenty Dollars ($20.00) per acre of land involved. 10-4. All applications under this Section shall be accompanied by a certified check in the amount of Five Hundred Eighty Dollars ($580.00} payable to the Treasurer of Isle of Wight .County, ~~ `Virginia. 13-1-3. Pet' ' it~on s by propert owners for chan a in the zonin Y g g classification of property shall be accompanied by a certified i check in the amount of Four Hundred Dollars ($400.00) to rezone to li Agricultural use, Five Hundred Eighty Dollars .($580.00) plus Ten Dollars ($10.00) per acre. of land involved to rezone to Residential use, Eight Hundred Dollars ($800.00) plus Twenty Dollars ($20.00) per acre to rezone to Business or Lndustrial use. In addition, an application for rezoning shall require a -plat to be prepared in accordance-with .the requirements of the Subdivision Ordinance, which must be recorded in the Clerk's office for the Circuit Court of Isle of Wight County, Virginia, prior to the rezoning taking effect. If a boundary plat of the rezoned area is. not recorded within six (6)~ months of the approval of same by the Board of Supervisors of Isle of Wight County, Virginia, property will revert to the zoning classification_existinq prior to the action of the Board of Supervisors.' 13-1-5. Applications for review of site plans for approval prior to construction shall require payment of a fee of One Hundred Fifty Dollars ,_($150.00) plus Twenty Dollars- ($20.00) per acre for the first twenty (20)` acres and Ten Dollars ($1.0.00) per acre for the acres in excess of twenty (20) acres for new multi-family mobile home park, commercial, industrial and institutional and all others shall require a fee of Thirty-Five Dollars ($35.00) with resubmittal/revisions requiring a fee of Twenty Dollars ($20.00) payable to the County of Isle of Wight. The motion passed by unanimous vote (4-O) of those members present. // Chairman Bradby called for Appointments. There were no nominations for appointments. // 7 ,.. Chairman Bradby called for approval of the April 18, 1991 minutes. Supervisor Edwards moved the Board adopt the April 18, 1991 minutes of the Board. The motion passed by unanimous, vote (4-0) of those members present. 1 // .County Attorney Crook requested an Executive Session pursuant to Section 2.1-344 Al of the Freedom of Information Act for the purpose of interviewing the attorneys for delinquent tax collection and. an Executive Session pursuant to Section 2,1-344 A7 of the Freedom of Information Act for the purpose of discussion and advice of staff concerning negotiations for a contract agreement proposed by Smithfield Foods, Inc. ' At 8:00 P.M., Supervisor Edwards moved the Board go into Executive Session for the reasons stated by County Attorney Crook. The motion passed by unanimous vote (4-0) of those members present. 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 meeting on this date pursuant town 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; 1 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that as to the interviews of attorneys for. delinquent tax collection, to the best of each member's knowledge, (i) only public business matters .lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard,. discussed or considered by the Board of Supervisors. VOTE AYES: 4 NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 1 1 The motion passed by unanimous .vote (4-0) of those members present. County Attorney Crook stated concerning the discussion in Executive Session regarding a proposed agreement presented to the Board by Smithfield Foods that County Attorney Crook and Supervisor Edwards left the Executive Session and were not involved, -nor discussed the matter due to their declared conflict of interest as Smithfield Foods is a corporate client of Mr. Crook. ' Supervisor :Turner moved the Board adopt the following resolution: t' TIFICATION OF EXECUTIVE MEETING 8 ,,_~ ~~aoK 14 ~~~~~~0 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 R~:SOLVED that the Board of Supervisors hereby certifies that as to the executive session concerning the agreement proposed by Smithfield Foods, Inc., 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: 3 NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 2 The motion passed (3-0) of those members participating. // At 10:00 P.M., Supervisor Edwards moved the Board adjourn. The motion passed by unanimous vote (4-O) of those members present. Henry H. Bradby, Chairman Myles 1 1 1 9