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11-07-1991 Regular Meeting~~ ' REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED NINETY ONE 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 Donald T. Robertson, Assistant to the ' County Administrator .Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to order at 2:00 P.M. The invocation was delivered by Supervisor Edwards. // Chairman Bradby asked Joris Bradby to approach the podium and he then read into the record a resolution honoring her professional accomplishment and outstanding service to the County. Whereupon, Supervisor Ross moved the Board adopt the following resolutions RESOLUTION OF APPRECIATION TO MRS. JORIS O. BRADBY, UPON HER RETIREMENT, FOR HER OUTSTANDIN3 SERVICE TO ISLE OF WIGHT COUNTY WHEREAS, Mrs. Joris Bradby has rendered untiring service to the County of Isle of Wight and the Commonwealth of Virginia Cooperative Extension Service since November, 1959; and, WHEREAS, Mrs. Bradby has served the County in the capacity of Secretary Senior in the Extension Service Office; and, WHEREAS, effective September 30, 1991, Mrs. Joris Bradby has retired from the Extension Service. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors recognizes and commends Joris Bradby for her outstanding service to this community and to the Commonwealth for over thirty-two years. The motion passed unanimously (5-0). // Chairman. Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer of the Virginia Department of Transportation, stated on October 30, 1991, VDOT received final acceptance of the project on Route 661 (Sugar Hill Road) in which the road was widened and aligned. Mr. Neblett further stated improvements would be started the first of the year on Route 620, between Route 654 and Route 665, which would include widening the existing alignment at a cost of approximately. $272,000. Mr. Neblett continued VDOT was. beginning to put replenishing. stone on some of the gravel roads throughout the aooK , 14 ra.~:- 7~a ~ County which will be continuing for the next several months. and was also finishing up with mowing operations for the season along with continuing their snow removal operations for this upcoming season. County Administrator Standish stated the Secretary of Transportation recently introduced a proposal requiring a 20~ local match for secondary road construction which, if implemented, would be a new expenditure for the County in the amount of approximately $180,000. County Administrator Standish then presented a letter, prepared for the Board's consideration, addressed to Governor Wilder and Secretary Milliken indicating the County's objection to same. Mr. Neblett stated he would encourage the Board to attend the public hearing to voice their objections to the subject proposal. Supervisor Turner moved the Board authorize Chairman Bradby to .sign the letter on behalf of the County. The motion passed unanimously (5-0). Supervisor Edwards requested that a copy of the letter also be sent to all present and elected legislators. Chairman Bradby called for comments by the Board on highway matters. Supervisor Bradshaw stated water was blocking a place on the road on Route 58 from Franklin to Suffolk and requested Mr. Neblett to look into the matter. Supervisor Edwards stated the dirt needed replenishing on the dirt road past the Courthouse where it meets Route 258. Chairman Bradby called for citizens with highway matters. Grace Keen stated there is an obstruction on Route 600 at the hill. Mr. Neblett stated he would check into the matter. /1 Chairman Bradby called for a public hearing on the following applications A. The application of Raymond Conley for a change in zoning classification from •A-1, Agricultural Limited, to CA-2, Conditional Agricultural General, five (5) acres of land located on the south side of Route 600, between Route 602 and Routes 10 and 32, in Newport Magisterial District. The purpose of the application is to locate and operate a barber shop in an existing accessory structure on the property. Chairman Bradby called for citizens to speak in favor. Raymond Conley appeared. Chairman Bradby called for. citizens to speak in opposition. ao~~ 1.4 .~~,_ 77 ~~ No one appeared. Chairman Bradby called for comments by the Board. Supervisor Turner moved the Board approve the application of Raymond Conley. The motion passed unanimously (5-0). B. T.he application of Isle of Wight County, owner, Moody's Sanitation and Septic .Tank Service, lessee for a change in zoning classification from A-l, Agricultural Limited to Conditional M-1, Conditional Industrial. Limited, approximately 1.5 acres of land located on the north side of Route 699, between Route 708 and 713, in Hardy Magisterial District. The purpose of the application is for the assembly of pre- fabricated septic tanks and on-site storage of related equipment and materials. Chairman Bradby called for citizens to speak in favor. No one appeared. Chairman Bradby called for citizens to speak in opposition. James P. Cox, Jr. of Alexandria, Virginia appeared. Mr. Cox stated he owned property directly across from the property proposed to be rezoned and felt industrial spot zoning in an agricultural area of this nature would not be appropriate because of the possible problems it may cause current residents due to increased traffic, dust and trash. Parks Laughinghouse stated spot zoning of this nature is not appropriate in an agricultural area and because of increased traffic, he would have to request that the County pave the road, which is now dirt. Supervisor Edwards questioned when the landfill closure would be completed. County Administrator Standish replied the closure plan has been at the State for approximately ninety days and was still under review by the Department of Waste Management. Supervisor Edwards questioned if the rezoning was approved, would it have an impact on the closure plan. County Administrator Standish replied no, that this was e fenced-in area outside the landfill site. Chairman Bradby stated he had received calls from concerned citizens about the proposed rezoning. Supervisor Bradshaw stated he was under the impression that the application consisted only of storage of septic tanks and drainfields, .but now included storage of dumpsters and garbage. trucks. County Administrator Standish stated the initial application was for a septic tank assembly area and storage of parts and materials, but the zoning permit was more specific to include storage of dumpsters, garbage trucks and semi-trailers. 8901 ~~ %ai `~~"' Supervisor Ross stated he felt the Board .should start directing this type of operation to the County's designated industrial areas now in effect. County Attorney Crook stated there was also a problem with the lease in that it calls for storage and assembly of pre-fabricated septic tanks and septic tank drainfield material and no other purpose whatsoever, although the proffers now include storage of dumpsters, trucks and other matters. Chairman Bradby then moved the Board deny the application of Isle. of Wight County and Moody's Sanitation and Septic Tank Service. The motion passed unanimously (5-O). // Chairman Bradby called for Citizens' Comments. There were no citizens' comments offered for discussion. // Chairman Bradby called for the Community Development report. There was no Community Development report offered for discussion. // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated he did not have any specific items for discussion. by the Board in open session. // Chairman Bradby called for the County Administrator's report. Supervisor Ross moved the Board adopt the following resolution: RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF VIRGINIA'S VIETNAM VETERANS WHEREAS, thousands of Virginians, many from Isle of Wight County, served in the United States Armed Forces during the Vietnam War; and, WHEREAS, these Vietnam. Veterans sacrificed personal comfort and professional opportunity to support their Country in a time of need; and, WHEREAS, many .Virginians were wounded, held as prisoner of war, and/or lost their lives in an effort to preserve freedom for others; and, WHEREAS, these brave men and women honorably represented Isle of Wight County, the Commonwealth of Virginia and the United States. of America; and, WHEREAS, the Commonwealth of Virginia has established November 11, 1991 as a day to honor all Vietnam Veterans. ' ~~~ 0GK ~ ~ ., _ 9 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that all persons are requested to observe this date to acknowledge the sacrifice and contribution of all the men and woman who honorably served this nation during the Vietnam conflict, and to express to dedicated service. them the most sincere appreciation for their The motion passed unanimously (5-0). County Administrator Standish stated Mary Wells' recent retirement from the Extension Service effective September 30, 1991 which left funds in the current year budget allocated for that position. Bob Goerger of the Extension Service stated Herb Jones and Mary Wells retired leaving the Extension Service staff diminished more than in the twenty-two years he has worked for the County. Mr. Goerger further stated the State was not in a position at this time to match funding, but if the Board would approve a portion of the remaining funds allocated for the Home Economics position occupied by Mary Wells before her retirement, the Extension Service could employ a 4-H Technician such as was done the previous year when Herb Jones retired. Supervisor Turner stated he would support such a request. because the Extension Service provided a great service to the County and were very short staffed. Supervisor Ross stated that although he agreed with Supervisor. Turner, the Board in the past had taken the stand that the County would not- fund things the State no longer wanted to support. Supervisor Ross continued he felt the Board should keep sending this message to the State if the Board wanted to be successful in its attempts to getting funds restored to local government. Mr. Goerger stated he was only requesting funds already allocated for that position, not additional monies. Supervisor Turner stated this request was within this year's budget to hire an employee on a temporary basis until the State fills the posit-ion at a future date and moved that the Board allocate funds in the amount of $6,500 for the part-time salary for an Extension Technician. The motion passed unanimously (5-0). Supervisor Turner moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE EIGHTY-SIX THOUSAND FOUR HUNDRED NINETY-ONE DOLLARS FROM THE FEDERAL GOVERNMENT FOR VARIOUS SCHOOL PROGRAMS WHEREAS, the School Board of the County of Isle of Wight has received grants for various programs; and, WHEREAS, the funds in the amount of eighty-six thousand four hundred ninety-one dollars ($86,491) need to be appropriated to the following programs in the 1991-92 budget of the County of Isle of Wight, Virginia: Special Education In-Service Funds $ 1,365 Drug Free Schools & Communities Act Funds 39,800 Chapter II Federal Funds 45,326 e(1~K ~-4 ~~~ ~'~~ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eighty- six thousand four hundred ninety-one dollars ($86,491) be appropriated to the programs listed above in the 1991-92 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion passed unanimously (5-0). Supervisor Edwards moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FORTY-FIVE THOUSAND NINE HUNDRED EIGHTY DOLLARS FROM THE FIDELITY & DEPOSIT COMPANY FOR ROAD IMPROVEMENTS AND WATER SYSTEM MODIFICATIONS AT MEYERS LANDING SUBDIVISION WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has contracted for road improvements and water system modifications at Meyers Landing Subdivision; and, WHEREAS, the funds in the amount of forty-five thousand nine hundred eighty dollars ($45,980) to be appropriated from the Fidelity & Deposit Company to the Meyers Landing Subdivision, contracted services line item in the 1991-92 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that forty- five thousand nine hundred eighty dollars ($45,980) be appropriated from the Fidelity & Deposit Company to line item 14-9401-7016,. Meyers Landing Subdivision, contracted services, in the 1991-92 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion passed unanimously (5-O). County Administrator Standish stated it was recommended to the Board they proceed with going to the bond market within the next sixty days for an amount not to exceed $10,000,000 and come back in the Spring for a second amount, to be determined by the Board, that will then constitute the total amount the Board wishes to spend on schopl construction. Supervisor Turner stated the $18,000,000 is the total debt which would include bond money as well as literary funds. County Administrator Standish stated the public notice and public hearing anticipate that the total debt will not be more than $18,000,000 regardless of the source. County Administrator Standish further stated the reason for the $18,000,000 amount is that if there is no literary fund, the County will have to absorb *~. soc~K X14 ~~~~- ~1 ~ it in the General Obligation bond issue. Supervisor Edwards questioned why it was cheaper for the County to put out $10,000,000 now and $8,000,000 next Spring, rather than the full $18,000,000. County Attorney Crook stated there was a tax advantage to $10,000,000 under the Tax Reform Act and, if the County stays with the $10,000,000, it can be underwritten by a financial institution and the County can .receive better interest points. Chairman Bradby stated he was unaware of the amount of money the School Board is requesting and he was concerned about the cost of the schools because the Board was talking about funding without knowing the actual cost. Supervisor Ross moved the Board set a public hearing for November 21, 1991 to approve the bond debt for the schools.- The motion passed unanimously (5.-0). County Administrator Standish stated included in the agenda envelope sent. to the Board was a proposed legislative package for the 1992 session of the General Assembly. .County Administrator Standish further stated one new item was a referendum on School Board appointments and that many communities are having difficulty in funding education. County Administrator Standish continued one alternative is to add 1$ to the sales tax which would almost fund the debt service of the bond issue for school construction. Supervisor Ross moved the Board approve the legislative priorities to be sent to the General Assembly with the deletion of "Compensation" and addition of a "1$ increase in sales tax for local use for education". The motion passed unanimously (5-0). County Administrator Standish stated tax bills were mailed out this morning which are ten days behind schedule and because. of the late billing, revenues will probably be received late, which does not help the delinquent tax problem. County Administrator Standish further stated as a result, the County may encounter cash flow difficulties towards the end of the month. Supervisor Turner stated the County had funds in Certificates of Deposit and other accounts and asked if there were sufficient funds in those accounts to be used. County Administrator Standish replied he did not know. Beryl Perry, Treasurer, appeared and stated the County encountered a cash flow problem last year because the tax money did not come in until December. Mr. Perry further stated if the County runs .short this November, the County may have to borrow money to carry the County through December when the tax money will come in. Supervisor Bradshaw stated he preferred to leave the money in Certificates of Deposit and borrow money if it was needed. Beryl Perry stated School payroll will be issued before Thanksgiving which may result in cash flow difficulties for the County. Mr. Perry further stated tax bills .being sent out a few days earlier would not improve the situation because the County usually did not receive tax revenue until the last week it was due. Mr. Perry stated concerning the rumor that the Treasurer's office is behind in mailing tax bills out, there was a scheduling problem aoc~K . ~4 ~~~~ ~? in which a thirty-day extension was granted by the State and that the Treasurer's office turned the bills over in record time this year. County Administrator Standish stated later in the meeting he would request an Executive Session of the Hoard relative to proposals received for data processing services. County Administrator Standish stated the Board would interview two proposers. // Chairman Bradby called for New Business. There was no new business offered for discussion. 1/ Chairman Bradby called for Old Business. There was no old business offered for discussion. // Chairman Bradby called for Appointments. There were no appointments. // Chairman Bradby .called for approval of the October 3, 1991 minutes. Upon recommendation of County Attorney Crook, Supervisor Ross moved the Board approve the October 3, 1991 minutes of the Board. The motion passed unanimously (5-0). // County Attorney Crook stated the Executive, Session requested by County Administrator Standish was pursuant to Section 2.1-344 Al of the Freedom of Information Act to interview for professional services. At 3:30 P.M. Supervisor Ross moved the Board take a ten- minute recess prior to going into Executive Session. The motion passed unanimously (5-O). At 4:35 P.M., 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 BOi?n 14 ~-~;:;' ~~ 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 AYESs 5 NAYSs 0 ABSENT DURING VOTES 0 ABSENT DURING MEETINGS 0 The motion passed unanimously (5-0). I/ At 4s40 P.M., Supervisor Ross moved the Board adjourn. The motion passed unanimously (5-0). enry H radby, Chairman /~2 Myles Standish, Clerk 1