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01-20-1994 Regular Meetingaoen 15 ~~~..580 REGULAR MEETING OF 'THE ISLE O~ DA OFOJANUARO SUPERVISORS HELD "THE TWENTI YEAR NINETEEN HUNDRED NII~TETY FOUR PRESENT: Steve W. Edwards, Chairman O. A. Spady, Vice Chairman Henry H. Bradby Phillip A. Bradshaw Malcolm T. Cofer 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 Edwards called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Bradby. // County Administrator Standish was designated to act as Chairman for the election of a new Chairman. Mr. Standish called for nominations for Chairman. Chairman Edwards nominated O. A. Spady as Chairman of the Board of Supervisors fo x11994 b a voile of (4-0) of the Boardal Supervisor Spady of Supervisors fo y abstained from voting. Chairman Spady called for nomiCofernas Vi a Chairmanlof the Supervisor Bradby nominated Malcolm T Board. of Supervisors for 1994. Malcolm T. Cofer was elected as Vice Chairman of the Board of Supervisors for 1994 by a vote of (4-0) of .the Board. Supervisor Cofer abstained from voting. Supervisor Cofer moved the Board designate Myles E. Standish as Clerk of the Board of Supervisors for 1994. The motion was unanimously (5-0) .adopted. Supervisor Cofer moved the Board designate the third Thursday of the month at 6:00 p.m. with public hearings to commence at 7:00 p:m. in the Board Room at the Isle of Wight Courthoueet for 1994 uThe motion was and time for the Board of Supervisors to m unanimously (5-0) adopted. // Chairman Spady called for Citizens Comments. e 1 G 1 1 90~M 15~ zar'~~~. ,i John Kaminski, a disabled veteran, requested tax relief on his truck for years 1992 and 1993 be made retroactive with the effective date of January 1992 and 1993. Mr. Kaminski stated he would further request that the effective date be January 1993 on the proposed. ordinance under consideration by the Board concerning tax exemptions for disabled veterans. Dave Turpin requested the developer be required to improve the roads in the Ashby Subdivision to VDOT standards. . // Chairman Spady called for Transportation Matters. 1 1 MacFarland Neblett, Resident. Engineer, Virginia Department of Transportation, noted the bridge replacement project on Beale Place Drive is complete. W. Douglas Casket', Assistant County AdministratorlCommunity Development, stated during the next several months the Board will give consideration to funding sources for primary and secondary road construction and improvement projects in Isle of Wight County. Mr. Casket' stated the Board should, in the next few months, hold a public hearing to prioritize the County's. secondary six-year construction program and hold a public hearing in February for projects being considered for funding under the Federal Transportation Enhancement Program.. Mr. Casket' stated the Board should also give consideration to the allocation of revenue sharing funds with apre-allocation hearing in March for projects under consideration for inclusion in the Six-Year Improvement .Plan for Interstate, Primary ar-d Urban projects. Supervisor Bradshaw moved the Board authorize an advertisement for public hearing for the February 17, 1994 meeting relative to transportation enhancement funds. The motion was unanimously (5-0) adopted. Mr. Casket' stated County staff has prepared a Position Statement for the Board's consideration concerning the Comprehensive Stormwater Detention Agreement which recommends that VDOT expand its customary and normal maintenance of .drainage facilities for public roads in the State's secondary road system to include Stormwater management facilities which serve these same public roads. Supervisor Edwards moved the Board adopt the following Position Statement and communicate such Statement to VDOT, VACO, the County's legislative delegation and any. other locality having an interest in this issue: POSITION STATEMENT ON THE MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION The Board of Supervisors of Isle of Wight County recognizes. the historic and customary role and responsibility of the .Virginia Department of Transportation in properly maintaining drainage facilities associated with 2 so~K ~5.~-~58? public roads included in the State Secondary Road System, particularly those public roads serving residential subdivisions. In light of such responsibility, the Board of Supervisors of Isle of Wight County calls upon the Virginia Department of Transportation to expand. its customary and normal maintenance of drainage facilities for public roads. in .the State Secondary Road System to include stormwater management facilities which serve these .same public roads. This statement of position is based on the following points: 1. .Isle of Wight County, along with eighty-nine (89) other communities, are mandated by the State's Chesapeake Bay Preservation Act (CBPA) and its implementing regulations to ensure that residential subdivisions provide for the proper management of stormwater runoff for the protection of water quality. This runoff is generated primarily by VDOT owned and maintained public roadways as well as by adjacent building lots and is normally directed to stormwater detention or .retention facilities. 2. All new Secondary Road System projects undertaken by the Virginia Department of Transportation are required by the State's stormwater Mana e~ment ~SWM? Regulations to construct stormwater management facilities. The long term maintenance of these facilities is the responsibility of VDOT. 3. The technical design and maintenance requirements of stormwater management facilities for the CBPA and the SWM regulations are to be identical because of a recent directive by Virginia's Secretary of Natural Resources. 4. The Virginia Department of Transportation currently possesses the expertise and the necessary equipment to properly maintain .stormwater management facilities. 5, By providing for the long term maintenance of stormwater management facilities, the Virginia Department of Transportation would readily ensure the protection of water quality from .stormwater runoff is continuous and unimpeded into the foreseeable future. A beneficial condition which is intended by the State's Chesapeake Bay Preservation Act and stormwater Management Regulations. In conclusion, the .Board of Supervisors of Isle of Wight County believes .that the communities subject to the unfunded mandate of the 3 9o~r, 15:~.;~583 .:t . State's Chesapeake Bay Preservation Act should be accorded relief to its impact on scarce local revenues. A minor relief, particularly for rural localities, could be expeditiously achieved by a slight expansion of the Virginia Department of Transportation's customary and normal role of maintaining drainage facilities for public roads so as to include stormwater management facilities. The motion was unanimously (5-0) adopted. Chairman Spady .moved the Board direct County staff to send the Position Statement to every locality that comes. under the jurisdiction of the Chesapeake Bay Act. The motion was unanimously (5-0) adopted. Mr. Neblett requested. the .Board forward .their requests for improvements in the secondary system to him as VDOT will hold a work session with the Board in March with a public hearing to follow in April. Mr. Neblett stated there will be apre-allocation hearing in March to provide the County an opportunity to make its requests for the primary and urban improvements. 1 Mr. Neblett stated the Stormwater Detention Agreement refers to roads that are constructed within subdivisions only that the County requests VDOT take into the secondary road system. In response to an inquiry by Supervisor Cofer, Mr. Neblett .responded that the pond on Battery Park Road was built as part of a VDOT improvement and VDOT is .responsible for the maintenance of it. Mr. Neblett stated as a result of the Federal Highway Administration's plan to convert all regulation, publications, data collection and Federal aid construction contracts to metric measures by 1996, VDOT is beginning to convert all of their pre-construction activities to the .metric system. Mr. Neblett stated after June of 2000, all VDOT projects will be advertised in metric units. Supervisor Bradshaw requested Mr. Neblett to continue to follow up with the former Supervisor Joel Bradshaw's road concerns and inquired if paving the Carrsville Highway was in the Plan.. Mr. Neblett stated that although portions of Route 58 Business are in the Plan to be repaved, the program is updated each year and he hopes VDOT will be able to pave at least a couple of sections in the upcoming year. Supervisor Cofer requested a status report on the utility pole on Route 661 in Smithfield County Administrator Standish advised a meeting had been tentatively scheduled .with the Smithfield Town Manager and a representative of the Richmond Economic Development Office of Virginia Power concerning Route 661. 4 eo~+c 15 ~~~:-58~ Supervisor Cofer requested that Mr. Whitmore of Smithflield be notified of the meeting date and time and that he be invited to participate in the discussion. Chairman Spady requested the status of Laurelwood Drive. County Attorney Crook stated he has advised Mr. Caske eed. VDOT by letter of the necessary language to be used to rewrite the d // Chairman Spady called for the Community Development report. Mr. Caskey presented the following application for the Board`s consideration: Application for permit to hold bingo games submitted by the Isle of Wight County Public Recreational. Facilities Authority Mr. Caskey stated the application has been reviewed by the Sheriff's Office, the Director of Budget & Finance and the Superintendent of Inspections. Supervisor Bradshaw moved the Board approve the application. The motion was unanimously (5-0) adopted. Mr. Caskey stated the Board report included in the agenda on cash proffers illustrates examples that have been applied in other jurisdictions. Mr. Caskey distributed to the. Board a sheet il~uere to adoatna1100% revenues from cash proffers, i.e., if the County P maximum supportable cash proffer system; a 50% maximum .supportable cash proffer system and a 25% maximum supportable cash proffer system for the Cypress .Creek Subdivision, the Gatling Pointe Subdivision, the Waterford Oaks Subdivision and the Hidden Acres Subdivision. Supervisor Bradshaw moved the Board accept the Cash Proffer Study as presented by Tischler and Associates, Incorporated. The motion was unanimously (5-0) adopted. Chairman Spady requested a report on percentages other localities are using for cash proffers. Supervisor Cofer. moved the Board direct the County Attorney to prepare an amendment. to the Zoning Ordinance addressing cash proffers and that it be brought back to the Board for consideration. The motion was unanimously (5-0) adopted. Mr. Caskey stated the Board under separate cover received a report on the proposed Watershed Ordinance for the City of Portsmouth concerning the regulation of activities within the designated watershed that flows into the City of Portsmouth's reservoirs located in Suffolk and Isle of Wight County. Mr. Caskey stated it is staff's contention that the City of 1 i ~_ 5 eu~K 15 ..:P53 Portsmouth proposes to exceed its authority under the amendments to its City charter because it proposes the implementation of the protection of Portsmouth reservoirs by prohibiting certain land. uses that are identified as high risk activities from locating within the watershed, part of which is in Isle of Wight County .and requires all other land uses ,within the watershed to utilize stormwater management practices under a permit to be issued at the discretion of the City of Portsmouth's Director of Utilities. Supervisor Bradshaw inquired what impact this would have on current land users, particularly in .regards to farmers. County.Attorney Crook explained the City of Portsmouth desired to amend its charter in an effort to control the watershed around Portsmouth's reservoirs and, as a result of Isle of Wight Count}~s opposition, Portsmouth deleted the language giving them authority outside of their lands.. Mr. Crook stressed that the ordinance does not control the entire watershed and Portsmouth does not own land in Isle. of Wight County. Mr. Crook stated that while Portsmouth can adopt the proposed ordinance, it has no effect in .the County of Isle of Wight, and he would suggest that a letter be sent to the City of Portsmouth reiterating the actions of the General. Assembly and the limited authority Portsmouth can exercise. 1 Supervisor Cofer moved the Board direct the County Attorney to prepare a letter to be sent to Portsmouth's City Attorney. The motion was unanimously (5-0) adopted. // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda to hear the public hearings. The motion was unanimously (5-0) adopted. // Chairman Spady called for a public hearing on the following ordinances: A. An Ordinance to Amend an Ordinance to Provide Exemptions From Taxation of One Motor Vehicle of Disabled Veterans 1 County Attorney Crook stated the Board previously chose to make exemptions for volunteer fire departments, rescue. squads and vehicles equipped for individuals with disabilities, and later authorized the preparation of the proposed amendment to add veterans who are certified by the Department of Veterans Affairs as disabled. Mr. Crook further stated Mr. Kaminski requested that the ordinance be made retroactive, but he would advise against making any ordinance retroactive. Supervisor Edwards stated it is appropriate for the Board to recognize this type of dedication and service and moved the Board adopt the following ordinance: 6 ,BOCK 15:~::~586 AN ORDINANCE TO AMEND AN ORDINANCE TO PROVIDE F,XEMP•TIONS FROM TAXATION OF ONE MOTOR VEHICLE OF DISABLED VETERANS • WHEREAS, the General Assembly for the Commonwealth of Virginia has provided by various Acts now embodied in Title 58.1, Chapter 35, f Article 1, Section 58,1-3506 of the Code of Virginia, as amended, that the governing body of any county may, by ordinance, provide for the exemption from taxation of certain tangible personal property for physically handicapped individuals, members of volunteer rescue squads or members of volunteer fire departments, motor vehicles owned by persons who have been appointed to serve as auxiliary police officers, and one motor vehicle of a disabled veteran; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, by ordinance adopted March 15, 1990, exempted from taxation certain motor vehicles owned by members of volunteer rescue squads, members of volunteer .fire departments and 1 manodr vehicles specially equipped for physically handicapped ~ndividua , WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it to be in the best interest of the taxpayers of Isle of Wight County to provide for exemption from taxation of a motor vehicle owned and regularly used by a veteran who is currently disabled within the County. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDua ~DSection Board of Supervisors of Isle of Wight County, Virginia, pur 58.1-3506 of the Code of Virginia of 1950, as amended, that Section 15-4.2 of Chapter 15 of the Isle of Wight County Code be amended by adding thereto the following as paragraph (a) (1) thereof: (a) (1) One motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or hand, or who is blind or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. In order to qualify the veteran shall. prother assessinn statement to the Commissioner of Revenue o g officer from the Department of Veterans' Affairs that the veteran has been so designated or classified by the Department of Veterans' Affairs as to meet the requirement of this section, and that his disability is service connected. For purposes of this section a person is blind if he meets the provisions of Section 46.2-739 of the Code of Virginia. The motion was unanimously (5-0) adopted. B. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County, Virginia Regarding Fencing 7 i aa~r 15..~::~537 Requirements for .Borrow Pit Restoration County Attorney Crook stated the County's ordinance previously included a mandatory fencing requirement for restoration of borrow pits and it was suggested that the Board consider removing the mandatory ' provision during restoration and allow the Administrator. to determine whether a fence should be required depending on the circumstances of the borrow pit and that it also be added to the borrow pit operational provisions of the Zoning .Ordinance. Mr. Crook stated the Planning Commission recommended to the Board the adoption of the amendment for the operation phase only and the Board adopted the addition of the requirement under the operation but held off from voting on the restoration phase pending the action of the Planning Commission. Mr. Crook stated at their last meeting the Planning Commission voted (10-1) not to repeal the provision for fencing during restoration. Supervisor Cofer moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA REGARDING FENCING REQUIREMENTS FOR BORROW PITS RESTORATION 1 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the following Section of the Zoning Ordinance of Isle of Wight County, Virginia be amended to read as follows under the Restoration Requirements for Borrow Pits: 10-11-4 4 Fencing/Gate Requirements The Administrator, as .herein defined, may require the entire excavation area to be fenced with gates constructed at all entrances to be kept. locked at all times when not in use. The Administrator shall determine the type of fencing and gates taking into consideration the activity to be conducted, the location of the site relative to adjoining property owners, degree of development of the surrounding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public. The motion was unanimously (5-0) adopted. C. An Ordinance to Amend the Subdivision Ordinance of-Isle of Wight County, Virginia to Restrict Off Site. Septic Tanks and Jor Drainfield Systems County Attorney Crook stated the Planning Commission does recommend to the Board the proposed ordinance which provides for septic tanks to be located on the lof proposed for recordation. Mr. Crook stated staff studies performed of adjoining jurisdictions reflect that virtually all require drainfields be located within the boundary lines of the lot. 8 r BOQK 15 ~~~:~5~8 Mr. Casket' stated implementation of the ordinance would apply to platted new lots only and would not be retroactive to pre-existing lots. Mr. Casket' stated as this is an amendment to the Subdivision Ordinance, it would require that subdividers certify that the lot will perk within the limits of the lot being platted. Supervisor Bradshaw inquired how subdivisions that are in the planning stages now would be affected. County Attorney Crook stated it would depend on how much development has gone on and the County would have to determine whether a subdivider has vested rights. uMr. la d fora the1drainf eldlsthe has good building sites, but not adeq developer would need to make the lot bigger to accommodate the septic tank/drainfield. Chairman Spady asked Mr. Casket' to elaborate on the 100% backup requirement. Mr. Casket' stated within the Chesapeake Bay watershed the proposed ordinance mandates that the septic tank/drainfield and any reserve drainfield system be located on the lot for it to be a viable building site. .Supervisor Bradby moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA TO RESTRICT OFF SITE SEPTIC TANKS AND/OR DRAINFIELD SYSTEMS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the following Section 44-4-1 be added to the Subdivision Ordinance. of Isle of Wight County, Virginia, to read as follows: 4-4-4-1. When the subdivider proposes an individual sewage disposal system for each lot as hereinabove provided, said subdivider shall provide adequate area of suitable soil for the location of the sewage disposal system totally within the boundary lines of said lot. Where reserve drainfields are required by County,. State or Federal statutes, ordinances or regulations, adequate space for the location of said reserve drainfield shall also be located totally within the property lines of the individual lot to be served. The motion was unanimously (5-0) adopted. 1 Chairman Spady called for a public hearing. on the following Special Use Permit:. 9 1 ~~ 1 II so~K 15:~.:~5~9 Application of L. John Kuhnemann, owner; Roger and Amelia B. Healey, prospective :owners, for a .Special Use Permit to operate a "bed and breakfast" in an existing single family residence located at 13357 Four .Square Road (Route 620) which is located between Magnet Drive (Route 680) and Courthouse Highway (Route 258) in Hardy Magisterial District. Roger Healey, prospective owner, explained his proposed activity in ' detail for the Board. Supervisor Cofer moved the Board approve the application. The motion was unanimously (5-0) adopted.. . Chairman Spady called for a public hearing on the following: Draft Chesapeake Bax Preservation Area (CBPAI .Program Sunpl~ement to the Isle of Wight County Comprehensive Plan Mr. Caskey stated at the time the Comprehensive Plan was being developed the Chesapeake Bay Local Assistance Department (CBLAD) had not finalized its requirements under the Chesapeake Bay Preservation Act. Mr. Caskey stated the intent of .the supplement is to satisfy the requirements of CBLAD. Mr. Caskey stated the supplement is a requirement of the State and funded by the State through a grant approved by the Board and the County has contracted with HRPDC for primary input in the Plan. John Garlock, Director of Fiscal Environmental Planning with HRPDC, stated CBLAD requires a database to support a land use policy and includes areas such as shoreline erosion, -land use water quality conflicts, physical constraints to development, protection of potable water, relationship of land use to marine resources, public and private access to the waterways, existing pollution sources and potential areas of water quality improvement that might be obtained through redevelopment activities.. Mr. Garlock stated CBLAD regulations require that shoreline erosion and public and private access to the waterways be addressed and the reason they are,not addressed in this supplement is because HRPDC has a program underway for all fifteen localities in the region addressing these items. Mr. Garlock stated CBLAD has indicated that these areas will be considered at the time } that the HRPDC's study is complete for all fifteen localities. Mr. Garlock stated the Plan outlines six objectives addressing each of the areas required by CBLAD to be included in the Plan and outlines strategies on how each of these can be achieved. Mr. Garlock stated the. focus is to work with the State agencies to implement programs based on the responsibilities of State and local government to work with the HRPDC in technical analysis and educational activities. Chairman Spady asked how many other jurisdictions have adopted the supplement. Mr. Garlock replied the proposed .supplement is .the County's exclusively, but York County, James City County and Williamsburg have 80QK 15 •At?+~:Jo been certified consistent with the State requirements pending completion of the erosion and public and private access elements. Supervisor Bradshaw asked how the citizens' concerns Here handled when the matter was considered by the Planning Commissio Mr. Caskey stated concerns were expressed relative to resource protection areas (RPAs) that may not have been mapped on the property owned by Norfolk Southern Corporation and therefore may not be showing up on the Count}~s maps for RPAs. Mr. Caskey stated the Planning Commission did briefly discuss the matter and it was indicated by staff to the Planning Commission that the Plan and mapping system of RPAs has been. fully endorsed by CBLAD who has found no basis for errors in the mapping• Supervisor Bradshaw stated the Planning Commission has made the assumption that the report as presented by the State is 100% accurate. Supervisor Bradshaw stated even though the citizens voiced their concern that there could be some inaccuracy in the report, the Planning Commission did not review the citizens'. concerns. Mr. Caskey stated the concern voiced from citizens related to site .specific concerns on a particular piece of property. Supervisor Bradshaw stated the Board represents the citizens of the County and should adequately address any concerns. Supervisor Bradshaw stated the Planning Commission and the Board should take time to address concerns when presented which the Planning Commission o ge nment Supervisor Bradshaw stated the point is missed in County g when the concerns of the people go unaddressed and the Board should make the point to the Planning Commission that they should address the concerns of people. Chairman Spady asked if the citizens' .concerns were the same concerns voiced at the public hearing when the Norfolk Southern property was rezoned. Mr. Caskey stated concerns were expressed at the time of the Norfolk Southern rezoning concerning some of the issues relative to enviroe recetntly sensitive areas and some of the concerns were those mo y expressed at the hearings held in Windsor by the Department of Fish and Wildlife and the Corps of Engineers because of the particulars of the site and the application pending before the Federal and State ageBoard and Caskey stated in 1993 Norfolk Southern came before the prepared a Water Quality Impact Assessment Document which received review by the Planning Commission and approval by the Board. Mr. Caskey stated there were concerns at that time that, there may be areas within this piece of property that have not been mapped as RPAs and CBLAD has certified that the County's efforts to map its RPAs and resource conservation areas do meet the State's requirements. Supervisor Cofer stated he understood Supervisor Bradshaw's 11 G eo~r, ~S.:M:~~S`~1 concerns, however, the decision rests with the Corps of Engineers. Supervisor Bradshaw moved the Board return the matter to the Planning Commission for them to address the concerns of the citizens as presented earlier to them. The motion was unanimously (5-0) adopted. // ' Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was unanimously (5-0) adopted. At 7:50 .p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was unanimously (5-0) adopted. // Upon returning to open session at 8:00 p.m., Chairman Spady called for the County Attorney's report. County Attorney Crook stated the Board selected the McClain Gruup, Inc. for negotiations for contract concerning the Count}~s data processing study and he would recommend the agreement as presented. Supervisor Bradshaw moved the Board accept the agreement as presented. The motion was unanimously (5-0) adopted. 1 County Attorney Crook stated effective, July 1, 1993, the General Assembly. amended the statute allowing counties to license dogs by providing that counties may also require licensing for cats. He stated he has prepared a new Animal Control Ordinance to include licensing of cats as well as other revisions to comply. with State law and he would like authorization to advertise for public. hearing. Chairman Edwards noted this. would assure all. cats receive rabies shots. 1 Chairman Spady moved the Board authorize the County Attorney to advertise the proposed Animal Control Ordinance for public hearing. The motion was unanimously (5-0) adopted. County Attorney Crook distributed a lease agreement for the Board's consideration between the County and the Town of Smithfieldfor an HRSD pumping station to be located on County-owned property. Mr. Crook stated the lease would be fora 99 year period at an annual cost of $1 and was prepared by the Town Attorney. . Supervisor Cofer moved the Board authorize the Chairman to sign the lease agreement between the County and the Town of Smithfield. The motion was unanimously (5-0) adopted. .County Attorney Crook stated the period of time for performance on the subdivision agreement for the Ashby Land Trust expired as of 12 w ~eoeK 15 ~~~~5~~ December 31, 1993. Mr. Crook stated he has met with representatives of Ashby Land Trust and informed them that if a cash bond is not in place as of tonight he would bring the matter to the Board's attention for their action. ' Chairman Spady stated he has spoken with some of the people involved and they have requested 20 days to clear the matter up. Chairman Spady stated he believed the County could begin the process of preparing the .suit papers and if the matter is not cleared up within 20 days, the County could proceed with suit. County Attorney Crook stated he was requested by a representative of Ashby Land Trust to ask the Board if they would accept an Irrevocable .Letter of Credit from a local bank rather than requiring a cash bond. Supervisor Edwards moved the Board direct the County Attorney prepare the suit papers and be .prepared to #ile in 21 days unless an Irrevocable Letter of Credit issued by a local bank or cash bond in an amount set by the Department of Community Development is received obligating the developers to complete all improvements within six months. The motion was unanimously (5-0) adopted. County Attorney Crook stated the FFA-FHA is .going to ask the General Assembly to change the statute to cover them for tax exemption for their Morgart's Beach property, beat there is no required action on the Board's .part because they have a statute in place which exempts FFA-FHA's property. Mr. Crook stated the property under discussion is held under the name FFA Camp Association which is not mentioned in the State statute and would require a statute change to be included for exemption purposes. Supervisor Bradby moved the Board table the matter to their February 17, 1994 meeting. The motion was unanimously (5-0) adopted.. /I .Chairman Spady called for the County Administrator's repork. M. Christine Ledford, Director of Budget & Finance, stated included in the agenda is estimated school construction costs for the Phase I and Phase II projects for FY1991-1999. Mrs. Ledford stated • the debt service schedule illustrates the County's existing debt, as well as two proposed bond issues of $10 million and $5.75.million to be undertaken in 1994 and 1995. Mrs. Ledford stated the traditional debt structure is shown, i.e., lower - principal and declining interest, whereas the previous two issues of this past August 1993 and December 1991 had low principal in the front end and high principal in the back end. Mrs. Ledford stated there are various methods the County can consider based upon its ability to pay the debt and principal. County Administrator Standish stated the Board has approved Phase I and needs $5.6 million to complete it. 13 ~J eo~K 15 ~~.;r~~.~3 Supervisor Bradshaw stated it will not cost the County any additional money to float the next bonds in the long run and the County can do the same thing with the next series of bonds as done with the first which is to have the cash flow less in the first few years and impact the County in the last years. Supervisor Cofer asked staff to have the School Board prepare a projected schedule of draw down based on the money the County has ' borrowed and have in the account to be paid out on projects: already approved by the.- Board. County .Administrator Standish stated he would recommend. the Board authorize a public hearing and have staff work with the schools on the cash flow analysis. Supervisor Bradshaw moved the Board authorize a public hearing to be advertised for the February 17, 1994 meeting for a minimum amount of $5.6 million to complete Phase I. County Administrator Standish stated Springdale Housing, Inc. is requesting the Board's favorable consideration for tax exemption. Mr. Standish noted that Springdale Housing, Inc. is required by law to ask for tax exempt status although the Board's denial of their request will. not impact their HUD funding. 1 Supervisor Cofer moved the Board deny the request.. The motion was unanimously (5-0) adopted. Chairman Spady requested the County Administrator write a letter to representatives of Springdale Housing, Inc. explaining the County's reasons for declining their request. County Administrator Standish stated he has had several discussions with the Mayor of Windsor relative to the status of their street signs and he has proposed a cooperative arrangement where the County would put up a variety of new signs and the Town would pay for replacement of all. existing. signs. Mr. Standish stated he would recommend the Board favorably consider this as it strengthens the E-911 system with an estimated cost to the County of less than $1,500. Supervisor -Cofer pointed out that the Town of Smithfield and the Town of Windsor are both incorporated towns and asked the County Administrator if the same undertaking would be offered to .the. Town of Smithfield. 1 County Administrator Standish stated he would say yes if they are both in the same type of situation. Supervisor Bradby moved the Board approve the arrangement with the Town of Windsor and authorize the County Administrator to work with the Town to replace the signs. The motion was unanimously (5-0) adopted. 14 eoeK 15 >G~;i5~.~4 County Administrator Standish stated he would encourage the Board to oppose the State legislation regarding a $10 per ton disposal. fee as proposed by the Department of Environmental Quality. Supervisor Cofer moved the Board authorize the County Administrator to write a letter to the County's legislative delegation stating 'the Count}~s opposition to any proposed solid waste disposal fee. The motion was unanimously (5-0) adopted. Chairman Spady requested staff represent the County in Richmond when the matter is discussed at the General Assembly. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIFTY DINE THOUSAND SEVEN HUNDRED FIFTY DOLLARS FROM THE E911 FUND BALANCE. FOR COMMUNICATIONS IMPROVEMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for communications improvements; and, WHEREAS, the funds in the amount of fifty nine thousand seven hundred fifty dollars ($59,750) need to be appropriated from the E911 fund balance for communications improvements to the E911 fund in the 1993-94 budget of the .County of Isle of Wight.. NOW, THEREFORE, BE 1T AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that fifty nine thousand seven hundred fifty dollars ($59,750) be appropriated for communications improvements to the E911 fund in the 1993-94 budget of the County of Isle of Wight. 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 was unanimously (5-0) adopted. County Administrator Standish stated bids were solicited and received on priorities 2 and 3 to upgrade the communications equipment which would more than double thefire frequency transmitter output and eliminate the "dead spots" which should provide .clear communication for the fire departments. Mr. Standish further stated he would recommend adoption of the resolution appropriating $44,750 for Motorola and $15,000 to construct an enclosure. Supervisor Bradshaw asked if a maintenance agreement is included. County Administrator Standish stated the equipment comes with a 15 BQ(iK ry,t' ~. -_ 15 ~ 5~~5 1 one-year warranty with the County picking up any maintenance contracts the following year at an undetermined cost via Gately Communications... .Supervisor Bradshaw asked the percentage of effectiveness of the transmissions received throughout the County. County Administrator Standish stated he would research Supervisor Bradshaw's .question and report back to him on the matter. Supervisor Cofer moved the Board adopt the following amended resolution: ~~ RESOLUTION TO APPROPRIATE ELEVEN THOUSAND NINE HUNDRED NINETY NINE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE CAPITAL BUDGET 1 .j WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the purchase of a vehicle for the Public Works Department; and, WHEREAS, the funds in the amount of eleven thousand nine hundred ninety nine dollars ($11,999) need to be apn the 1993 4 bud et of unappropriated fund balance to the capital budget g the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eleven thousand nine hundred ninety nine dollars ($11,999) from the unappropriated fund balance be appropriated to the capital budget in the. 1993-94 budget of the County of Isle of Wight. 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 was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board adop the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIX THOUSAND DOLLARS FROM THE RUTH CAMPBELL FOUNDATION; TWO THOUSAND DOLLARS FROM THE CAMP YOUNTS FOUNDATION;TWO THOUSAND DOLLARS FROM THE CAMP FOUNDATION FOR FIRE AND RESCUE SERVICES IN THEIR DISTRICT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia received a donation for fire and rescue service; and,. WHEREAS, the funds in the amount of ten .thousand ($10,000) are needed to be appropriated to the fire and rescue line item in the 1993-94 16 Y ~ene~ 15 .;..~~5~f budget of the County of Isle of Wight. NOW, .THEREFORE, BE TT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle the CarrstvillerV lunteer F re thousand dollars ($10,000) be appropriated to Department line item ($4,000), Windsor Volunteer Fire Department line item •($2,000) and Windsor Volunteer Rescue Squad line item ($4,000) in the 1993- 94 budget of the County of Isle of Wight. 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 for this program and to do all the things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. Supervisor Bradshaw requested County Administrator Standish to follow up with a letter thanking the foundations for their financial support. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FOUR THOUSAND ONE HUNDRED SIXTY ONE DOLLARS FROM THE COMMONWEAAL~ ~~ I~NDRED ORTY THREE BOARD AND TWO THOU DOLLARS FROM THE FEDERAL GOVERNMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received additional funds from the Commonwealth of Virginia, Compensation Board, for the purchase of data processing equipment and forfeiture funds from the Federal Government for the Commonwealth Attorney's Office; and, WHEREAS, the funds in the amount of four thousand one hundred sixty one dollars ($4,161) from the Commonwealth of Virginia, Compensation Board, and two thousand nine hundred and forty three dollars ($2,943) from the Federal Government need to be appropriated to the Commonwealth Attorney equipment line item in the 1993-94 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 four thousand one hundred sixty one .dollars. ($4,161) to be received from the Commonwealth of Virginia, Compensation Board, and two thousand nine hundred forty three dollars ($2,943) to be received from the Federal Government be appropriated to the Commonwealth Attorney equipment line item in the 1993-94 budget of the County of Isle of Wight. 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 for the grant and to do all the things necessary to give this. resolution effect. 17 f'. ` BOOr, ~5 ~a:~~5~7 The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board adopt the following resolution: ' u RESOLUTION TO ACCEPT AND APPROPRIATE THREE THOUSAND EIGHTY THREE DOLLARS ' FROM THE COMMONWEALTH OF VIRGINIA, VIRGINIA. STATE LIBRARY AND ARCHIVES WHEREAS, the Board of Supervisors of the County of Isle of Wight,' Virginia has received funds from the Commonwealth of Virginia, Virginia State Library and Archives, €or a fire detection system for the Clerk of Circuit Court's record room; and, WHEREAS, the funds in the amount of three thousand eighty three dollars ($3,083) from the Commonwealth of Virginia, Virginia State Library and Archives, need to be appropriated to the- Clerk of Circuit Court in the 1993-94 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 three thousand. eighty three dollars ($3,083) to be received from the Commonwealth of Virginia, Virginia State Library and Archives, be appropriated to the Clerk of Circuit Court. in the 1993-94 budget of the. County of Isle of Wight. 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 for the grant and to do all the things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. Supervisor Bradby moved the. Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FORTY THOUSAND ONE HUNDRED DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE DRUG FREE SCHOOLS AND COMMUNITIES ACT WHEREAS, the School Board of the County of Isle of Wight, Virginia has received a grant for the.Drug Free Schools and Communities Act; and, WHEREAS, the funds in the amount of forty thousand one hundred dollars ($40,100) need to be appropriated to the School grant fund in the 1993-94 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 thousand one hundred dollars ($40,100) be appropriated to line item Drug Free Schools and Communities Act in the 1993-94 budget of the .County of Isle of Wight, Virginia. - BE IT FURTHER RESOLVED that the County Administrator of the 18 y - -----_ eoor 15:.M;;fS~~ County of Isle of Wight, Virginia is authorized to .make .the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect.. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FOUR THOUSAND THREE HUNDRED FORTY ONE DOLLARS FROM THE. FEDERAL GOVERNMENT FOR THE TITLE VIB PROGRAM WHEREAS, the School Board of the County of Isle of Wight, Virginia has received a carryover grant for the title VIB Program; and, WHEREAS, the funds in the amount of four thousand three hundred and forty one dollars ($4,341) need to be appropriated to the. School grant fund in the 1993-94 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 four thousand three hundred and forty one dollars ($4,341) be appropriated to line item Title VIB Program in the 1993-94 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 for this grant and to do all the things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Planning Commission previously made three recommendations to the Board relative to emergency services capital equipment: (1) the County secure third-party advice in evaluating what is in place and what may be necessary in the County, (2) formation of an advisory committee to work with the County relative to standardizing vehicle and equipment specs and replacement policies, and (3) that the Board should establish a funding formula that sets cost sharing. Mr. Standish stated the Board may wish to seek a qualified independent third party, such as the Fleet Manager with SPSA or the- City of Norfolk at no cost to the County.. Supervisor Cofer suggested the Board establish a minimum standard unit of funding from the County and if the various fire departments wished to acquire additional items, it would become their financial responsibility. Chairman Spady s#ated there are local individuals who are qualified if the Board wished to establish a committee of Fire Chiefs from the various fire departments and the Captains of the rescue squads to meet .with County staff. 19 eo~K 15:~.:~5~~ 1 County Administrator Standish stated he would pursue the first two items listed in the agenda .and bring a report back to the Board at their February 17,.1994 meeting. County Administrator Standish noted $8,530.36 was collected by the delinquent real estate tax attorney at a cost of $2,410.62 which represents ' 28% of the amount collected. Supervisor Bradshaw requested the. Treasurer generate. a report by year and type, similar to what is included. in the audit. report. Beryl H. Perry, Treasurer, was present and stated he .would accommodate the Board's desire and generate such a report. Supervisor Edwards moved County staff have the Animal Control numbers printed in bold print in the next publication of the telephone directory. The motion was unanimously (5-0) adopted. County Administrator Standish noted correspondence received from Isle of Wight, England, representatives of .which will. be .attending the County fair in the Fall. of 1994. // Chairman Spady called for Old Business. Street Light Policy County Administrator Standish stated the Board has had various discussions relative to the installation and maintenance of street lights along public thoroughfares in .the County which include re-establishing a street light policy where such lights are installed upon request of residents; an amendment to the Subdivision Ordinance where such lighting would be required in all new developments; and, a policy that requires those requesting such facilities share in the cost of both installation and operation, regardless of the location. County Administrator Standish stated the Board may wish to consider an amendment to the Subdivision Ordinance at the same time because as new subdivisions arrive and residents request the installation of street lights .the. cost escalates considerably because the Subdivision Ordinance requires underground utilities. Supervisor Bradby stated the requests for street lights he has received have come from residents who live in subdivisions already. equipped with poles because at the time the homes were built there was no requirement for underground utilities. 1 Supervisor Cofer stated there should be enough leeway in the proposed subdivision ordinance to allow for developments that may not want the standard streetlight but prefer to install their own. Chairman. Spady stated he would recommend the individual Board members forward their recommendations to the County Attorney so he can determine a consensus and prepare a policy that will satisfy the concerns. - of each Board member. eonK 15 ~a1:~600 Supervisor Cofer moved the Board table the matter until the March 17, 1994 meeting . to allow time for Board .members to forward their recommendations to the County Attorney and that the matter be listed under Old Business in the agenda. The motion was unanimously (5-0) adopted. Supervisor Bradshaw requested the Treasurer be present at the February 17, 1994 meeting to discuss the proposed ordinance for semi- annual collection of personal property taxes, specifically regarding the r agreement that the Treasurer has made giving the citizens the option of P~Ying• // Chairman Spady called for New Business. Supervisor Bradshaw suggested inviting the Resident Engineer of VDOT to attend Board meetings Id cont cttthe Resident Enginee directly stating that Board members cou about their concerns. County Attorney Crook cautioned that the Board does not speak through the individual members of the Board, but rather as a whole Board.. Chairman Spady suggested bringing the highway matters up at each meeting and vote to direct County, staff to send a letter to VDOT from the entire Board about the specific concerns. Supervisor Cofer moved the Boa~hat he should be t nfattending Board with the Resident Engineer of VDOT g meetings on a quarterly or as-requested basis. The motion was unanimously (5-0) adopted. Supervisor Bradshaw stated he would like to see the Department heads provide a brief report of activities for the month at the Board meetings. Supervisor .Bradshaw also stated in order to improve communications with the Constitutional Officers he would suggest that the Board invite them to the meetings to receive comments and activity reports from them as well. Supervisor Bradshaw emphasized that the Board should communicate effectively with the public and newspapers to keep them apprised of what is taking place in Board meetings and asked how the public and newspapers are now being informed on what will be discussed at Board meetings. County Administrator Standish stated the newspapers are provided a copy of what is included in each Board agenda and he has made himself available to reporters to brief them on any of the agenda items they may have questions on. Supervisor Bradshaw stated he believed the schools holding their meetings at various sites throughout the County was very effective and he would suggest the Board hold some of their meetings at various sites 21 ao~K 15 >~j:r601 during the year. [J 1 Chairman Spady noted the Courthouse location is centrally located and pointed out that if the Board moved their meeting to Carrsville then residents from the Smithfield area of the County would have to travel further and vice versa. e Donald T. Robertson, Assistant to the County Administrator, stated there are currently two programs being implemented to include curbside service programs in both the towns of Smithfield and Windsor. Mr. Robertson stated drop-off recycling is offered outside of the incorporated towns with drop-off containers at four locations throughout the County and one additional site under consideration for. the Carrsville District. Mr. Robertson explained when the County initiated the process of developing the drop-off program the Carrsville District was one of the first areas to receive a container, however, the participation rate was low. and after six months the container was moved to Windsor. where it was more readily utilized. Mr. Robertson stated SPSA coordinates .regionally the types of materials .the County can or cannot recycle; however, if the County desires to have a more extensive recycling program, the County can do so but at an additional cost. Supervisor Bradshaw questioned what is currently being -done regarding recycling in the County. Supervisor Bradshaw moved the Board direct the County Administrator to develop a strategic plan for recycling for the County to get into extensive recycling beyond what the County is presently doing.. and beyond .what is required by SPSA. The motion was unanimously (5-0) adopted. // Chairman Spady called for Appointments. Supervisor Edwards ..moved the Board .appoint Supervisor. Phillip Bradshaw to the Public Service Authority to fill the unexpired term of Joel C. Bradshaw which expires in March of 1995. The motion passed (4-0) with Supervisor Bradshaw abstaining. Supervisor Edwards moved the Board appoint Supervisor Phillip Bradshaw to the Social Services Board. as the Board's representative to fill the unexpired term of Joel C. Bradshaw which expires in July of 1996. The motion passed (40) with Supervisor Bradshaw abstaining. Supervisor Cofer moved the Board reappoint Robert Trask to the Transportation Safety Committee representing the Smithfield District for a four-year term which expires in January of 1998. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board appoint Goldie Rawlings to the Commission on Aging Board representing the Carrsville District for a - three-year term which ~ expires in January of 1997. The motion was unanimously (5-0) adopted. 22 9-0~K 15 ~•AfUU~ Supervisor Bradshaw moved the Board reappoint Charles Powell on the Historical Architectural Advisory Committee representing the Carrsville District for afour-year term which expires in January of 1998. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board appoint William Barrett to the Western Tidewater Community Mental Health and Retardation Services Board (Chapter 10) for athree-year term which expires in January of 1997. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board appoint Tencheia Lankford to the Youth Services Advisory- Board for aone-year term which expires in January of 1995. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board appoint Sandra Freeman to the STOP organization for aone-year term which expires in January of 1995. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board recommend the appointment of James W. Jones on the Board of Equalization representing the Carrsville District. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board appoint J. C. Jenkins to the Planning Commission representing the. Carrsville District for afour-year term which expires in February of 1998.. The motion was unanimously (5-0) adopted. // Chairman Spady called for approval of the December 16, 1993 minutes Upon. recommendation of County Attorney Crook,, Supervisor Cofer moved the Board adopt. the December 16, 1993 minutes. The motion was -(4-0) adopted with Supervisor Bradshaw abstaining from voting. // At 9:36 p.m., Supervisor Edwards moved the Board enter executive session under Section 2.1-344 Al of the Freedom of Information Act to discuss a personnel matter. County Attorney Crook .asked if Supervisor Edwards could be more specific without naming the person or persons involved.. Supervisor Edwards responded that the personnel matter involved directions of the Board previously given to the County Administrator for: a personnel disciplinary matter.. The motion was unanimously (5-0) adopted. Upon returning to open session at 9:45 p.m., Supervisor Edwards 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 23 -~ . i 1 i~ II 80Qs ~5 %~,;rUU~ accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia fequires a certification by this Board of Supervisors that such executive meeting was conducted ire 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 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 The motion was unanimously (5-0) adopted. // At 9:46 p.m., Supervisor Cofer moved the Board adjourn. The motion was unanimously (5-0) adopted. Standish, Clerk. ~ ,t /l / O. A. ~~tady, C irman 24 ,~