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05-18-1995 Regular Meeting r~ ' enox . ~6pACE 32~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF MAY IN THE. YEAR NINETEEN HUNDRED NINETY FIVE 1 PRESENT: Malcolm T. Cofer, Chairman O. A. Spady Henry H. Bradby Lud Lorenzo Spivey ABSENT: Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the .County Administrator Melinda J. Goodwyn, Temporary Secretary // Chairman Cofer called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Spivey. J/ 1 Chairman Cofer called for Transportation Matters. R. Bryan.David, Director of Planning and Zoning, stated the Resident Engineer has advised that State-wide requests from jurisdictions .participating in ,the FY 1995-96 Revenue Sharing Program exceeded available funds. Mr. David stated the Resident Engineer further advised that this situation causes a reduction in available funds. The State's. available matching funds for Isle of Wight County are $245,840, giving the County a total amount of $491,680. Mr. David stated that because of this .reduction of funds, the Resident Engineer has revised the levels of funding to be allocated to the previously recommended road projects. Mr. David stated that the Resident Engineer has provided a revised. list of the projects and the recommended funding levels. Mr. David stated the Resident Engineer has requested that the Board adopt the revised funding. allocations for the FY 1995-96 Revenue Sharing Program. Supervisor Spady moved the Board approve the revised funding allocations as recommended by the Resident Engineer for the FY 1995-96 Revenue Sharing Program. The motion was- adopted unanimously (4-0). ~. 1 MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, appeared before the Board and stated that the Department has been doing extensive research on a number of unimproved roads in the County in an effort to determine the owners of those properties who had previously donated right-of-way. Mr. Neblett stated that there are a number of unpaved roads in the current Six-Year Plan and they will be carried on in subsequent revisions, as proposed. Mr. Neblett stated that he wilt be coming before the Board during the latter part of the Summer or 1 __ ,.-r___ BOOK. a„6PAGE~2~ early Fall regarding the revisions to the Six-Year Plan. Mr. Neblett stated that VDOT is in the. process of working on several Rural Addition roads with the .intent of getting them into the State Secondary System. Mr. Neblett stated that the contracts have been signed to proceed with work on Laurelwood Drive. Mr. Neblett stated that he has been working with. Supervisor Bradby on some other roads in Rushmere. He further stated that he would be writing the County regarding the status of these various projects. Mr. Neblett stated that the work on Route 646, Rattlesnake Trail ,, is underway. Supervisor Bradby requested the status of Poplar Drive. Mr. Neblett stated that as far as VDOT could tell, the original developers still hold the title to the right-of-way for Poplar Drive. Mr. Neblett stated that the developers need to release the right-of-way to the County, then the County, by resolution, guarantees VDOT a free and unrestricted right-of-way. Supervisor Bradby stated that. he would set up a meeting with the property owners and developers to see if they could agree on getting the title released. Supervisor- Spivey stated that he had a concern with the intersection at the stop light near the old Farmers Bank in Windsor. The traffic on Route 460 making a left turn on to Bank Street is creating a hazardous situation at the intersection. Mr. Neblett stated he would look into .the matter. Supervisor Cofer stated that he had received a few calls and would like VDOT to take a look at the shoulder work from Scott's Factory Road to Great Springs Road on to Turner Drive. Luther Boone of 8075 Winston Drive appeared stating concern about the repaving and restriping of Route 58 Business (Carrsville Highway) from Franklin to Holland. Supervisor Spady stated that Mr. Boone was requesting that turn lanes be provided along certain sections instead of three (3) lanes. Mr. Neblett stated that the repaving and restriping of Route 58 Business from Franklin to Holland was completed because of safety reasons.. Mr. Neblett stated that he would go out and look at the road to familiarize himself with the situation. David Hardy appeared stating concern about the left turn lane at the Route 10 By-pass near the Smithfield Plaza Shopping Center. Mr. Neblett stated that he would take at look at the situation. // Chairman Cofer called for Citizens Comments. Chairman Cofer stated that he was contacted prior to the meeting ,. 2. B~~x ~ 16 PACE 323 and advised that some citizens were planning on attending to speak but they thought that the meeting. started at 7:00 p.m. Chairman Cofer stated that with. the permission, of the Board he would reserve ten (10) minutes before 7:00 p:m. for those citizens. to speak. County AtEorney Crook presented a letter from Steve W. Edwards requesting .that the Board construct a memorial .plaque recognizing the County's citizens who have died in the various wars of this century. The Board unanimously adopted a motion by Supervisor Spady directing. the County Administrator to meet with the Veterans Association, the American Legion, etc. in order to formulate a suitable recommendation. // Chairman Cofer tailed for the Community Development report. R. Bryan David, Director of Planning and Zoning, presented the following for the Board's consideration: 1 Linda Bean .representing the Section 8 Housing Program appeared requesting that the local allocation for Section 8 Housing be increased to $16,527 so as to provide for the hiring of a full-time aide to assist Lanna Devites in meeting all the :new Program requirements. Ms. Bean introduced Lanna Devites to the Board to discuss statistical data related to the Section 8 Program. Ms. Devites stated the Section 8 Program generated payments in the amount of $193,8b2 paid directly to local property owners from the Virginia Housing Authority and an additional $8,252 was generated to assist tenants in paying utility costs... Ms. Devites stated that all this was done at a local cost of under $4,000.. Ms. Devites stated that for the first five (5) months of this fiscal year, .the Program has generated $95,717 in rent payments and $5,096 inutilities payments. . Supervisor Spady moved the Board include. the request in the proposed FY 1995-96 Budget for further consideration by the Board. The motion was adopted unanimously (4-0). A. Application of .Jim's Lubricators, Inc , for a Conditional Use Permit to continue the location of an existing detached business sign at 18477 Canteberry Lane twenty-three (23) feet from the right-of-way of Canteberry Lane in Newport Magisterial District. 1 Mr. David stated William H. Riddick, III, attorney representing the business owner, was present and available to answer any questions the Board might have... Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments hom the Board. 3 .{ B~Q~ ss PACE ~z~ Supervisor Spady stated that he had been out to view the property . and didn't see any reason why there should be a restriction to put in a one- way road. ~ , Supervisor Spady moved the Board approve the application. The motion was adopted unanimously (4-0). B. Application of B. R. Copeland, Jr., for a Conditional Use Permit to locate a mobile home to be occupied by a daughter, Sheila J. Kitchen, on approximately one (1) acre of land located on the south side of Buckhorn Drive in Windsor Magisterial District. Mr. David stated Mr. Copeland was present and available to answer any questions the Board might have. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Cofer closed ;the public hearing and called for comments from the Board. Supervisor Spivey moved the Board approve the application. The y motion was adopted unanimously (4-0). C. Application of Alphonso S. Hill for a Conditional Use Permit to locate a mobile home for thirty-six (36) months while constructing a residence on approximately six (6) acres of land located on the east side of Blair's Creek .Way (Route 713) in Hardy Magisterial District. Mr. David stated Mr. Hill was present and available to answer any questions the Board mighk have. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Bradby moved. the Board approve the application.. The motion was adopted unanimously (4-0). . D. Application of Mark L. Chandler for a Conditional Use Fermit to occupy a mobile home far thirty-six (36) months while idence on five (5) acres of land located on the ti ng a res construc south sideof Hall Town Road (Route 683) in Hardy Magisterial District. Mr. David stated Mr. Chandler was present and available to answer any questions the Board might have. • Chairman Cofer called for citizens to speak in• favor of or in • 4 I ~ •. ,; Tt enox 16 ~acE 325 opposition to the proposed application. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board approve the application. The motion was adopted unanimously (40). E. Subdivision plat of Lot 2A and Lot 2B, being a division of Lot 2, Waterford Subdivision, located on Canteberry Lane (Route 1018) in Newport Magisterial District. Mr. David stated Mr. Riddick, attorney representing the applicant, was present and available to answer any questions. Chairman Cofer called for. citizens to speak in favor of or in opposition to the proposed plat.. Upon no one appearing, Chairman Cofer closed the public hearing and called .for comments from the Board. Supervisor Spady moved the. Board. approve the plat. The motion was adopted unanimously (4-0). 1 1 F. Plat showing -lot on property of David G. Carroll and Margaret A. Carroll, located- southeast of County Lane in Windsor Magisterial District. Mr. David stated Mr. Carroll was present and available to answer any questions the Board might have. Chairman Cofer .called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Spady asked how long had Mr. Carroll owned the property. Mr. Carroll stated he purchased the thirty-five (35) acre tract in May, 1993. Supervisor Spady asked Mr. Carroll if he was aware of the requirements of the Ordinance at the time he purchased the land. Mr. Carroll stated he was not aware of the requirements. Mr. Carroll stated that he had not planned on subdividing the thirty-five (35) acre tract until his lender requested him to do so. Mr. Carroll stated that he was not trying to subdivide the property to sell it, but rather to obtain a clear deed of trust to the property in accordance with. the requirements of his lender. BOOK ~~PAGE 3~6 Supervisor Bradby asked Mr. Carroll if he would be living in the house himself. Mr, Carroll stated that he would be living in the house. Supervisor Spady asked who sold the other parcels off the kract of land. t Mr. Carroll stated that his neighbor, Fred Atchley sold the other parcels off to get money which was totally different from what he was trying to do. Supervisor Spivey moved the Board approve the plat along with the requested exemptions to the County Subdivision Ordinance: The motion was adopted unanimously (4-0). G. Subdivision plat of Windsor Woods, Courthowse Highway (Route 258), Windsor Magisterial District. Mr. David stated Bruce Williams and John White were present and available to answer any questions relative to their request for a sixty (60) day extension of the final plat approval. Chairman Cofer called for citizens to speak in favor of or in . opposition to the request. Upon no one appearing Chairman Cofer closed the public hearing ~i q and called for comments from the Board. Supervisor Spivey moved the Board approve the developer's request for a sixty (60) day extension of the final plat approval. The motion was adopted unanimously (4-0). H. Shady Grove Estates, Shady Grove Drive off of Smith's Neck. Road (Route 665) m Newport Magisterial District. Mr. David stated that Mr. Riddick, attorney representing the applicant, was available to answer any questions. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed request for an exception to Section 4-4-1-6 of the Subdivision Ordinance. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Spady asked. whether the applicants would have to reapply since they withdrew their request back in February. County Attorney Crook stated that Mr. David may have said the applicant withdrew the application, but he meant tabled. . 6 i - _ f d 11 BOOK 16 PAGE 327 .. Supervisor Spady stated that the application had been tabled about three (3) times. Supervisor Spady asked if the issue of curb and gutter had been addressed and if .the developers knew where the road would be located. Mr. Riddick stated that the plat, deed of easement and actual location of the proposed road had been resolved. .: 1 Supervisor Spady stated that before he would act on the request, he would like to know what the .Planning Commission's recommendations were since Ms. Allen was agreeable to the County granting exception to the developers. . Supervisor Spivey stated that he agreed with the concerns of Supervisor Spady. Mr. Riddick stated that in the letter dated Apri16, 1995, addressed to the Board from June Allen, she acknowledges that the zoning has not been established and that she may change her plans and that. she acknowledges that if the property is developed. there may be a requirement to put in curb and gutter at the developers' expense. Supervisor Spivey moved the Board refer the request for an exception to Section 4-4-1-6 of the Subdivision Ordinance back to the Planning Commission for further recommendation. The motion was adopted unanimously (4-0). I. Application of Stephen H. Gaskins and Jacqueline G. Gaskins, owners -and Edward R. Lenz, prospective owner, to amend Conditional Industrial Limited (C-Ml) zoning of approximately 1.25. acres of land located on the north side of Battery Park Road (Route 704) at 19351 Battery Park Road in Newport Magisterial District. Mr. David stated Mr. Riddick, attorney representing the applicants, was available for any questions the Board might have on the application. Chairman Cofer called for citizens to speak in favor of or in opposition to the application. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments from the Board. 1 Supervisor Spady stated that Mr. J. W. Moore, adjacent property owner, was present and asked if he was satisfied with the request of the applicants. Mr. Moore stated that he and the applicants had come to a compromise and he was satisfied, Supervisor Spady moved the Board approve the application, subject to the amended proffers submitted by the applicants. The motion was 7 ~ ~ h g~oK 16 ~A~E 328. . adopted unanimously (4-0}. J. Longview Agricultural and Forestal District: Supervisor Spivey moved the Board advertise the L©ngview Agricultural and Forestal District for public hearing at the Board's June 15, 1995 meeting. The motion was. adopted unanimously (40). ,. // At 6:50 p.m., Chairman Cofer moved to amend the order of the agenda to return to Citizens Comments. The , motion was adapted unanimously (4-0). David Hardy stated that he was appearing before the Board to inform them as to what the citizens in the Hardy District were doing for the youth in the County. Mr. Hardy stated that the Hardy District and ,the other end of the County had never been fully developed. Mr. Hardy stated that the County is badly in need of a recreation center in the Hardy District because .jails are not the answer and the youth are running wild. Mr. Hardy stated that the County is in need of a recreation center wherein the citizens of the community and County can meet the needs of the youth again. Mr. Hardy stated that the plan is not complete yet, but he would be back before the Board with mare information, Mr. Hardy stated that the complete recreation proposal would. consist of five phases of recreation: athletics, music, drama, arts and crafts and special events. Supervisor Bradby stated that he agreed with Mr. Hardy that the County. needs to move forward in providing some form of recreation for the County's youth because jails were not the answer and the citizens need to curb that way of thinking of our young people. Supervisor Bradby stated that the County needs to move forward in producing the kind of citizens that we will be proud of in .our County. Supervisor Bradby stated that he would like the citizens in the audience to .stand who were in support and behind this project and be recognized. Mr. Hardy stated that most. of the citizens who are in support and behind the project were not in attendance because they thought that the meeting started at ?:00 p.m. /~ 1 At 7:00 p.m. Chairman Cofer called for a public hearing on the following: A. Ordinances 1. An Ordinance to Impose Tax Levies for the Fiscal Year July 1, 1995 Through June 30, 1996/FY1995-96 Capital Improvements Budgets. Chairman Cofer stated that the County tax rates had been advertised 8 •4 ' B~~x ~ 16 PA~~ 329 with no increase in tax rates for the FY 1995-96. Chairman Cofer called .for citizens to speak in favor of or in opposition to the proposed Tax Levies for FY 1995-96. i~ Upon no one appearing, Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board table the Ordinance to the June 15, 1995 meeting.. The motion. was adopted unanimously (4-OJ. 2. An Ordinance to Amend Sections 8C-10-2 and 8C-10-3 of Article 8C Highway Corridor Overlay District Provisions for the Zoning Ordinance of Isle of Wight County. 1 County Attorney Crook stated that the proposed amendments to the Highway Corridor Overlay District were to give the Board of Supervisors, upon recommendation from the Planning Commission, -some leeway to grant certain variances. County Attorney Crook stated that normally, variances are sought from the Board of Zoning Appeals, but these variances are dealing with guidelines for design and development standards and the Planning Commission. and the Board of Supervisors were capable of knowing when these requirements should be relaxed and -when they shouldn't. County Attorney Crook stated that this was a recommendation from the Planning Commission, Mr. David and himself to the Board. County Attorney Crook advised the Board that a request was on the Board's agenda to grant this type of variance, and that without this amendment, the Board did not have the authority to do so. Chairman Cofer called for citizens to speak in favor of or in opposition to the request. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments-from the Board. Chairman Cofer stated that in the last several months that there have been similar variance requests that needed to be responded to so that citizens could get there businesses underway. Supervisor Spady moved the Board adopt the amendments to the Ordinance. The motion was adopted unanimously (4-0). 3. An Ordinance to Vacate Certain Lots Shown on a Plat of Subdivision Entitled "Subdivision of Property of Chas. T. Hutcheson, etc.". 1 . County Attorney Crook stated that the subject plat was recorded in 1936. The plat was formally the property of the Spriggs. County Attorney Crook. stated that Maria Sprigg is deceased. He stated that Al Jones, attorney, is now one of the Executors of the estate and the owners wish to vacate the original plat of 1936 which provided for a number of small lots. 9 ,.~~~ _~~ .. ~._ ._r.._~__~._~.~~._._~~, -...,. enox 1~ Pact 33~ County Attorney Crook stated that the numerous small lots at Burwells Bay, were unusable by the standards of the County`s Subdivision Ordinance and the owners are requesting the Board approve in the place of the prior subdivision plat, a plat which subdivides the land into eight (8) parcels, nine (9) including the out parcel on the water. Chairman Cofer called for citizens to speak in favor of or in opposition to the ©rdinance. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Bradby moved the Board adopt the Ordinance. The motion was adopted unanimously (4-0). . B. Rezonings L The application of E. B. Barker, Jr. and Ann K. Barker to amend conditional zoning of approximately .eleven (11) acres of land zoned Conditional Rural Residential which is located on the north side of Morgarts Beach Road (Route 673), between Boykins Lane (Route. 705) and Day's Point Lane (Route 672) in Hardy Magisterial District. The request is specifically to allow six (6) single family lots on the north side of Morgart's Beach Road. Chairman Cofer called for citizens to speak in favor of or in opposition to the application. Buz Barker, property owner, stated that the property is located halfway between Morgart's Beach Road and Fort Boykins. Mr. Barker stated that the property consists of eleven (11) acres, roughly five hundred eighty (580) .feet along the James River and eight hundred (800) feet deep.. Mr. Barker stated that he wanted to amend the current conditional zoning. to allow for six (6) single-family lots. Mr. Barker stated that he had discussed the proposed plans with the neighbors and had not received any opposition to the proposal as of the Board's meeting. Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Spady asked if the cash proffer question had been addressed. Mr. Barker stated that it had been resolved with great difficulty. Mr. Barker stated that he had offered a cash proffer price of $750 per proposed lot. County Attorney Crook asked when would the $750 be paid to the County. Mr. Barker stated that there would be a Deed of Trust to the County i0 r ., enox 16 PAGE 33~. ~,II ~' LJ on the property. Supervisor Bradby moved the Board approve the application, as proffered by the applicants. The motion was adopted unanimously (4-0). 2. The application of Annie M. Vineyard for a change in zoning classification from Agricultural Limited (A-1) to Conditional Rural. Residential (R-A) approximately forty- five (45) acres of land located on the east side of Lankford ' Lane (Route 660) between Tan Road (Route 620) and Riddick Road (Route 604) in Newport Magisterial District. The purpose of the application is for no more than nine (9) single family residential lots. Chairman Cofer called for citizens to speak in favor of or in opposition to the application. Mr. Riddick, attorney representing the applicants, stated that the applicants were disappointed with the decision of the Planning Commission. Mr. Riddick stated that since the Planning Commission meeting, the applicants have acquired-the interest of additional property of Mr. Vineyard's son. Mr. Riddick stated that he would request that the application be tabled in order: to have additional time to meet with adjacent landowners who have signed a petition in opposition to the application to see if he could come to some compromise. Supervisor Spivey stated that although he didn't object to tabling the application, he was concerned that the citizens who are in attendance tonight for the public hearing might wish to express there opposition. Supervisor Spady stated that he had the same concern and requested if the opposition could be heard. Mr. Riddick stated that he would offer to give all of the adjacent property owners notice of any change to the applicants request and provide Mr. David with a copy of same in advance. Supervisor Spivey moved the Board table the application to the June 15, 1995 meeting upon Mr. Riddick's request. The motion was adopted unanimously (4-0). 3. The application of Elijah Stokes for a change in zoning classification from Agricultural Limited (A-1) to Conditional Rural Residential (CR-A) a total of nineteen (19) acres of land located on the north side of Mill- Creek Drive (Route 638) between Barrett Town Road (Route 641) and Deer Trail in Windsor Magisterial District. The purpose of the application is for no more than eight (8) single family residential lots as conditioned. Chairman Cofer called for citizens to speak in favor of or in opposition to the application. 11 e BOOK , . 16 PAGE 332 , Melvin Evans appeared stating that he was representing Elijah Stokes, his father-in-law. Ron Harrington, 1172 Mill Creek Drive, adjacent property owner, appeared stating that back in March when the application was before the Planning Commission, adjacent property owners appeared in opposition. Mr. Harrington stated that adjacent property owners, including himself, had recently met with Mr. Stokes, Mr. Evans and Mr. David and had worked out a compromise that was acceptable to all. Mr. Harrington stated that a limited list of deed restrictions were developed, but the list did not cover all the concerns. Mr. Harrington stated that he would like to see if the lots could be increased in size so as to be compatible with the surrounding lots that already exist. Mr. Harrington stated that he was not against Mr. Stokes selling his property, but thought that it would be more attractive to potential buyers if the lots were larger. Supervisor Spady asked Mr. Harrington if he appeared before. the Planning Commission with these concerns. Mr. Harrington stated that he was at the Planning Commission meeting and the application was approved. County Attorney Crook stated that if the Board approved the application there. should be a proviso that the Deed of Trust on the property be released by the County upon payment of the cash proffer at the time of the sale of each -lot. Supervisor Spivey moved the Board approve the application, subject to the proffered conditions, including the condition proviso stated by the County Attorney. The motion was adapted unanimously (4-0). // Supervisor Bradby moved to amend the order of the agenda to consider An Ordinance to Arnend an Ordinance to Provide for Precincts to Combine Orbit Precinct and Windsor Precinct and to Establish a New Polling Place for Said Precinct (tabled 4/.20/95} under Old Business.. The motion was adopted unanimously (4-0). Supervisor Spady moved to divide the proposed Ordinance into two (2) separate issues, (1) to combine the Orbit and Windsor Precincts, and (2) to establish a new polling place for said.precinct. The motion was adopted unanimously (4-0). . Supervisor Spivey moved to defeat the Ordinance on combining the ',~ Orbit and Windsor Precincts. Supervisor Spady stated that this should be the last precinct to be combined with another precinct and the County has had a Large out pouring of support to keeping the precincts separate. Supervisor Spady stated that the Board should give this request a little more time._ 12 { ., B~oK ~ 16 PACE 333 Supervisor Bradby stated he agreed with the motion and that he believed in being responsive to the concerns of the citizens and after listening to them at the public hearing. at the last meeting, he has no problem with letting the Orbit Precinct stay as it is. Chairman Cofer stated that one of the major reasons the .Electoral Board looked at combining the precincts was a lack of qualified Orbit poll workers to man the polls each and every year. Chairman Cofer stated that, he hoped that .this additional time would allow the Electoral Board to find citizen volunteers who were willing to staff and man the Orbit polling place because he knew that this request would be back before the Board again. Chairman Cofer stated that he hoped the good citizens of the Orbit voting area would work with the Electoral Board. The motion was approved unanimously (4-0). Chairman Cofer called for Board comments on moving the new polling place to the Windsor Volunteer Fire Department. Supervisor Spady moved the Board approve the new polling place for the Windsor Precinct to be the Windsor Volunteer Fire Department. The motion was adopted unanimously (4-0). I/ 1 Supervisor Spady moved the Board proceed with the regular order of the agenda. The motion was adopted unanimously (40). // Chairman Cofer called for the County Attorney's report. County Attorney Crook presented to the Board the finalized contract of Carter Construction Company to do the renovations to the Clerk's office. County Attorney Crook advised that the contractual agreement was in order and. recommended same to the Board far approval. Chairman Cofer called for comments from the Board.• I J Supervisor Spady moved the Board approve the contract. The motion was adopted unanimously (4-0). // Chairman Cofer called for the County Administrator's report. Supervisor Spady moved the Board adopt the following resolution: LOCAL PROCLAMATION INDUSTRY APPRECIATION WEEK IN VIRGINIA WHEREAS, Isle of Wight County is blessed with a strong 13 ~~ cook .. ~s PacE 334 . . •. i manufacturing base; and, WHEREAS, the County's various industries provide much needed jobs for the citizens of Isle of Wight County; and, WHEREAS, these same industries provide local #axes from which the entire local citizenry benefit; and, WHEREAS, we recognize and appreciate these important facts. NOW, THEREFORE, we the Isle of Wight County Board of Supervisors hereby salutes our existing industry base, and by virtue of this proclamation give notice to our citizens that Virginia Industries Are Building A Better Commonwealth; AND, FURTHER, that the Week of May 21-27, 1995, is Industry Appreciation Week in Isle of Wight County. The motion was adopted unanimously (4-0), County Administrator Casket' stated enclosed in the agenda is the Radiological Emergency Preparedness Mutual Assistance Agreement and .recommended the Board adopt the agreement. Supervisor Spivey moved the Board adopt the agreement.. The motion was approved unanimously (4-0). County Administrator Casket' stated enclosed in the agenda is the Uniform Decal License Compact Agreement and recommended the Board authorize the County Administrator to enter into the Compact with. the City of Franklin for the regional enforcement of local motor vehicle license requirements. Supervisor Spady asked if the County Attorney had reviewed the agreement. County Attorney Crook advised that he had reviewed the agreement and recommended it to the Board. ,~ i~ Supervisor Spady moved the Board approve the agreement. The motion was adopted unanimously (4-0). County Administrator Casket' stated that periodically, the subject of a Juvenile Detention Center is discussed by the members of the Western Tidewater Regional Jail Authority. County Administrator Casket' stated that at the Authority's May meeting it was noted that the City of Chesapeake may be considering a substantial increase in the per .diem rate chargeable to Isle of Wight and Southampton Counties and the Cities of Franklin and Suffolk for those jurisdictions.' juvenile offenders. County Administrator Casket' recommended the Board authorize the County Administrator to participate in exploratory discussions with the other affected jurisdictions regarding the potential need for a regional Juvenile 14 r: BnOK 16 Pa~E 335 Detention Center. Supervisor Spivey moved the Board authorize the County Administrator to participate in exploratory discussions with Franklin, Suffolk and Southampton regarding .the potential need for a regional Juvenile Detention Center. The motion was adopted unanimously (4-0). Supervisor Spady moved the Board adopt the following resolution: C RESOLUTION TO APPROPRIATE THIRTY-FIVE THOUSAND NINE HUNDRED NINETY-SEVEN DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE REVENUE SHARING PAYMENT TO THE CITY OF FRANKLIN WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia. has entered into a revenue sharing agreement with the City of Franklin; and, WHEREAS, the funds in the amount of thirty-five thousand nine hundred ninety-seven dollars ($35,997) need to be appropriated from the unappropriated fund balance to the Revenue Sharing line item in the 1994- 95 budget~of 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 thirty-five thousand nine hundred ninety-seven dollars ($35,997) from the unappropriated fund balance be appropriated to the Revenue Sharing line item in the 1994-95 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 adopted unanimously (4-0). Supervisor Spivey moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ELEVEN THOUSAND FOUR HUNDRED SIXTY-FOUR DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE TWO FOR LIFE PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia~has been awarded funding from the Commonwealth of Virginia for the Two For Life Program; and, WHEREAS, funds in the amount of eleven thousand four hundred sixty-four dollars ($11,464) need to be .appropriated to the Isle of Wight Volunteer Rescue Squad, Windsor Volunteer Rescue Squad and Carrollton Volunteer Fire Department line items. in the 1994-95 budget of the .County 15 __ ,. { ~, 4 Box ~.6 FA~f 33~ 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 four hundred sixty-four dollars ($11,464) be appropriated to line items 11-3203-5605A, Isle of Wight Volunteer Rescue Squad ($6,878), 11- 32A3-5605B, Windsor Volunteer Rescue Squad ($3,439) and 11-3202-5604A, Carrollton Volunteer Fire Department ($1,147) in the 1994-95 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 adopted unanimously (4-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF YOUTH AND FAMILY SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is approving the development and submission of an application for a Delinquency Prevention and Youth Development Act grant from the. Commonwealth of Virginia Department of Youth and Family Services for the Office on Youth; and, WHEREAS, the funds in the amount of sixteen thousand eight hundred nine dollars ($16,809) or as much as shall be received from the Commonwealth of Virginia Department of Youth and Family Services need to be appropriated to the Office on Youth line item in the 1995-96 budget of 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 sixteen thousand eight hundred nine dollars .($16,809) or as much as shall be received from the Commonwealth of Virginia Department of Youth and Family Services be appropriated in the 1995-96 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 grant and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (4-0). Supervisor Bradby moved the Board adopt the following .resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIXTY-NINE ,~ 16 . . .• 1 ' ,: enox ~:6PAcf 337 THOUSAND SEVENTY-TWO DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, THE. FEDERAL GOVERNMENT AND LOCAL DONATIONS FOR SOCIAL SERVICES DEPARTMENT PROGRAMS WHEREAS, the Social Services Department has received additional allocations from the Commonwealth of Virginia, the Federal Government and local donations; and, WHEREAS, the funds in the amount of sixty-nine thousand seventy- two dollars ($69,072) to be received from the Commonwealth. of Virginia, the Federal Government and local donations need to be appropriated to the Social Services Department 199495 budget of 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 sixty-nine thousand seventy-two dollars ($69,072) to be received from the Commonwealth of Virginia, the Federal Government and local donations be appropriated to the following line items in the 1994-95 budget of the County of .Isle of Wight. Supplemental State $13,880 Supplemental Federal $55,042 Local Donation $ 150 ~1 i ~ 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 these allocations and to do all the things necessary to .give this resolution effect. The motion was adopted unanimously (4-0). County Administrator Caskey stated that the Virginia Retirement. System (VAS) has informed the County that the Governor has signed into law several pieces of legislation which affect VRS members (County employees). County Administrator Caskey stated the most notable legislation establishes a new retirement age of 50 with at least 10 years of service for VRS members in service on or after January 1,.1995. County Administrator Caskey stated this provision is not an optional program for the County. Donald Robertson, Assistant to the County Administrator, handed out information relative to the second piece of legislation. 1 County Administrator Caskey stated that the second piece of legislation was an additional amendment which provides that certain .VRS members, County .Administrator, City Manager, School Division Superintendent, who are involuntarily separated from service and who have 20 or more years of :creditable service upon such separation,. may retire at age 55 without a .reduction in retirement allowance. County Administrator stated this provision is an optional program for the County. 17 ~, eooK 16 Pact 33$ Supervisor Spady moved the Board deny participating in the optional early retirement. program for the County Administrator (HB 1545). The motion was adopted unanimously (4-0). County Administrator Caskey stated that due to the illness of the Public Utilities Director he had no new information to distribute relative to the County Courthouse Fire Suppression System. County Administrator Caskey advised the Board that the competitive bid information would be presented at the June 15, 1995 meeting. County Administrator Caskey stated in the current capital improvements budget is the amount of $25,000 which has already been approved for purchase and installation of a fleet fueling system. County Administrator Caskey stated that the current system for fuel is located behind the Courthouse Complex and this system has served the County for a number of years, but is in need of repairs, and has the potential for causing a hazardous situation due to the proximity to the Courthouse and the age of the system.. County Administrator Caskey stated staff has prepared an invitation to bid for a new fleet fueling system to be located on the Poor House Farm complex that will provide a safer environment for the fueling of County vehicles. County Administrator Caskey recommended the Board authorize the issuance of the invitation to bid for a fleet fueling system. Supervisor' Spady asked if the State Police and Game and Inland Fisheries used the same tanks as the County employees. Ludford Creef, Public Works Director, stated the State Police and Game and Inland Fisheries use separate tanks but at the same location. Supervisor Spady stated if the State uses our tanks then they should help pay the. cost to replace them. Mr. Creef stated the tanks were there before him and that the State put in their own equipment. Supervisor Spady stated the County should find out who put the tanks in and advise them that the tanks are being relocated. Supervisor Spady moved the Board authorize the issuance of the invitation to bid for a fleet fueling system in conjunction with the State Police. The motion was adopted unanimously (3-0). Supervisor Spivey was absent during the vote. // At 8:00 p.m., Supervisor Spady moved the Board take aten-minute recess. The motion was approved unanimously (3-0). Supervisor Spivey was absent during the vote. // .. 18 .~ en~K " 16PacF339 .Upon returning to open session at 8:10 p.m., Chairman Cofer called for continuation of the' County Administrator's report. // County Administrator .Caskey stated at the April, 1995 regular meeting of the Board of Supervisors, three (3) prospective vendors for the replacement of the Courthouse .telephone system were interviewed during the Board's executive session. Following the interviews, the Board directed staff to further review the proposals and to provide a recommendation regarding replacement of the telephone system. Donald Robertson stated that County staff had interviewed several prospective vendors. Mr. Robertson stated since that time he has had several conversations with the vendors and has ranked the vendors in order 1 through 3. Mr. Robertson requested the Board's authorization that staff be allowed to negotiate with vendor #1 and if an agreement on an acceptable proposal cannot be reached, then proceed with negotiations with the second vendor. 1 Supervisor Spady moved the Board authorize staff to negotiate with Vendor #1 regarding contracted telephone services. Should negotiations fail to resolve key issues, staff is authorized to proceed with negotiations with the second vendor of choice. The motion was adopted unanimously (4-0). County. Administrator Caskey stateG County staff would like to provide the Board with a five (5) to ten (10) minute presentation on solid waste management. County Administrator Caskey stated recently staff became aware that several counties in North Carolina have solid waste systems in place which appear desirable to consider. Currituck and Pasquotank Counties both have manned convenience centers that process a variety of household trash and debris. Mr. David presented slides with regard to siting, design, local .permitting process, construction, contracts and operational requirements of the two (2) sites. Mr. Robertson presented a video of both counties' solid. waste convenience/collection centers, as well as an unmanned convenience center operated by.Sussex County in Virginia. 1 County .Administrator Casket' reminded the Board that staff is ready to pr©ceed with developing. the Jones Creek site as the first convenience center and to expend the capital outlays that are necessary to do so. Mr. Creef stated that staff has been meeting for months to discuss the Jones Creek site and has looked a it every way that can conceivably be considered. Mr. Creef stated that he has talked with Public Works Directors in other localities and has read, studied and compared as much as possible. Mr. Creef stated he thinks Jones Creek is ready now to convert into a compactor site and economize some of the work that is being done now. Mr. Creef stated the minimal amount of work for closing the site is to finish the fence, extend the concrete, and put in compactor and box. Mr. Creef stated that light and electricity is already in place, so some of the work has already been completed. Mr. Creef stated for $40,000 he believes the site could be developed to include a .compactor operation. Mr. Creef 1 19 ~. -- ^ B00% ~6 PAGf 3~:a recommended the County move forward and as soon as operation starts to close down the New Towne Haven Lane and Muddy Cross Drive dumpster sites and erect signs requesting the citizens' cooperation. Supervisor Spady stated he thinks the County needs to go ahead and develop a site, a good site, so that we will have something to show, other than pictures. Chairman Cofer asked who would be manning this site. Mr. Creef stated that he would not recommend. County employees. He would recommend part-time employees at , approximately sixty (60) hours or more whose time could be divided so that one person wouldn't have to be paid overtime. ii .Supervisor Spady asked if SPSA would be picking up the trash and if they would consider providing the manpower. Mr. Creef stated he had talked with. SPSA and they prefer not getting into the personnel side of the system. The Board authorized staff to proceed with the development of the . Jones Creek Convenience Center and to come back for further direction relative to the closing of existing dumpster sites in the area. I County Administrator Caskey stated effective May 11, 1995, the . County is no longer allowed to dispose of animals at the Smithfield Foods rendering plant which have been euthanized by Animal Control without ecutive mana ement of the com an County 1 pnor approval from the ex g P Y Administrator Caskey stated heretofore the Animal Control office has been able to dispose of animals at the rendering plant in Smithfield at no cost to the County, County Administrator Caskey stated upon investigation, it has been determined that there are vendors who will accept and/or pick the animals up and dispose of them for a fee. County Administrator Caskey stated it is anticipated that such a .service would cost the County approximately $1,300 annually. Supervisor Spivey asked if the Animal Control officer could check with other jurisdictions, Norfolk,- Chesapeake, Newport News, etc. to see if there was a possibility of them taking the animals from the County shelter for a fee when the shelter reached a certain capacity (25 or 30) of animals. County Administrator. Caskey stated this was for the Board's information. County Administrator Caskey noted the delinquent tax attorney collected $11,647.41 for the tenth month of the fiscal year at a cost to the County of $3,991.61 which represents 34% of the amount collected. Mr. Robertson handed out a letter to the Board from SPSA. County Administrator Caskey stated the letter was a variation of the 20 re enox ~ 1~Pacf3~. 1 proposal that SPSA had proposed to the Board previously in terms of the level of assistance that SPSA is willing to provide and the cost that would be associated with offering .supplemental front end trash collection service as the County transitions .itself out of the green box dumpster system. County Administrator Caskey recommended the Board authorize staff and himself. to continue to have discussions with SPSA. representatives and further explore the future possibility of a mutual relationship in terms of the front end loader service and bring information back to the Board at the June 15, 1995 meeting. County Administrator Caskey stated that Mr. David had provided to the Board information relative to the upcoming public briefings on the proposed Draft Zoning Ordinance. County Administrator Caskey stated the dates and times are emphasized in Mr. David's memorandum. County Administrator. Caskey stated included in the Board's agenda package. is correspondence from the. Carrollton Volunteer Fire Department requesting support or at least a reply from the Board relative to their ability to be directly dispatched on certain types of emergency calls, detailed on the memorandum provide to the Board. County Administrator Caskey recommended the Board refer this information to the Volunteer Fire and Rescue Association for further discussion and recommendation back to the Board. // Chairman Cofer called for Old Business. B. Request of William M. Anderson for a partial exemption from a requirement of the Isle of Wight County Highway Corridor. Overlay. District with regard to amini-storage facility and a radiator shop on property located on the north side of Windsor Boulevard (Route 460} in Windsor Magisterial District. (Tabled 3/16/95). Mr. David stated that Mr. Anderson was present and available for any questions the Board might have. Supervisor Spady asked the County Attorney if the application could be conditioned on a five (5)-year review of the paving around the storage units. County Attorney Crook stated that the application could be conditioned. Mr. David stated that a landscaping plan subject to approval of the Zoning Administrator to shield the facility to some degree should also be considered as a condition. Mr. David stated that he believed that the condition was stated in Mr. Anderson's letter dated February 24, .1995. Supervisor Spady moved the Board approve the application, subject to a five (5) year review of the paving around the storage units and other 21 _._. _ ,. BOOK ~,6PAGEJ"t~ conditions represented by the applicant. The motion was adopted unanimously (4-©). C. The application of the Isle of Wight County Board of Supervisors for a Special Use Permit to operate a solid waste collection/convenience center on approximately two (2) acres of land located on the south side of Poor House Road (Route 692) between Courthouse Highway. (Route 258) and Bob White Road (Route 652) in Newport Magisterial District. (Tabled 3/16/95). Mr. David stated that staff has being looking. at properties from Champion Swamp south to Fire Tower Road along Route 258 and intersecting secondary roads and has come. up with only two (2) potential sites which are. located north and south of the Courthouse. Mr. David recommended that the application be tabled toenable the staff to further investigate these sites with the property owners. Mr. David also requested the Board give staff authorizakion to show the slides and video to property owners in proximity to the Poor House Farrn site as a representation of what is being proposed. Supervisor Spady moved the Board table this application to the July, 1995 meeting. The motion was adopted unanimously (4-0). D. FY1995-96 Proposed Operating Budget Supervisor Spady moved the Board table the Budget to the June 15, 1995 meeting. The motion was adopted unanimously (4-0). // Chairman Cofer called for New Business. // i~ Supervisor Spivey presented a letter from Marion C. Neighbours, President of the Friends of the Windsor Library, stating a concern about the parking area in front of the Windsor Branch of the Isle of Wight County Library, as well as the parking in front of the adjacent Robinson. Park. .Supervisor Spady moved the Board authorize County staff to provide an estimate of costs associated with improving the parking area and come back to the Board. The motion was adopted unanimously (4-0). Chairman Cofer requested that the Board of Supervisors consider going back to having two (2) regular Board meetings a month. Supervisor- Spady stated. he agreed primarily based on the fact the Public Service Authority (PSA) is becoming more important in its decisions now especially with water and sewer and economic development. Supervisor Spady stated, ~ hopefully one of those meetings would be designated for PSA matters so that the Board would give proper consideration to PSA business. Chairman Cofer stated he and the County ., BnoK ~6PAGE~43 Administrator would work on this and come back with a recommendation at the June 15, 1995 meeting. i~ // Chairman Cofer called for. Appointments. Supervisor Spivey stated Ruby Thompson is interested in serving on the Isle of.Wight County.Educaton Foundation. Supervisor Spady stated that the Foundation, was. created by the citizens and that he had a problem with the Board appointing a member to the Board of Directors. Supervisor Spady also stated that the appointment of a representative to the Education Foundation should be tabled until the Board could .study it to get more information on the Foundation. // Chairman Cofer called for approval of the April 20, 1995 Regular Meeting Minutes and the April. 27,.1995 Continued Meeting minutes. Supervisor Spivey stated a correction was needed on page 41 of the April 20, 1995 .minutes. Supervisor Spivey stated the middle: initial of Richard Holland should be J. instead of L. 1 Supervisor Bradby moved the Board approve the minutes as corrected. The motion was adopted unanirr~ously (4-0). County Attorney Crook stated that the May 16, 1995 Continued Meeting minutes distributed to the Board should also be adopted. Supervisor Spady moved the Board approve the minutes. The motion was adopted unanimously. // County Attorney Crook requested an executive session pursuant to Section 2.1-344 Al of the Freedom of Information Act; .Section 2.1-334 A3 for discussion concerning acquisition and/or use of real property of public purposes; Section 2.1-344 A7 for consultation with legal counsel pertaining to actual or probable litigation and other specific legal matters involving advice of counsel, particularly contract negotiations and potential litigation. 1 At 9:15 p.m., Supervisor Spivey moved the Board enter executive session for the reasons stated by the County Attorney. The motion was adopted unanimously (4-0). At 10:05 p.m. upon returning to open session, Supervisor Spivey moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on .this date pursuanE to an affirmative recorded vote and in 23 . r.. _ , _ ,.~._..~ ... _. - ~~ BttOK 16 PAGE J`t`# accordance with the provisions of the Virginia Freedom of Information Act; and,. WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted. in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each members'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 The motion was adopted unanimously (4-0). // Supervisor Spady moved the Board approve the Deed from the Town of Smithfield to the County of Isle of Wight for the acquisition of land. adjacent to the County Landfill and authorized the Chairman to sign the Deed. The motion was adopted unanimously (4-0). Supervisor Bradby moved the Board approve the Deed of Right-of- Way for roads in the Rushmere Shores Subdivision and aukhorize the recording of same. The motion was adopted unanimously (4-0). // There being no further business for discussion, Supervisor Brady moved the Board adjourn at 10:10 p.m. The motion was .adopted unanimously (4-0). Malcolm T. Cofer, Chair an 24