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12-04-1986 Regular MeetingNovember 6, 1986. Page 129 ~._ ~1` ~. ~' ~ u r" ~y ~ '-'z i~:•' Richard L, Turner, Chairman W, B. Owen, er REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF DECEMBER I1`1 THE YEAR NINETEEN HUNDRED EIGHT SIX PRESENT: .Richard L. Turner, Chairman C. Fred Bailey Henry H. Bradby Joel C. Bradshaw, Jr. Thomas L. Ross, Vice Chairman Also attending: H. Woodrow Crook, Jr,, County Attorney. W. B. Owen, County Administrator Terry D~ Lewis, Planning Director Juanita L, Byrum, Assistant County Administrator Donald Bernd, Public Works Director Betty Scott, Secretary Chairman Turner called the meeting to order at 7:15 P.M, Supervisor Bailey delivered the invocation., ~/ In: .the absence of Suellen Cary, Juanita L, Byrum presented a brochure containing pictures of Mount Vernon, Monticello and Williamsburg from the Isle of Wight Education Association. to the Board of Supervisors for the county. The Chairman passed the pictures around fqr the Board members to see. /1 Supervisor Bradby moved the Board approve the request of William E. Laine, Jr „ Chairman of the 350th Anniversary Celebration, to host a re- ception for the book "Many Voices" on December 14, 1986, at the Isle of Wight Puritan Building from 2:00 to 5:00 P,M. The exbense of the reception, expected to he approximately $200,00, will be borne by the Board of Super- visors and the funds will be. taken from the Contingency Fund, The vote in favor was unanimous. Supervisor Ross moved the Board grant Mr. Laine's request to appropriate up to $2.,000,00 additional money for the printing of the Oral History Books since there will be more pages than was originally expected and .the books be sold at $7.50 each... The money is to be taken from the Contingency Fund. The vote in favor was unanimous. Donald Bernd, Public Works Director, informed the Board members there is a need to employ a public works technican to provide a timely maintenance i i] November 20, 1986 Page 130 program. The new worker would supervise people sentenced in the County General District Court to perform public service rather than serve time in jail. The County could also use labor from the Walters Correctional Unit to perform tasks around the complex such as sheet metal work, carpentry, brick laying, painting, etc. Following discussion anal on motion of Supervisor Bradshaw, the Board voted unanimously to direct the. Personnel Commi tee to recommend a job classification, if necessary, and salary to be determined for the new employee and report to the December 4, 1986 Board meeting, Supervisor Ross moved the Board grant Public Works Directors, Donald Bernd, request to take the paint specifications provided by Talbot & ,Associates, Ltd, to the low bidder, Vernon Ray Edwards, and %nstruct him to take the specifications by the Heal h. Department for their approval. The motion passed unanimously. On motion of Supervisor Ba.leyr the Board voted unanimously to concur with the Public Works Directors recommendation to approve the proposal from Virginia Power to place underground utilities to the proposed new location for-the old administration building at a cost of $375,00, The vote in favor was unanimous, Supervisor Bradby moved the Board concur. with Public Works Directorls recommendation to approve the proposal from Contel to place underground utilities to the proposed new location for. the old administratian building at a cost of $1_,805.00, The motion passed by unanimous vote of the Board. Supervisor Bradshaw moved the money to cover the costs of $375.00 to Virginia Power and $.1,805.00 to Contel be taken from the Contingency Fund, The motion passed unanimously, ~~ Planning Director, Terry D. Lewis, presented the following Conditional. Use Permit application for the Boards consideration: The application of Jack. T, Story, Sr. far a Conditional Use Permit to locate a mobile home for security purposes on property located off Route 58 in Windsor Magisterial District, Mr. Lewis stated the applicant is seeking a permit that will aglow a mobile home to be placed on the site for use as a residence by an individual who would also provide security for-the property; the property contains an automobile junkyard, a 4-b bay auto service garage and a two story frame Lam. November 20, 1986 Page 131 residential house occupied by the applicant. Mr, Lewis. continued stating the applicant relates a number of thefts of auto parts have occurred at the E~ site and the mobile home would allow someone to ba on the premises around the clock thereby reducing the number of thefts, Mr. Lewis stated th.e Plan- ni:ng Commission voted to recommend approval, Fallowing discussion, Supervisor Bradshaw moved the Board approve the application of Jack T, Story, Sr. for a Conditional Use Permit to locate a mobile home for security purposes on property located off Route 5$ in. Windsor Magisterial District. The motion passed unanimously. Mr, Lewis pxese.nted the following rezoning application for the Board's consideration: The. application of Bailey Enterprises, Inc. for a change in zoning classification from R-2, Residential General, to R-MH-A, Rural Mobile Home, Lot 19 in Jamestown Annex, on Wash.in.gton Avenue, between Route 1605 and. the Southern Rai road, in Windsor Magisterial- District. The purpose of the application i for the permanent location of a mobile home, (Tabled 10/2/86 and 10/16/$6). County Attorney Crook stated Ann Simpson Jones, attorney representing i the applicant, had been taken i]_1 and had to leave the meeting and asked that. the application be tabled until the December 4, 1986 Board meeting, On motion of .Supervisor Bradby, the Board voted unanimously to table action on the application of Bailey Enterprises, Inc, for a change in zoning classification from R-2, Residential General, to R-MH-A, Rural Mobile Home, Lot '19 in Jamestown Annex, on Washington Avenue, between Route 1605 and the Southern Railroad,. in Windsor Magisterial District until December 4, 1986, Supervisor Bradby moved the Board approve the Thomas Park Bill Register in the amount of $5,882,91. The motion passed unanimously, Supervisor Bradshaw .was absent when the vote was taken. Planning Director Lewis asked the Board. to approve the contract of William C. Overman. Associates to study the County's future water. and ewer-` age needs at a cost of $58,000, Garland L, Page, Jr., Vice President of. Wi.l.liam C, Overman. Associates, told the Board the firm will develop specifications for package sewage treat- merit plants - smaller units that serve. a subdivision or apartment complex rather than a r_ommunity or town. It will .also draw up a master plan for how water and sewerage should be'expanded into the County from Smithfield and Franklin and where new systems should be constructed first. Supervisor Bailey opposed the contract stating he thought th.e consultant November 20, 1986 Page 132 was to draw up specifications for new residential sewerage systems rather than. plan for the entire County. Supervisor Bailey continued. saying that be- cause the sewerage system for Windsor was being designed by another firm that will eventually serve more than-1,100 people, the price should be reduced. Mr. Page stated most of the cost of the study is for the master plan for sewerage. and water and even though Windsor may soon get a sewerage system, it would be an integral part of an overall plan. Chairman Turner stated the issue of how the two studies would fit. to- gether had been important to him. Mr. Page stated the study should begin in December and the initial public hearings to get comment from residents about the future water sewerage needs will be held in February. Following discussion, Supervisor Ross moved the Board .accept the recom- mendation of Mr. Lewis and accept the contract of William C. Overman Associates to study the County's. future water and sewerage needs at a cost of $58,000., money to be taken from the Contingency Fund. The motion passed with Super- vis-ors Ross, Bradby, Turner voting aye and Supervisor Bailey abstaining. Supervisor Bradshaw was absent when the vote was taken. // Linda A. Bean, Director of the Department of Social Services, presented the State-Local Hospitalization contracts for the Board's consideration. Mrs. Bean stated the State-Local Hospitalization program is financed entirely by State. and Local funds, with the State sharing 75% of the cost. Last year, and again this year, we have budgeted $25,000 for the S-LH program, said Mrs. Bean. Mrs. Bean continued saying last year we expended the entire allocation and had to reject seven otherwise eligible applicants due to insufficient funds. Responsibility for the local operation of the program rests with the governing bodies of the counties and. cities through an authorizing agent duly designated and appointed by the governing. body. The Isle of Wight County Board of Supervisors assigned this task to the Department of Social Services, said Mrs. Bean. Mrs.. Bean continued saying the determination as to whether an individual needs hospital care is the responsibility of his or her physician and determination of eligibility for S-LH payment of this care is the responsi- bility of the Department of Social Services. To do this, Mrs. Bean said we apply uniform financial standards and each individual is expected to utilize fully his own resources and earning capacity before being found eligible for hospital care. as a medically indigent person. Mrs. Bean continued stating jl ., f November 20, 1986 Page 133 in Isle of Wight County no one having resources in excess of $1,000. shall be deemed eligible, no payment will be made to supplement other hospital in- surances and persons must fall within the following monthly income limits in order to be determined eligible: number of persons dependent on income, 1 - $216.67; 2 - $283.33; 3 -$325.00; 4 - $366.66; 5 - $408.33;.6 - $500.00; 7 - $491.66; 8 - -$541.66; 9 - $591.66 and 10 - $650.00. Mrs. Bean asked the Board to accept the following State-Local Hospital- ization contracts.: Per Diem Outpatient Surgery Louise Obici Memorial Hospital $352.49 $239,69 Riverside Hospital 340.05 231.23 Walter Reed Hospital .297.97 202.62. Southampton Memorial Hospital 327.88 222.96 Hampton General Hospital 342.93 233.18 Mary Immaculate Hospital 413.50 2$1.00 Supervisor Bailey moved the Board accept all contracts except Mary Immaculate Hospital which is too high. The vote-in favor was unanimous. Supervisor Bradshaw did not vote stating he had a conflict of interest as a ___ member of the Board of Directors of Southampton Memorial Hospital. Mrs. Bean asked if the Board would like her to renegotiate with Mary Immaculate Hospital, The Board, on motion of Supervisor Bailey, unanimously directed Mrs. Bean to renegotiate the contract with Mary Immaculate. // County Administrator Owen informed the Board members the Carrsville Volunteer Fire Department Committee had met with the architects and selected the firm of Spady & Spady to construct the Carrsville Volunteer. Fire Department Building, with Talbot & Associates, Ltd. being the second choice. On motion of Supervisor Bailey, the Board voted unanimously to accept Spady & Spady as architects for construction of the Carrsville Volunteer Fire Department Building. There was discussion by the Board members concerning whether to have a debris landfill in the northern end of the County. Chairman Turner stated he could not participate because he has a private debris landfill in the County. County Attorney Crook concurred that it could be a conflict of interest. Following discussion regarding the debris landfill, Supervisor Ross moved the Board authorize County Administrator Owen to go ahead and seek permits to operate a debris landfill in the northern end of the County, The motion i7 i, ,~ November 20, 1986 Page 134 passed with. Supervisors Bradshaw, Bxadby, Bailey and Ross voting aye and Chairman Turner abstaining. Supervisor Bradshaw informed the Board members that he and Supervisor Bailey had not met to try to locate a suitable location for the debris land- fill in the southern end of the County, but they would try to begin working toward locating. one soon. County Administrator Owen asked the Board members fox clarification on procedure for writing checks which will not appear on the. General Fund Bill Registers. County Attorney Crook stated that under the statutes and ordinance of the Board that as long there is money in the line item the County Administrator ryas the authority to write checks as needed. Per County Administrator Owen's recommendation and on motion of Super- visor Bradby, the Board voted unanimously to provide up to $1.,920.00 toward. the continuing assessment of the Ground-Water Resource of Southeastern Virginia study -money to come. from the Contingency Fund, County Administrator Owen informed the Board members that Lsle of Wight's portion could possibly be less because Union Camp Corporation had donated $4,000.00 to the study. County Administrator Owen informed the Board the City of Suffolk pro- poses to acquire a new right to groundwater uses as a public water. supply in Suffolk. County Administrator Owen. presented a copy of the "Statement To The Commission On Local Govennment Structures" which. he prepared for Vice Chair- man Ross to present at the public hearing held in Portsmouth, Virginia, Tues- day, November 18, 1986., and asked the Boards approval of same. Discussion followed on whether the Board should support a two tiered form of government. County Attorney. Crook questioned whether a two tiered form of government was desirable. He indicated that such a solution to annexation could be .worse than annexation. County Administrator Owen. said the Association of Counties supports the two tiered form of government. as a solution,: Chairman. Turner also spoke in favor of a two tiered form of government as a solution to annexation, County Attorney Crook suggested the Board amend the Statement to reflect that the County supports the consideration of such as an alternative rather than. strongly supporting such an alternative. Following discussion, County Attorney Crook recommended the following modification: ""We believe annexation is basically wrong and very little long term good can be shown. as a result of it. If, however, it is felt that annexation can be justified in i November 20,.1986 Page l35 certain circumstances, we suggest a two tiered government structure be considered similar to the town/county structure which could allow the annexation jurisdiction the opportunity ,to expand its growth and services, but not at the expense of taking away significantly from the county. Annexation and governmental boundary or structural adjustments including the transition of towns to cities should be subject to mutual negotiation and a referendum". Supervisor Bradby moved the Board approve the "Statement To The Commission On Local Government Structures" as modified. The vote in favor was unanimous. STATEMENT TO THE COMMISSION ON LOCAL GOVERNMENT STRUCTURES -.PUBLIC HEARING - NOVEMBER 18, 1986.- 2:00 P.M. - PORTSMOUTH COUNCIL .CHAMBERS, PORTSMOUTH, VIRGINIA Mr. Chairman and members of the Commission, my name is Thomas L. Ross, Vice Chairman of the Board of Supervisors of Isle of Wight County. Isle of Wight County has had .the traumatic experience of an annexation suit from the City of Franklin in 1970 and just re- cently experienced more than two years of negotiations with the City of Franklin on. a revenue sharing/annexation immunity agree- ment. As a result of the agreement, our county will have to share a significant amount of its revenue with the city. We are not here, however, to rehash the tragedy of a county sub- jected to these experiences. You are more than familiar with the horror stories from counties throughout the Commonwealth. I would like to express to you some thoughts which we hope will be considered as you carry out your responsibility. Annexat- ion by cities, as provided for in the present law, is'disasterous. There is a fallacy that cities must be able to take that which counties have in order to grow and survzve, History shows other- wise. The cites in this area., such as Norfolk and Portsmouth, have not been able to annex for many years and. yet they thrive. When the threat of annexation is removed along with .the suspicion and .distrust associated with it, the results encourage regional cooperation such as has. made Southeastern Virginia one of the. most vibrate areas in the entire state, We believe annexation is basically wrong and very little long term good can be shown as a result of it, If, however, it is felt that annexation can be justified in certain cir- cumstances, we believe a two tiered government structure should result. This would be similar to the town/county structure at the present and would allow the annexing jurisdiction the op- portunity to expand its growth and services,. but not at the expense of taking away significantly from the county. Annexat- ion and governmental boundary or .structural adjustments includ- ing the transition of towns to cities should be subject to mutual negotiation and a referendum. It appears to us the Commission an Local Government has developed into a quasi-judicial body which. greatly increases the cost of dealing with the issue. In the case of Isle of Wight and Franklin, we believe. the Commission on Local Govern- ment greatly exceeded its authority and responsibility. Its re- port, which contains a statement interperted as endorsing annexat- ion intimidated the county into revising .the agreement to pay more to the City of Franklin. We believe the Commission on Local Government should be evaluated as to what the General Assembly intended as its res- ponsibi~ity and if it is to be maintained, its duties should be November. 20, 1996 more closely defined.. Page 136 The sharing of revenue from a county to a city results in the equivalent of lost assessed values to the counties. The. composite index consists of several financial factors which help determine the localities financial ability for state funds for education. When a county has to pay part of its revenue to a city,. the county suffers that financial loss, but it is not reflected in the composite index. Some formula should be developed to arovide the counties with an adjustment in the composite index to fairly reflect its financial status after that loss of revenue. Likewise, the composite index should reflect the additional revenue in the cities financial status. County Administrator Owen advised the Board members that William E. Laine, Jr., Clerk of the Circuit Court, had requested permission to pur- chase a cabinet to store plats at a cost of $5,360.00. On motion of Super- visors Bailey, the Board voted unanimously to grant Mr. Laine's request to purchase a cabinet to store plats at a cost of $5,360.00. // Per recommendation of County Attorney Crook and on motion of Supervisor Bailey, the Board voted unanimously to conduct a public hearing at the Dec- ember 4, 1986 meeting on the Franklin/Isle of Wight proposed. immunity from annexation revenue sharing agreement as suggested by annexation counsel.., Fitzgerald & Smith. Supervisor Ross informed the Board members he-had given them a copy of the Southeastern Public Service Authority minutes. // Per County Attorney Crook's recommendation and on motion of Supervisor Bailey, the Board voted unanimously to approve the October 16 and November 6, 1986 minutes as corrected. // County Administrator Owen informed the Board members William E. Laine, Jr., Clerk of the Circuit Court, had sent him a memo advising the Governor of Virginia has designated December 26, 1986 and January 2, 1987 as holidays for State employees. Mr. Laine's memo also stated. "The Board of Supervisors is authorized to declare certain general holidays for employees of counties by resolution. Further, Section 17-41 of the Code allows the closing of the Clerk's office on any date which has been established as a general holi- day by the Board of Supervisors. In the interest of uniformity, I (Mr. Laine) suggest that the Board declare December 26, 1986 and 'January 2, 1987 general holidays". Following discussion and on motion of Supervisor Bradshaw, the Board voted unanimously to refer the matter to the Personnel Committee for con- l~ November 20, 1986 Page 137 sideration and report back to the Board at its December 4, 1986 meeting. // At 9:.13 P.M. Chairman Turner moved to have a ten minute recess, which passed unanimously. The Board reconvened at 9:25 P.M. ~/ On motion of Supervisor Bailey, the Board voted unanimously to approve the General Fund Bill Register. // County Attorney Crook requested an Executive Session under Section 2.1- 344(a) (2) (3) and (6) of the Virginia Code. Chairman Turner moved the Board go into Executive Session as requested by the County Attorney. The vote in favor was unanimous. The Board went into Executive Session at 9:27 P.M. and returned to open session at 10:12 P.M. /1 Supervisor Ross moved the meeting be adjourned. The vote in favor was unanimous. r, ry 1 ry ' i Richard L. Turner, Chairman W. B. Owen, Clerk :c:c:c~:~:cacx~Y~~~e:c9c~~.c~cxk:c:r:c4c~kx4c~A.c~~xxx:c:c~<~'cx:e'c:c9c~kx~e~~C~c *ic4c:e~c~~ti~c:'ck:c4c:::e4c-::cx9cs::e4c-'c:c:c~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF DECEMBER IN THE YEAR NII~dETEEN HUNDRED EIGHTY SIX PRESEiJT: Richard L. Turner, Chairman C. Fred Bailey Henry H. Bradby (2:07 P.M.) Joel C. Bradshaw, Jr. Thomas L. Ross, Vice Chairman Also attending: H. Woodrow Crook, Jr., County Attorney W. B. Owen, County Administrator Terry D. Lewis, Planning Director Donald Bernd, Public Works Director Juanita L. Byrum, Assistant County Administrator Betty Scott, Secretary Chairman Turner called the meeting to order at 2:03 P.M. and delivered the invocation.. // R. W. Coates, Resident Engineer, Department of .Highways and Transportation, attended the meeting. However, neither Mr. Coates nor Board members had high- way matters to discuss. David Hardy,. County resident, expressed concern regarding traffic at the