12-04-1986 Regular MeetingNovember 6, 1986. Page 129
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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.,
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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.
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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
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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 $.1,805.00 to Contel be taken from the Contingency Fund,
The motion passed unanimously,
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Planning Director, Terry D. Lewis, presented the following Conditional.
Use Permit application for the Boards consideration:
The application of Jack. T, Story, Sr. far a Conditional
Use Permit to locate a mobile home for security purposes
on property located off Route 58 in Windsor Magisterial
District,
Mr. Lewis stated the applicant is seeking a permit that will aglow a
mobile home to be placed on the site for use as a residence by an individual
who would also provide security for-the property; the property contains
an automobile junkyard, a 4-b bay auto service garage and a two story frame
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November 20, 1986 Page 131
residential house occupied by the applicant. Mr, Lewis. continued stating
the applicant relates a number of thefts of auto parts have occurred at the
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site and the mobile home would allow someone to ba on the premises around
the clock thereby reducing the number of thefts, Mr. Lewis stated th.e Plan-
ni:ng Commission voted to recommend approval,
Fallowing discussion, Supervisor Bradshaw moved the Board approve the
application of Jack T, Story, Sr. for a Conditional Use Permit to locate a
mobile home for security purposes on property located off Route 5$ 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
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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-
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November 20, 1986
Page 137
sideration and report back to the Board at its December 4, 1986 meeting.
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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.
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On motion of Supervisor Bailey, the Board voted unanimously to approve
the General Fund Bill Register.
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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.
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Supervisor Ross moved the meeting be adjourned. The vote in favor was
unanimous.
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Richard L. Turner, Chairman
W. B. Owen, Clerk
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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..
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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