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01-21-1988 Regular Meeting~f ~o~t L1 A~ ~.8 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY FIRST DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Thomas L. Ross Richard L. Turner (7;21 p,M.) Also attending; H. Woodrow Crook, 3r., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Kenneth L. Chandler,. Assistant to the County Administrator Hilda W. Harmon, Budget and Finance Coordinator Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 7:00 P.M. The invocation was given by Supervisor Ross. // The Chairman called for a public hearing on the following request: The request of Thomas L. Harris for a pawnbroker's license to operate a pawn shop at Route d, Box 985, Windsor, Virginia, in Harris' Gun Shop which is located on the south side of Route 460, in Windsor Magisterial District. Carl Eason, Jr., attorney representing the applicant, stated the applicant wishes to make application for a pawnbroker's license pursuant to Virginia Code Section 54-841 in compliance with an order dated November 24, 1987 entered by the Circuit Court of Isle of Wight County authorizing the County to issue a license to exercise and carry on the business of a pawnbroker to Mr. Harris. Mx, Eason stated his client, Thomas L. Harris, was present. County Attorney Crook asked Attorney Eason where the business would be located, to which Attorney Eason answered, "At the intersection of Route 460 and Route 635., approximately 1 1/2 miles southeast of Windsor going toward Suffolk". County Attorney Crook asked Attorney Eason if the Property was zoned commercial and. Attorney Eason answered, "Zoned B-1°. On motion of Supervisor Bradshaw, the Board 'voted unanimously (4-0) to approve the request of Thomas L. Harris for a pawnbroker's license to operate a pawn shop at Route 1. Box 985, Windsor, Virginia, in Harris' Gun Shop which is located on the south side of Route 460, in Windsor Magisterial District. (Supervisor Turner was not present.) /! Fred Thompson, Windsor District citizen, commended the Board of Supervisors for the action and decisions taken at their January 7, 1988 Board meeting. Mr. Thompson also expressed concern as to his lack of notification of being replaced on the Parks and Recreational Facilities Authority. // u 1 County Attorney Crook informed the Board members that Planning Director Lewis was not present due to illness and Chairman Bradby had asked him to present the Planning Commission report. s' ,. ~ ~. ~ ene~~, l1 _ :A:~~- ~... County Attorney Crook asked for the Board's consideration on the following conditional use permit application: 1 The application of Bobby .James Byrum fora conditional use permit to locate a mobile home for his daughter, Susanna B. Presson and husband, on 23.79 acres of land located on Route 603, in Windsor Magisterial District. County Attorney Crook stated the applicant is seeking a permit that will allow a mobile home to be placed on property for occupancy by his daughter, Susanna B. Presson and her husband. Mr. Crook continued stating there was no opposition at the Planning Commission meeting and the Planning Commission voted unanimously to recommend approval. No one appeared in favor or opposition. Supervisor Ross moved the Board accept the recommendation of the Planning Commission and approve the application of Bobby James Byrum for a conditional use permit to locate a mobile home for his daughter, Susanna B. Presson and her husband, on 23.79 acres of land located on Route 603,, in Windsor Magisterial District, with the. condition the mobile home be occupied only by Susanna B. Presson and her immediate family. The motion passed unanimously (4-0). (Supervisor Turner was not present.) County Attorney Crook asked for the Board's consideration. of the following subdivision plat: Plat showing "Ce-Barb Acres", a nine lot subdivision located on Routes 258 and 641 in Windsor Magisterial District. The site is located on Routes 258 and 641 and the proposed subdivision of nine lots is surrounded by newly built homes, along Routes 258 and 641, with several modest built two-story frame houses in the vicinity, said County Attorney Crook. The Department of Highways and Transportation has reviewed and approved the plat, said Mr. Crook. Mr. Crook also stated the plat has been reviewed by the Health Department. Mr. Crook continued stating there was no opposition at the Planning Commission meeting and the Planning Commission voted unanimously to recommend approval. Supervisor Edwards moved the Board approve the plat showing "Ce-Barb Acres", a nine lot subdivision located on Routes 258 and 641 in Windsor Magisterial District. The vote in favor was unanimous (4-0). (Supervisor Turner was not present.) // fJ County Attorney Crook informed the Board members .that at their request he had reviewed the insurance coverage for the Board of Supervisors and the Board's coverage is $1,000,000 with $5,000 deductible. County Attorney Crook recommended the Board of Supervisors' liability insurance coverage be increased to $2,000,000 and stated the coverage would not apply to the case presently per_ding in the Federal Court. Supervisor Bradshaw moved the Board comply with Mr. Crook's recommendation and increase the Board of Supervisors insurance coverage to $2,000.000. The motion carried unanimously (4-0). (Supervisor Turner was not present.) County Attorney Crook informed the Board members there had been some question as to the legality of Supervisor Edwards replacing C. Fred Bailey on the. Social Services Board. County Attorney Crook stated it was legal as the applicable statute provides that when a member of the ., BOi~ ~ : ~~• .. ~! ~ governing body's term of office ends on the Board of Supervisors it will also end his term on the Welfare Board. County Attorney Crook stated he had so informed Mrs. Bean, Director of Social Services, relative to the appointment. County Attorney Crook also stated he had discussed this with Mr. Bailey and he understands same. // County Administrator Standish informed the Board that W, Douglas Caskey, Assistant County Administrator/community Developmer_t, would present a brief report regarding the City of Norfolk pumping water in the Ennis Mill Run area. Mr. Caskey reproted that since 1942, the City of Norfolk has utilized Ennis Mi11.Run for the transfer of water from the Blackwater and Nottoway Rivers to the Lake Prince Reservoir in Suffolk. The movement of water is accomplished via an aquiduct system facilitated by pumping stations and channelization. A topographic map is attached which generally delineates the location and topography of Ennis Mill Run. Mr. Caskey stated that complaints .have .been raised by various property owners related to the flooding of adjacent land by the water transfer system operated by the City of Norfolk and concern has been cited that flooding along Ennis M~.11 Run is due to excessive pumping by Norfolk and that such pumping capacities have increased, particularly over the past decade. Mr. Caskey stated that Andrew Henderson, resident on the north side of U.S. Route 460 adjacent to the Run, has indicated that problems associated with rising water levels have occurred repeatedly since his purchase of the property in 1968, Mr. Henderson advised that .Norfolk's pumping can raise water levels within the channel by as much as three and one half feet and that pumping capacities-.seem to have increased during recent years.. Mr. Henderson further advises that as much as three acres of his ten acre tract has been `covered by water backing up on his property. R. Edwin Blair, Director of Public Utilities, .City of Norfolk, was contacted concerning this situation. Mr. Caskey stated he had advised him that he was' investigating this matter in an attemgt to determine any association between pumping activities by the City of Norfolk and the occurrence. of rising water levels along the stream. Mr. Caskey stated that Mr. Blair indicated that flooding along the-Ennis Mill Run can be attributed to the inundation of rainfall during the. region's "wet season'°, resulting in an increased area of water co•~erage. According to Mr. Blair, majority of this area has been identified by the Corps of Engineers as a hardwood swamp and, as such, water has a ponding effect similar to a floodplain. Overall, natural hydraulic conditions are sponsible for the identifible flooding problems. Mr. Blair emphasized that such conditions are seasonal, as evidenced by dry weather conditions which significantly reduce the flow of the stream.. // Supervisor Turner arrived at the Board meeting at 7:21 P.M. I/ ~h Mr. Casket' stated that in direct response to his inquiries relative to Norfolk's pumping activities,. Mr. Blair was adamant that the City has not increased its flow from the Blackwater River. Mr. Blair stated that the City is restricted by the very nature of the system and that no more water is currently being pumped than was similarly pumped in 1942. In summarizing the City's pumping measures, Mr.Blair advised that the pumping system operates when .the Lake Prince Reservoirs fall below 90$ capacity. The pumps are now operating because the City's impoundments are at 75~ capacity. Mr. Blair further indicated that between twelve and forty.-five million gallons of water .per day are pumped during such occurrences with an average daily movement of thirty ,million gallons per day. Mr. Casket' further stated that Mr. Blair did acknowledge that the various pumps within the transfer system have been replaced during the past decade, but such maintenance and parts replacement have not resulted in any increase in flow volumes. When asked if he or his representatives would be willing to meet with the Board of Supervisors for purposes of clarifying the City's position, Mr. Blair advised that certainly Norfolk would welcome the opportunity. C Mr. Casket' stated that concerning the question of litigation on the part of individual property owners, Mr. Blair stated he was not aware of any current litigation and that the City was working towards mitigating complaints with several property owners through the acquisition of property along the existing stream right-of-way. Mr. Casket' reported that Mr. Henderson has, however, retained legal counsel and Mr. Henderson requested that the City of Norfolk provide a response by March 1, 1988 which addresses his specific complaints and concerns. Determination of actual increases in the system's pumping capacities will require research of historical flow volumes, as metered, and available water use records. Further, topographic conditions, stream alignment and potential obstructions may warrant consideration on the part of Norfolk of additional easements or channelization. Following discussion on Mr. Caskey's report, Supervisor Edwards moved the County Administrator be directed to request an official report from the City of Norfolk relative to Ennis Mill Run and water pumping. The motion passed by unanimous vote of the Board (5-0). On motion of Supervisor-Turner, the Board voted. unanimously (5-0) to adopt a resolution accepting and appropriating a $50.00 contribution from the Smithfield Junior Woman's. Club for the County Animal Shelter. Supervisor Ross moved the Board. adopt a resolution accepting and appropriating a $2,000 contribution from the Camp Foundation for the Windsor Rescue Squad. The motion passed unanimously (5-0). Supervisor Turner moved the Board direct County Attorney Crook to prepare the necessary ordinance amendment to the Wetlands Ordinance to provide for charging a fee for permit applications and same be advertised for a public hearing to held at the Board of Supervisors' March 3, 1988 meeting. .The motion passed by unanimous vote of the Board (5-0) . As requested by County Administrator Standish, and on motion of Supervisor Turner, the Board voted unanimously (5-0) to direct the County Administrator to conduct two . ~ ;~. - 9 J t < .~ `~~ administrative public hearings on February 11, and 4 P.M.D relative to the proposed house-to-house refuseM~ collection prior to the Board's public hearing on same presently set for the February 18, 1988 Board meeting. Supervisor Bradshaw requested a breakdown on the cost of operating the refuse trucks, to include fuel costs, drivers salaries, total spent on maintenance, insurance and Standishfstatedbheewouldfprovideothesinformati Administrator Supervisor Bradshaw. on for County Administrator Standish informed the Board members that the Southeastern Public Service Authority's (SPSA) tipping fee for the regional landfill will be going up 15$ - from $23.00 to $27.00 per load. County Administrator Standish informed the Board members of a telephone call he received from Senator Richard J- Holland relative to proposed legislation regarding the reduction of counties' taxing ability on livestock and farm machinery. Following general discussion and on motion of Supervisor Edwards, the Board voted unanimously (5-0) to PaultCouncillrexoressinor Richard J. Holland and Delegate J. oPPose legislation reducingecountes'dtaxingnabilityoonlfarm machinery and livestock. County Administrator Standish stated he had two items, personnel and contractual matters to be discussed in executive session later during the meeting. // On motion of Supervisor Edwards, the Board voted unanimously (5-0) to direct County Administrator Standish to research. the possibility and feasibility of requiring subdivision developers (subdivisions containing 10 or more houses) to provide estimates of costs and returns to the County when application is submitted for the Board's consideration. // County Attorney. Crook informed the Board members he had prepared the gratitude resolution for C. Fred Bailey and asked that Mr. Bailey be asked to attend the Board meeting in order to receive same. On motion of Supervisor Bradshaw, the Board voted unanimously (5-O) to ask Mr. Bailey to attend the February 4. 1988 Board meeting to receive his resolution. County Attorney Crook also asked the Board if they w~" Ld like for him to prepare a gratitude resolution for -.... iff B. F. Dixon. Supervisor Turner. moved the Board direct County Attorney Crook to prepare a gratitude resolution to be presented to Sheriff Dixon at the February 4, 1988 Board meeting .and also ask Sheriff Dixon to be present. The vote in favor was unanimous (5-0). // Chairman Bradby moved that Bobby Bowser, 5 Crest Circle, Smithfield, Virginia, be appointed to serve as a member of the Planning Commission representing the Hardy District. The vote in favor was unanimou C s (5-O) . hairman Bradby moved that John F. Wynne. be appointed to serve another term as a member of the Isle of Wight 1 ~~ 1 ~e' 30 ~1~ ~ ~K! ~3 County Public Service Authority. The motion passed by unanimous vote of the Board (5-0). Supervisor Edwards moved that Fred Thompson, Sr., Route 1, Windsor, Virginia, be appointed to serve as member on the Planning Commission representing the Windsor District. The motion carried unanimously (5-0). // On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the General Fund Bill Register. // County Administrator Standish informed the Board members the January 7, 1988 Board minutes were not ready for their review. // Supervisor Turner moved the Board go into executive session for the purpose of discussing with legal counsel and staff members personnel and contractual matters. The vote in favor was unanimous (5-0). The Board went into executive session at 8:15 P.M. and returned to open session at 9:55 P.M. // County Administrator Standish recommended the Board i ce direct him to advise the Isle of Wight Public Serv ill contribute rental fees and Authority that the Board w building improvement costs to the Public Service Authority t through June 30, 1988; specifically the $399 per month ren f building improvement costs and the $1500 pro-rata share o ill be covered by the County on behalf of the Authority; w insurance for any vehicles secured by the Authority may be the direct placed on the County's existing policy, however, reimbursed to the County by d b e cost of such insurance shoul thority; employees benefits, including hospitalization A h u e t insurance should be provided by the Authority and telephone h e service to the Authority office must be provided by t Authority. Supervisor Edwards moved the Board accept the Standish relative to recommendation of County Administrator e Authority. The vote i c the Isle of Wight County Public Serv in favor was unanimous (5-0). On motion of Supervisor Turner, the Board voted Administrator Standish to unanimously (5-0) to direct County ith Municipal Advisors,. Inc. relative to revising the k w wor Pay and Personnel Plan, to include a grievance procedure plan, and report back to the Board. // Chairman Bradby moved the Board approve the following Board of Supervisors Committees for 1988: FINANCE COMMITTEE: Henry H. Bradby Richard L. Turner UBLIC WORKS: WATER, SEWER AND P Edwards St eve W. PUBLIC BUILDING: Thomas L. Ross Joel C. Bradshaw, Jr. PUBLIC SAFETY:. Thomas L. Ross Richard L. Turner PARKS AND RECREATION: Joel C. Bradshaw, Jr. •{ 3 .Our. l~ ~ ~ ~~!. - ri;: Thomas L. Ross PERSONNEL; Henry H. Bradby Steve W. Edwards TRANSPORTATION: Joel C. Bradshaw, Jr. Richard L. Turner SCHOOLS: Steve W.Edwards Richard L. Turner membersion passed by unanimous (5-0) vote of the Board // ' At 9:55 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-0). enry H, ra by, Chairman i~ 1