02-02-1988 Regular MeetingBOOK ~~ "rA"'~ ~ J
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SECOND DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED
EIGHTY NINE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steve W. Edwards
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles. E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Kenneth L. Chandler, Assistant to the County
Administrator
David J. Murphy, Public Utilities Director
Bill McKay, Planner
Betty Scott, Assistant Clerk
Chairman Bradby called the meeting to order at 2:01 P.M.
The invocation was delivered by Supervisor Bradshaw.
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Supervisor Bradshaw informed Richard W. Coates, Resident
Engineer, Department of Transportation, that Walter Edmonds,
resident on Route 619 near the prison farm, would like to have
the ditches along the road cleaned out. Mr. Coates stated he
would get in touch with him.
Supervisor Edwards asked County Administrator Standish to
send Bobby Lee and Nellie Mae King a copy of the letter from the
Department of Transportation of the results of their study of the
curve on Route 692.
Supervisor Edwards informed Mr. Coates that residents in
Central Hill still have ditch problems on Routes 1302, turn
around, and 1304. Mr. Coates stated he would review the
problems.
Chairman Bradby asked Mr. Coates if there is anything the
County can do to have the speed limit reduced in the area of
Sandy Mount church on Route 620. Mr. Coates replied that their
traffic engineer had conducted a traffic study and the study
revealed that the area does not meet the minimum standards for
reduction of speed.
Rev. James Johnson, resident of the Carrollton area, asked
for assistance in getting three bumps repaired on Route 258 in
front of his residence.
//
The Chairman called for a public hearing on the following
rezoning application:
The application of Vivian M. Whitaker and Lyman W.
Whitaker, owners, and James D. Auvil and Sheila Auvil,
prospective owners, for a change in zoning
classification from A-1, Agricultural Limited, to
Conditional B-1, Conditional Business General,
approximately .5 acre of land located on the south side
of Routes 32 and 258, between Routes 665 and 664, in
Newport Magisterial District. The purpose of the
application is to provide office space.
Rodham T. Delk, Jr., attorney, appeared to represent the
applicants and requested that the Board return the application to
the Planning Commission for further consideration since the
applicants are amending their application.
Supervisor Turner moved the Board grant the applicants'
request to return their application for a change in zoning
classification from A-l, Agricultural Limited, to Conditional
B-1, Conditional Business General, approximately .5 acre of land
located on the south side of Routes 32 and 258, between Routes
665 and 664, in Newport Magisterial District, to the Planning
Commission for further consideration since they are amending the
application. The motion carried (4-1) with Supervisors Turner,
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Ross, Bradshaw and Edwards voting in favor and Supervisor Bradby
voting against.
Chairman Bradby called a public hearing on the following
conditional use permit application:
The application of the Southeastern Public Service
Authority for a conditional use permit to operate a
regional sanitary landfill, on approximately 785 acres
of land south of Route 682, east of Route 652 and west
of Route 680, in Hardy Magisterial District.
The application of the Southeastern Public Service
Authority for a conditional use permit to operate a
regional sanitary landfill on approximately 958 acres
of land located south of Route 620, east of Route 652
and west of Route 258, in Hardy Magisterial District.
The application of the Southeastern Public Service
Authority for a conditional use permit to operate a
regional sanitary landfill on approximately 896 acres
of land located north of Route 600, south of Route 644,
east of Route 258 and west of Route 637, in Newport
Magisterial District.
Chairman Bradby asked Assistant County
Administrator/Community Development, W. Douglas Caskey, to give a
summary of the proposed landfill sites application.
Mr. Caskey stated that application site #1 is located in the
Hardy Election District and sites #4 and #5 are located in the
Windsor Election District. Mr. Caskey continued stating that a
public hearing for the three proposed sites was held by the
Planning Commission November 9, 1988 at which time Durwood
Curling, Executive Director of the Southeastern Public Service
Authority, gave a slide presentation of the various parts of the
Authority's waste disposal system and explained the reason for
the present application. Mr. Curling stated a new landfill is
needed because of rapid population growth in the region combined
with the inability to horizontally expand the existing Suffolk
landfill. Concerns were expressed raised by citizens including
groundwater contamination, the unfair burden on Isle of Wight to
accept trash since the County contributes a small percentage of
the total regional waste, increased truck traffic (especially in
school zones), wetlands, the impact on nearby residents,
proximity to the Courthouse (Site 4), attraction of undesirable
animals, negative impact on surrounding property values and
general concern about odor and unsightliness, said Mr. Caskey.
Mr. Caskey stated several petitions were presented in opposition.
Mr. Caskey further stated that the Virginia Council on the
Environment was contacted in November and asked to conduct a
review of the sites and the related engineering report submitted
by SPSA. Professor Gerald H. Johnson, a certified geologist from
the College of William and Mary, was requested by the County to
review the three proposed sites in terms of their respective
soils suitability and associated environmental impacts, said Mr.
Caskey. Each of these reports found that Site #5 was the most
suitable for the land, although all the sites under consideration
were cited as having certain limitations, said Mr. Caskey. The
Council on the Environment report suggested that the County
assure itself that SPSA has conducted a thorough search for
alternative sites and Dr. Johnson's report also gave
recommendations for inclusion in a contractual agreement between
the County and SPSA, in the event a site is approved, said Mr.
Caskey. Mr. Caskey continued stating that the Planning
Commission voted to recommend denial of all three sites and
requested SPSA present other sites for consideration.
Mr. Caskey read the following letter from the Sports
Authority of Hampton Roads in favor of the proposed site #5 for
the regional landfill:
"Sports Authority of Hampton Roads
The Regional Building
723 Woodlake Drive
Chesapeake, Virginia 23320
Telephone: 420-8300
January 27, 1989
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Mr. Henry H. Bradby
Chairman, Board of Supervisors
Isle of Wight County
Route 2, Box 415
Smithfield, Virginia 23430
Re: Motorsports Complex
(ORG:SAHR)
Dear Chairman Bradby:
The Sports Authority of Hampton Roads (SAHR)
continues to pursue a motorsports complex to be located
in Isle of Wight County. The site for this activity
overlaps a possible SPSA Regional Landfill Site (#5),
now under consideration by the Isle of Wight Board of
Supervisors.
This letter is to indicate that the members of
the SAHR believe it would be financially advantageous
for the motorsports complex and the regional landfill
to be co-located, or adjacent to each other. Informal
staff discussions suggest that joint use of water,
sewer and other utilities, as well as improved road
access would result in benefits and savings to both and
they would not be incompatible activities. The SAHR
has taken no position on the regional landfill.
However, we did want to convey to the Board of
Supervisors our thoughts in the event there may have
been some questions on whether or not the motorsports
complex would be adversely affected by a possible
landfill. In fact, we believe they would be mutually
beneficial.
Sincerely,
s/Ron H. Pack
Chairman, SAHR
RHP:jmc"
Durwood Curling, Executive Director, Southeastern Public
Service Authority, stated the Authority has held public briefings
and conducted tours in an effort to inform the citizens what
their plans are and how the sanitary regional landfill will be
operated and maintained. Mr. Curling stated the following
conditions: (1) the conditional use permit shall be ,conditioned
upon the Southeastern Public Service Authority obtaining all
appropriate Federal and State permits, including any required by
the U. S. Army Corps of Engineers permit process. It is
understood that this process may require a full Environmental
Impact Statement, which could include all appropriate Federal and
State Regulatory Departments and Agencies, per the following: U.
S. Environmental Protection Agency, U. S. Fish & Wildlife
Service, National Marine Fisheries Service, Virginia Institute of
Marine Science, Virginia State Water Control Board, Virginia
Marine Resources Commission and Virginia Council on the
Environment; (2) the conditional use permit shall be conditioned
upon an .appropriate traffic impact analysis, reviewed by the
Virginia Department of Transportation, and upon commitment by
SPSA to implement any improvements recommended by the State that
are required due to the presence of the landfill; (3) the
conditional use permit shall be conditioned upon approval of the
landfill site and design, and issuance of appropriate permit, by
the Virginia Department of Waste Management. The design and
operation of the landfill shall meet or exceed such State
standards as may be in place at the time of construction. Any
waiver from these standards shall first receive County approval,
(4)'a complete archaeological and historical survey of the site
shall be accomplished prior to construction. If and when
archaeological or historical features are discovered, they shall
be detailed and catalogued and the County shall be immediately
notified of same, (5) the conditional use permit shall be
conditioned upon commitment by SPSA to pay the County's share of
the interest participation costs associated with the extension of
HRSD sewer service to the intersection of Routes 258 and 460,
provided that the County has instituted an appropriate mandatory
connection requirement for new development. This commitment
shall commence at the time construction of the landfill commences
and shall continue for a period of ten years, (6) the conditional
use permit shall be conditioned upon the commitment of SPSA to
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act as agent•on behalf of Isle of Wight County and the Hampton
Roads Regional Sports Authority, to the extent allowed by law, to
acquire that adjacent property necessary to construct and operate
a motor speedway. SPSA shall acquire the property, and make it
available to Isle of Wight through an agreement with Isle of
Wight County to receive a portion of any lease revenues from the
use of the property as a motor speedway; (7) the conditional use
permit shall be conditioned upon a certificate from the City of
Norfolk that it presents no objection to the site as it relates
to any of their reservoir systems located in Isle of Wight
County, (8) the conditional use permit shall be conditioned upon
a properly executive agreement between Isle of Wight County and
SPSA to include the following: (a) free County disposal for a
period of not less than 30 years, beginning at the time landfill
operation commences, (b) half price commercial disposal for not
less than 30 years, beginning at the time landfill operation
commences; (c) buffer zone around active landfill operations to
the County's satisfaction for proper visual attenuation and noise
abatement; (d) enviornmental protection insurance or trust fund
during operation and for 30 years thereafter; (e) leachate
collection/disposal system via HRSD; (f) groundwater. monitoring
at the landfill and a mitigation plan for three miles area around
landfill; (g) first right of refusal to County for ownership of
landfill site at no cost; (h) free disposal of unused farm
chemicals, pesticides, herbicides and similar farm products
produced by farming operations conducted in Isle of Wight County
to the extent permitted by State and Federal laws and
regulations; (i) extended, seven days a week, free access for
County residents for disposal of household solid waste, to be
located separate from the active landfill operations, and (j)
other conditions as may be negotiated.
Mr. Curling distributed a handout to the Board members
providing information relative to savings to the County and
design of the cross section of landfill as to how it will be
constructed, stating the cost to the County would be
approximately $17,098,601 which is very conservative. Mr.
Curling also stated that the County would be the fourth community
to take waste generated in the eight communities.
Mr. Curling asked the Board's favorable consideration of site #5
for the proposed landfill.
Joseph Lee Edwards, County resident near the Courthouse,
read a letter in opposition expressing concern relative to
traffic, location, leachate problems, pollution, and the
unattractiveness of the landfill.
Steve Seufer, Town Administrator, Town of Windsor, appeared
in opposition stating he did not believe all of the information
has been provided to the Board to make a decision, especially
relative to traffic. Mr. Seufer stated he feels a traffic study
should be made prior to site approval.
Ted Lawson, resident of the Town of Windsor, appeared in
opposition, especially to the proposed site #5. Mr. Lawson
stated he feels that will bs; potentially dangerous and have a
long range affect on the water supply. He also expressed
concerns relative to the plastic liners only being guaranteed for
20 years use, additional traffic on Routes 460 and 258 to the
landfill location, cleanliness, hunting, wetlands and he does not
feel the landfill will enhance the Town of Windsor. Mr. Lawson
urged the Board to reject the proposed conditional use permit and
do further study to get adjoining jurisdictions to participate in
a landfill which would have less affect on that area.
Shirley Edwards, resident on Route 600, appeared in
opposition expressing concern relative to possible contamination
of the water supply.
Nan Walker, resident on Route 600, appeared in opposition
expressing concern regarding noise, groundwater, contamination,
odors and landscape. Ms. Walker asked the Board to vote no on
the proposed application.
Terry Edwards, resident on Route 600, appeared in opposition
expressing concern regarding noise, pollution, odor, nuisance,
and the motorsports complex.
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1
Grace Keen, President of the Isle of .Wight Citizens
Association, spoke in opposition expressing concerns relative to
environmental impact, Surry nuclear plant, chemical
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contamination, increased taxes and leachate. Mrs. Keen stated
their Association would support a County landfill for use by
County citizens, as well as the race track. Mrs. Keen asked that
the public hearing be continued until the February 16, 1989
meeting to allow more citizens to participate in the discussion.
David Joyner, resident on Route 606, appeared in opposition
expressing concerns regarding drinking water, hunting, ground
water, liners and pipe depth, traffic and questioned the
percentage of use of the current landfill by Southampton and Isle
of Wight residents.
Sherlon Lankford, resident on Route 682, appeared in
opposition expressing concerns relative to traffic, lagoon behind
his house, toxic waste and condemnation of property in later
years for expansion.
Mrs. John Ramos, resident on Route 682, appeared in
opposition expressing concerns regarding traffic, safety of
children, condemnation, water level and accessability for fire
and rescue departments to answer calls. Mrs. Ramos asked that a
referendum be held in order for the County residents to vote for
a regional landfill.
A. Dwight Doggett, Jr., farmer and life long resident of the
County, appeared in opposition to speak on behalf of his father
and children. Mr. Doggett asked the Board members that "when
the vote is made on this project, will you make Isle of Wight
County a better place to live"?
Ruth Whitley, resident on Route 637, appeared in opposition
expressing concerns regarding traffic and SPSA acquiring and
owning the proposed motorsports complex.
A. D. Doggett, Sr., County resident near the Courthouse,
appeared in opposition and stated he does not feel that the
County needs a landfill at this time and this is not a money
issue.
Sandra Doggett Crocker, Central Hill resident, also
representing her husband Peter Frank Crocker, .appeared in
opposition. Mrs. Crocker stated she hoped the Board members
would listen to the comments of the County residents and vote
accordingly.
Supervisor Bradshaw asked if a water tower could be used to
furnish a water system, to which Mr. Curling answered they would
install a tank with a capacity to serve the speedway, as well as
the landfill.
Supervisor Edwards expressed concerns relative to a trust
fund to take care of any potential disaster after closure. Mr.
Curling stated $50,000 would be provided initially and an
additional $5,000 or $10,000 would be added for 30 years and the
trust fund would be left for 30 years after closure. Mr. Curling
further stated that there will be $1 1/2 million insurance on the
facility while in operation; however, no insurance will be
available after it is out of operation. Supervisor Edwards asked
who would monitor the groundwater system, to which Mr. Curling
replied they would employ individuals to take tests and report to
the Health Department and SPSA.
Supervisor Bradshaw expressed concern regarding the time
frame for the installation of sewer lines to Windsor, if SPSA's
request for the conditional use permit for the regional landfill
fell through or it required a longer length of time than
anticipated.
Supervisor Turner asked County Attorney Crook if Sites #1,
#4 and #5 could be considered separately, to which Mr. Crook
replied the Board can .vote on them together or vote cn each
separately.
Supervisor Turner moved to eliminate sites #1 and #4 for
consideration of the proposed regional landfill in Isle of Wight
County.
Supervisor Edwards stated he does not support sites #1, #4
or #5, and stated the Board should close the door on this
entirely because so many people are in opposition.
soak 14 ~as~274
The vote in favor of the motion of Supervisor was unanimous
(5-0).
Supervisor Edwards moved to eliminate site #5 from
consideration for the proposed regional landfill.
Supervisor Ross reminded the Board members that they tried
for years to locate a site fora County landfill and could not
find a suitable site because no one wanted it in their backyard,
thus the reason for County participation in the regional landfill
in Suffolk. Supervisor Ross continued stating that if Isle of
Wight County is going to be a dart of the regional landfill, it
must do its fair share. Supervisor Ross also stated the cost of
operation for a County landfill would be tremendous.
County Administrator Standish stated the possible cost for a
County landfill only which would consist of 150 acres fora 20
year period would cost approximately $38,360,000, which is a
conservative figure. Approximately 815 tons of trash would be
generated per year which would result in tipping fees over what
we are paying SPSA. Mr. Standish stated that if the regional
landfill was located along Route 460 from Ivor toward Petersburg,
it would increase tipping fees due to the distance and it would
not help the traffic situation. County Administrator Standish
encouraged the citizens to consider a regional landfill.
Supervisor Turner stated the County has to pay its dues in
one of two ways; (1) participate in the regional landfill or (2)
own one ourselves, which will be controlled by State and Federal
laws. Supervisor Turner continued saying that recycling is an
answer, but the County cannot begin to do the recycling job that
SPSA can do. Supervisor Turner stated he supported Mrs. Keen's
suggestion to table action until the February 16, 1989 meeting in
order that other County citizens may add their input.
Chairman Bradby stated he feels we need to work together to
secure a landfill site that will be acceptable to all concerned.
The motion made by Supervisor Edwards to eliminate.site #5
was defeated with Supervisor Edwards voting aye and Supervisors
Bradby, Bradshaw, Ross and Turner voting nay.
Supervisor Turner moved the Board table action on site #5
for the proposed regional landfill until the February 16, 1989
meeting.
//
Prior to voting on the motion made by Supervisor. Turner,
Supervisor Bradshaw moved to have a ten minute recess,
Supervisor Turner withdrew his motion.
Supervisor Bradshaw's motion passed by unanimous (5-0) vote.
The Board recessed at 3:50 P.M. and reconvened at 4:07 P.M.
//
Supervisor Ross informed the Board members that Mrs. Barry
Wilson said the microphones did not work, she could not hear
their comments.
//
Supervisor Turner again moved the Board table action on the
proposed #5 site for a regional landfill to the February 16, 1989
Board meeting. The motion passed (4-1) with Supervisors Bradby,
Bradshaw, Ross and Turner voting aye and Supervisor Edwards nay.
Supervisor Turner asked County Administrator Standish to
prepare a cost estimate for a County landfill operation and
report to the Board.
//
Richard Wells, County resident, asked the Board to think
long and hard before making a decision on the proposed landfill.
//
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Assistant County Administrator/Community Development, W.
Douglas Casket', presented the following request for the Board's
consideration:
The request of the Benn's Church Development Company to
construct medical offices on property located within
the designated St. Luke's Historical Zone.
No one appeared in favor or in opposition.
Mr. Casket stated the request was considered by the
Historical Architectural Review Committee January 24, 1989 at
which time the Committee found the proposal to be architectually
compatible with the historic landmark therein and voted to
recommend approval of the request, contingent on final approval
by the Committee of the color and type of siding and brick, the
bond of brick and the type of shingles to be applied. The
Committee also recommended that the window trim be painted a
different, but compatible color.
On motion of Supervisor Turner, the Board voted unanimously
(5-O) to approve the request of Benn's Church Development Company
to construct medical offices on property located within the
designated St. Luke's Historical Zone.
//
County Attorney Crook advised the Board he had received a
letter from the Justice Department indicating that they have no
objection to moving the Registrar's office and he had so informed
th,e Registrar.
County Attorney Crook advised the Board that the peddlers'
ordinance needed to be amended to delete the license tax fee
because the business license tax ordinance taxes gross reciepts
which amounted to double taxation. He also advised that the
zoning ordinance needed to be amended to delete the tax per site
on travel trailer parks for the same reason.
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to authorize County Attorney Crook to prepare an amendment
to the peddlers and itinerant vendors ordinance and advertise
same for a public hearing.
Supervisor Edwards moved the Board authorize County Attorney
Crook to prepare an amendment to the zoning ordinance relative to
travel trailer parks and advertise same for a public hearing.
The vote in favor was unanimous (5-0).
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to direct County Administrator Standish to provide them
with additional information relative to the proposed tax
exemption for rehabilitation of real estate prior to County
Attorney Crook advertising same for a public hearing.
//
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to approve the request of Herbert L. Jones, Extension
Agent, to provide funds in an amount not to exceed $300.00, to
purchase materials to be utilized by the appointed committee to
ascertain the extent of gypsy moth activity in the County and to
track same.
Supervisor Turner moved the Board appoint the following
gypsy moth committee: Robert P. Taylor,ITI, T. H. Blount,
Charles Rose, James Ashby, James Pierce, Keith Newcomer, Charles
J. Collins and Herbert L. Jones. The motion carried unanimously
(5-0).
On motion of Supervisor Ross, the Board voted unanimously
(5-0) to approve the change order, in the amount of $21,170 minus
$4,809 - total amount of $16,261, for the renovation of the old
Smithfield High School library project.
//
County Administrator Standish informed the Board members
that Sheriff Phelps at the moment was involved with an important
law enforcement matter and would present his report at the
February 16, 1989 meeting.
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County Administrator Standish informed the Board members
that the Boy Scouts were interested in obtaining some of the old
furniture stored in the Boykin's Tavern for use in their regional
office. County Attorney Crook informed the Board members that
they would need to declare the furniture surplus and donate it to
the Boy Scouts. On motion of Supervisor Turner, the Board voted
unanimously (5-0) to declare the desks and chairs stored in
Boykin's Tavern as surplus aroperty and to donate same to the Boy
Scouts for use in their regional office.
//
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to direct County Attorney Crook to review the statute
relative to hunting dogs at the pound and disposition of same and
report back to the Board.
Supervisor Edwards asked County Attorney Crook if he had
reviewed the statute relative to exemptions to the provisions of
a local business license tax. County Attorney Crook stated he
and the Commissioner of Revenue, Gerald H. Gwaltney, had met and
discussed same. County Attorney Crook stated Mr. Gwaltney has
correctly applied the law in the case of Mabry Scott, to whome he
was certain Supervisors was referring.
//
Supervisor Turner moved the Board appoint Thomas L. Ross to
serve a term of four years as a member of the Isle of Wight
Public Service Authority representing the Smithfield Election
District. The motion carried unanimously (4-0-1) with
Supervisors Bradby, Bradshaw, Edwards and Turner voting aye and
Supervisor Ross abstaining.
//
On recommendation of County Attorney-Crook and motion of
Supervisor Ross, the Board voted unanimously (5-0) to approve the
January 5, 1989 Board of Supervisors minutes.
//
Supervisor Edwards moved the Board go into executive session
for the purpose of discussing with legal counsel and staff
members negotiations, contractual matters and potential business
locations.
//
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to approve the employment of David M. Griffith and
Associates to prepare a report on impact fees for the County at a
cost of $9,900.00.
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to approve the employment of David M. Griffith and
Associates to prepare a report on user fees in Isle of Wight
County at a cost of $9,900.00.
//
At 5:21 P.M. Supervisor Ross moved the meeting be adjourned,
which passed unanimously (5-0).
yL z 9' ' ~~ZJ`"~
enry H. Bra by, C~iairman
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