Loading...
02-16-1989 Regular MeetingBoor 14 p~c-2?? REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED EIGHTY NINE 1 PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner Also attending: Myles E. Standis+3~, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Kenneth W. Chandler, Assistant to the County Administrator Charlie W. Phelps, Sheriff Steven G. Bowman, Lt., Sheriff's Department Betty Scott, Assistant Clerk Absent: H. Woodrow Crook, Jr., County Attorney The Chairman called the meeting to order at 7:03 P.M. The invocation was delivered by Fred Thompson, Sr. // Chairman Bradby called for a public hearing on the following proposed ordinances: An Ordinance To Amend The Isle of Wight County Code, Chapter 4, Article III, to Add Provision For Refund Of Fees For Inspections When Not Completed No one appeared in favor or in opposition. [J On motion of Supervisor Ross, the Board voted unanimously (5-0) to adopt the "Ordinance To Amend The Isle of Wight County Code, Chapter 4, Article III, to Add Provision For Refund Of Fees For Inspections Whpn Not Completed". AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE, CHAPTER 4, ARTICLE III, TO ADD PROVISION FOR REFUND OF FEES FOR INSPECTIONS WHEN NOT COMPLETED BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the Isle of Wight County Code, Chapter 4, Buildings, Article III, Inspections, Division 2, be amended by adding thereto Section 4-7.2 to read as follows: Section 4-7.2. Refunds. In the case of a revocation of a permit or abandonment or discontinuance of a building project, refunds of fees paid pursuant to Section 4-7.1 shall be paid for the portion of the work which was not completed upon certification thereof by the building official and approval of the county administrator. An Ordinance To Set Water Rates and Fees For The Department Of Public Utilities County Of Isle of Wight, Virginia No one appeared in favor or in opposition. 1 On motion of Supervisor Edwards, the Board voted unanimously (5-0) to adopt "An Ordinance To Set Water Rates and Fees For The Department of Public Utilities County Of Isle of Wight, Virginia". AN ORDINANCE TO SET WATER RATES AND FEES FOR THE DEPARTMENT OF PUBLIC UTILITIES COUNTY OF ISLE OF WIGHT, VIRGINIA BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia,, that the water rates and fees of the Department of Public Utilities for the County of Isle of Wight, Virginia, are as follows: WATER RATES AND FEES DEPARTMENT OF PUBLIC UTILITIES COUNTY OF ISLE OF WIGHT, VIRGINIA e0(~« ~~# ~~rrZ7~ Connection fee (5/8" meter) $800.00 Water ate (per 1,000 gallons} 1.25 Minimum monthly bill 12.00 * New account fee 10.00 Transfer fee 10.00 Deposit 35.00 Meter services charge (per month) 3.25 Turn on/off (delinquent account} 15.00 Bad check charge 25.00 Late payment charge (per month) 1 1/2$ * 7,000 gallons at $1.25 $ 8.75 Service charge 3.25 TOTAL $12.00 // Supervisor Bradshaw moved the agenda~be amended to consider Item VIII (b), Old Business. The vote in favor was unanimous (5-0). Chairman Bradby called for consideration of 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 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. (Tabled February 2, 1989.). Rodham T. Delk, Jr., attorney for the Town of Windsor, appeared on their behalf, expressing concerns relative to traffic impact on Routes 460 and 258 and requested a traffic impact study prior to Board consideration. Mr. Delk asked the Board to table action until such a traffic impact study was available. David Joyner, Windsor resident, suggested the Southeastern Public Service Authority (SPSA) study the. feasibility of incorporating the Norfolk Southern rail line in transporting burned refuse to abandoned mines. Mr. Joyner continued stating such a program is being used in two counties in Virginia and would be environmentally safe while providing jobs. Betty Alphin, Windsor resident, appeared and stated she had given Chairman Bradby 711 letters asking the Board to vote against the proposed conditional use permit application tonight. Lud Lorenzo Spivey, Windsor resident, said to the Board members that tonight you will make an important decision, you must if you do your duty, vote not your opinion or your interest only, but you must vote the will of the people. Mr. Spivey stated that if the government does not respond to the people, then the people will respond to the government, we are not blind observers and you cannot be deaf listeners. Mr. Spivey stated he asked Mr. Curling at a meeting whether all of the governing bodies in SPSA had been approached about the possibility of a landfill in their locality, as to its suitability and its feasibility, and if SPSA;: itself and its staff had looked at all of the land within SPSA`s domain with respect to its geographical features and the effect that the landfill would have both ecologically as well as on the people. He stated the answer to the questions was no. Mr. Spivey stated that the people of Isle of Wight County will not be victimized without a thorough investigation of possible better sites, not just within Isle of Wight County, but within all areas of SPSA. Mr. Spivey further stated that the people of Isle of Wight County do not want a landfill and do not deserve a landfill until and unless .every inch of ground is examined in Norfolk, Portsmouth, Cheaspeake, Virginia Beach, Suffolk, Isle of Wight, Franklin and Southampton County. Mr.~~pivey stated that in the end, we may have the most appropriate site, but the issue remains unresearched and incomple~:e. Brenda Vaughan, Newport District resident, appeared in opposition and asked the Board to vote tv deny the landfill in Isle of Wight County. Fred Thompson, Windsor resident, spoke in opposition to the proposed landfill. Mr. Thompson reminded the Board members that the citizens of Isle of Wight County elected them to represent 1 1 ~oo~ 1~ .~y~279 the citizens in local government and asked them not to forget the promises they made when elected. Mr. Thompson further stated we are expecting you (Board) to vote tonight and let the citizens know where the Board stands. Joe Ferguson, County resident, spoke in opposition and referred to the. proposed landfill as a dump. Mr. Ferguson expressed concerns regarding odor, seagulls, large and loud trucks, the possibility of hearing the compactors laying soil of all visibilit nt id b if y , y res e a near over the top of ground the litter on the road and the hesitation of banks to approve loans because of property being near the dump site. Frances Latimer, County citizen, spoke in opposition stating Isle of Wight County does not want to be a dump, the developers do not care about the citizens and it's time the Board woke up and took a look at what they are doing. Ms. Latimer stated if such an issue comes up again, the County citizens should be able to vote on the proposal. Charlie R. Jones, County citizen, appeared in opposition expressing concerns regarding the water level and traffic. Mr. Jones asked the Board to vote no. Nan Walker, resident on Route 600, appeared in opposition, expressing concern regarding the natural: resources and wildlife and stated she felt the jurisdiction with the largest amount of refuse should construct the landfill, not Isle of Wight County since the County is contributing only 2$ of the trash to be burned. Dwight Doggett, Jr., County citizen, spoke in opposition. Mr. Doggett expressed concerning regarding SPSA being willing to provide reduced tipping fees, providing sewer from the City of Suffolk line to Windsor and asked if the risk is worth it to the County citizens. Mr. Doggett asked the Board to vote no. Ray Holland, County resident, spoke in opposition stating the report. from the Council on the Environment was a good one. Mr. Holland stated he is bitterly opposed to a regional landfill being located in Isle of Wight County, as well as the County owning its own landfill. Mr. Holland further stated a County owned landfill would be too expensive and cause a lot of headaches.. Mr. Holland stated he would like to see a recycling and incineration program centrally located in the major trash areas. James Bradshaw, County resident, appeared in opposition. Mr. Bradshaw stated he was one that would be most affected since he lives-right in front of the proposed landfill. Mr. Bradshaw expressed concern regarding condemnation of his. land, odor and traffic. John Butler, County resident, appeared in opposition. Mr. Butler stated since Virginia Beach joined SPSA late and took part of the land in Suffolk, he feels it is Virginia beach's turn to provide a landfill site. Mr. Butler continued stating the County is furnishing. Virginia Beach water and it is their responsibility regarding trash. Supervisor Edwards stated it is a difficult decision to make. Supervisor Edwards continued stating the County would not be acting irresponsibly by rejecting the proposed landfill, and that denial would serve as a catalyst to force the State to deal with the trash problem. It's going to take pressure, it's going to take a crisis, stated Supervisor Edwards and we are going to prompt a very serious problem by voting no. Supervisor Bradshaw expressed concerns regarding the Navy plant and the generation of steam, as well as the recycling process. Chairman Bradby stated letters of opposition had been received from Randolph Barlow, Windsor Ruritan Club and the 711 letters presented by Betty Alphin earlier. Chairman Bradby stated the citizens have made it loud and clear that they do not want a regional landfill in the County. Supervisor Ross stated the citizens have spoken and what they had to say is important and he would like to entertain a motion to grant Attorney Delk's request to table action on the ROOK ~~ ~A;~20O proposed conditional use permit until such time a traffic impact study can be prepared. Supervisor Ross suggested the County stay within the regional network and do further research before taking action. Supervisor Turner stated some excellent points had been made by the citizens, that there are problems finding a landfill site, that a recycling process would be beneficial to Count} citizens and same could be conducted by SPSA much more effectively, and that when the County joined SPSA we agreed to help develop same and do our part. We have to take our turn, stated Supervisor Turner. Supervisor Edwards moved the Board accept the recommendation of the Planning Commission and deny the application of the Southeastern Public Service Authority for a conditianal 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 636, in Newport Magisterial District. The motion carried (3-2) with Supervisors Bradby, Edwards and Bradshaw voting aye and Supervisors Ross and Turner voting nay. // At 8:35 P.M. Supervisor Turner moved the Board take a ten minute recess. The vote in favor was unanimous (5-0). The Board reconvened at 8:54 P.M. // Supervisor Edwards moved the agenda be amended to consider Item VIII, Old Business, a. The motion passed by unanimous (4-0) vote. Supervisor Bradshaw was absent when the vote was taken. Chairman Bradby called for consideration of the following rezoning application which was tabled at the January 19, 1989 Board meeting. The application of Newport Investments, owner, and Michael Orlando, prospective: owner/lessee, for a change in zoning classification from A-2, Agricultural General, approximately 15 acres of land located off the west side of Route 17, between Routes 661 and 662, in Newport Magisterial District. The purpose of the application is for a recreational facility and accessory uses. Supervisor Turner stated there had been a meeting at his home with the Cannon Acres Homeowners Association group in an attempt to reach a mutually workable agreement between the citizens and the owner/lessee. Supervisor Turner stated a new proposal had been prepared for consideration. William H. Riddick, attorney representing the applicant, stated the applicants would like to present a revised application for rezoning. Mr. Riddick stated the acreage had been reduced approximately 750, to 4.36 acres instead df the original requested 15 acres, the original permitted uses would still apply to the proposed rezoning application with an additional use of a business sign. The following proposal was presented for the Board's consideration: (1) an area 400 feet wide and 475 feet deep in the Northeast corner of the subject property shall be rezoned from A-2 to B-1 Conditional. The area to be rezoned is adjacent to the property located on Route 17 which is presently zoned B-1. It c.pntains approximately 4.36 acres and includes the dwelling presently located on the property. (2) The permitted uses requested ~.n the original application for rezoning dated November 2'5, 1988 shall apply to the property to be rezoned. The additional permitted. use for the location of business signs shall also be required. (3) A 30' buffer zone shall be established along the property line between the subject project and the Cannon Acres Subdivision (chain link fence and landscaping). (4) Parking areas shall not be located within 300 feet of the existing fence line between subject property and the Cannon Acres Subdivision. (5) No additional. commercial buildings shall be located within 150 feet of the existing fence line between the subject property and the Cannon Acres Subdivision. (6)) Any application for the location of an amusement center or arcade shall limit the number of pool tables to three and the number of video games to twelve. (7) The physical barrier between the subject property and the Cannon Acres Subdivision shall be topped ~' ~oo~ 1~ :~~-281 by barbed wire should the Cannon Acres Homeowners Association make such a request in writing. Mr. Riddick asked the Board to give favorable consideration to the application. Supervisor Edwards as~ted if the application could be altered without going back to the Planning Commission for its consideration, to which Attorney Riddick replied, "Yes, as long as you do not increase the acreage and we are requesting. less acreage". Barbara Edwards, Cannon Acres resident, appeared in opposition expressing concerns regarding the buffer. Michael Moughamian, Cannon Acres resident, appeared in opposition expressing concern relative to a plat for the proposed rezoning. Sherry Neff, Cannon Acres resident, spoke in opposition relative to the permitted uses, enforcement of proffers, .and parking area. Don Marois, Cannon Acres resident, questioned-the use of the existing building on the property and expressed concerns regarding the buffer zone, house to be used for the pool games and video games. Michael Moughamian, Cannon Acres resident, asked the Board to table action on the proposed application until they could see what part will be zoned B-1 and asked what happens to the property should the proposed sports center fold. W. Douglas Caskey, Assistant County Administrator/Community Development stated that the conditions go with the property and cannot be changed without additional rezoning requests. Supervisor Turner moved the Board approve the revised application of Newport Investments, owner, and Michael Orlando, prospective owner/lessee, as presented by Mr. Riddick. The vote in favor was unanimous (5-0). // James P. O'Briant, III, representing the Windsor Volunteer Fire Department and the Windsor Town Council, appeared and asked the County's support in selecting a new site and cost estimates relative to a new fire department building. On motion of Supervisor Turner, the Board voted unanimously (5-O) to appoint Supervisor Edwards and Supervisor Bradshaw to work with the Windsor Volunteer Fire Department Committee and representatives of the Windsor Town Council Property Committee relative to selecting a new site and seeking cost estimates, etc. Sharon Hines, resident at 335 South Church Street, Smithfield, Virginia, appeared on behalf of the Concerned Citizens of Smithfield and read the following letter appealing to the Board to work with the Town to get a proper traffic study for the proposed 5 lane traffic development: "February 19, 1989 Board of Supervisors Isle of Wight County Gentlemen: My name is Sharon Hines. I live at 335 South Church Street in Smithfield. I have been asked to deliver this message tonight on behalf of the Concerned Citizens of Smithfield. The Chairman of our group, William J. Holleman, who normally speaks on behalf of our group, is out of the State tonight. As many of you know, our group formed nearly a year ago to fight the proposed widening of South Church Street from two to five lanes between the Cypress Creek Bridge and the Bypass. Since then, 600 people have signed petitions against five lanes. The vast majority, well over 90$ of the speakers at all 800K• ~¢ 'rAt;l~C7~ Public meetings on this issue have been against five lanes. Over thirty of the businesses in the project area have signed petitions specifically against five lanes, and in favor of three lanes. By our count, if you add up all the Public meetings on this subject, no more than three or four people, total, have ever spoke in favor of five lanes. We, as business people and residents, recognize that some improvement of the street would benefit those businesses now located on South Church Street, and an appropriate improvement might help attract more commercial development. We support widening South Church to three lanes in the project area. We offered our support to a further compromise of a fourth lane between Battery Park Road and the Bypass. At the suggestion of the National Trust for Historic Preservation, a nationally recognized traffic engineer, Robert Morris, visited the project area last year. Mr. Morris also reviewed VDOT's plans for the five lanes and VDOT's traff..ic surveys of the Town and County. Mr. Morris has continued to review VDOT's proposed revisions of the five lane plan, including limiting the five lanes to the southern half of the project area. He has found that there is no engineering need for any more than three lanes on South Church Street. Mr. Morris also reports that, inevitably, five laning the street, even half-way, will create more through traffic on South Church Street. This will mean more traffic using the two lane portion of the street in Smithfield's national historic district, which already has too much through traffic. Mr. Morris continues to recommend no more than three lanes in the project area...together with a widening of the Bypass to four lanes to accommodate through traffic there.. What has been more frustrating to us, throughout the last year, is that VDOT refuses to perform the studies and surveys which are required to understand current traffic patterns and to professionally plan the traffic flows which will most benefit our Town and County in the future. All VDOT has, in the way of data, are traffic counts at a few places on South Church. They freely admit that they don't have the slightest idea where any of the current traffic is coming from or going to. Obviously, without the least understanding of what is happening on the street now VDOT could not possibly understand the impact the five lanes will have in the future. ' We are not willing to gamble the future of our businesses, the quality of life in Smithfield, and the irreplaceable and invaluable historic resource represented by Old Town, on the ill-informed whims of VDOT engineers. Therefore, we appeal to this Board, as our elected representatives, to help us work toward the right improvement on South Church Street. Since VDOT refuses to get the facts needed to properly design the project, it looks like it will be up to us here in Isle of Wight. We know that the County has undertaken a master development plan for Isle of Wight. We understand this plan should be finished some time next year. Obviously, this plan must include the road improvements that should be made as the County continues~pto grow. We ask that South Church Street be given special attention in the County's study. r 1 1 eo0( ~~ yA6f283 And, we request that the County ask VDOT not to spend any money on the widening of the South Church Street to five lanes, until we, who live in the Town and Count, have some basis in fact for deciding whether VDOT's plan is truly to our benefit. We appreciate your consideration of these requests. Concerned Citizens of Smithfield" On motion of Supervisor Turner, the Board voted unanimously (5-0) to direct Count Administrator Standish to evaluate the Count's possible position regarding the proposed five lane traffic development of Church Street and work with the Department of Transportation accordingly. Richard Wells, County resident, expressed concern regarding the Board's denial of the conditional use permit application for a regional landfill in the County. // On motion of Supervisor Ross, the Board voted unanimously (5-0) to adopt the following resolution to accept and appropriate $4,807 from the Commonwealth of Virginia, Department of Waste Management for the litter control program: RESOLUTION TO ACCEPT AND APPROPRIATE FOUR THOUSAND EIGHT HUNDRED SEVEN DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF WASTE MANAGEMENT FOR THE LITTER CONTROL PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight., .Virginia has been awarded a grant from the Commonwealth of Virginia, Department of waste Management, for the Litter Control Program, and WHEREAS, the funds in the amount of four thousand eight hundred seven dollars ($4,807) to be received from the Commonwealth of Virginia, Department of Waste Management need to be appropriated to the Litter Control Program line item in the 1988-89 budget of the County of Isle of Wight, Virginia. NOWT THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that four thousand eight hundred seven dollars ($4,807) to be received from the Commonwealth of Virginia, Department of Waste Management, be appropriated to line items 28-5116-5401, Litter Control Program, Supplies ($3,500) and 28-5116-7002, Litter Control Program Equipment ($1,307), in the 1988-89 budget of Isle of Wight County. 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 all the things necessary to give this resolution effect. // Lt. Steven G. Bowman presented the following activity report of the Sheriff's Office for the month of January 1989: 3,106 manhours, 51,159 mileage, 1,102 papers served, 276 response to calls, 25 prisoners transported, 28 misdemeanors with 20 arrests, 32 felonies with 10 arrests, lil traffic summons with 30 actual arrests resulting from reported crimes, $2,588 fines collected. // On motion of Supervisor Turner, the Board adopted the following resolution recognizing the week of February 26-March 4, 1989 as Kidney Information Week. The motion passed by unanimous (5-0) vote of the Board. RESOLUTION KIDNEY INFORMATION WEEK February 26-March 4, 1989 WHEREAS, the public needs to be informed regarding the $~Qr ~~ y~rr2~~ causes and the prevention of kidney disease; and WHEREAS, kidney disease can be a most devastating experience in practically every area of human activity; and NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors hereby designates the week of February ~6-March 4, 1989 as "Kidney Information Week", and the people of Isle of Wight County are called upon to observe the week by becoming informed about preventing kidney disease, coping with kidney disease, and signing their donor cards, // Supervisor Edwards moved the Board direct County Administrator Standish and staff to obtain information from Dan Keusal, proposed King's Colony developer, relative to other projects and their locations in which he has been involved. The vote in favor was unanimous (5-O). // On motion of Supervisor Edwards, the Board voted unanimously (5-O) to adopt the January 19, 1989 minutes of the Board of Supervisors. // At 10:11 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-0;. Henry H. B adby, Chairman