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04-20-1989 Regular MeetingaooK ~4 ~~~-3i5 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF APRIL IN THE YEAR NINETEEN HUNDRED EIGHTY NINE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Thomas L. Ross ABSENT: Richard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Doulgas Caskey, Assistant County Administrator/Community Development Kenneth L. Chandler, Assistant to the County Administrator David J. Murphy, Public Utilities Director Judy A. Begland, Economic Development Coordinator Hilda W. Harmon, Budget and Finance Director Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 7:06 P. M. and delivered the invocation. // The Chairman called. .for a public hearing on the following rezoning application: n L~ 1 The application of Lyman W. Whitaker and Vivian M. Whitaker, owners, and James M. Auvill and Sheila Auvil, prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General, .4971. 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 for an office building. Rodham T. Del'k, Jr., attorney representing the Whitaker applicants, distributed amended proffered conditions to the Board members. Mr. Delk stated the proffered conditions will permit the property to be developed and used for a one and one half story office building to house an insurance agency and other compatible professional and service uses; the building will contain not less than 1,800 square feet nor more. than 2,400 square feet of useable interior space;. the-site clearing and development shall be subject to selective tree removal with an emphasis on tree protection, a minimum 20 .foot wide planted buffer zone will fie reserved along side lines, all landscaping plans and land disturbing activities, including tree removal, and signs on the premises will be subject to the approval of the County during site plan review; the developer and any assignee are bound by all conditions proffered herein. Mr. Delk stated the added proffer is conditioned and dependent upon the occupant's availability to purchase additional land to allow the building to be set-back the distance from the road of the adjoining home. Mr. Delk stated there would be no traffic problems. The applicants request that you approve the application and allow the construction of the building, said Mr. Delk. Bishop K. D. Johnson, Carrollton resident and Pastor of Sweet Haven Church of .God, appeared in opposition and stated that originally the property was sold with the intention of a residence being constructed on the property. Bishop Johnson asked .the Board to deny-the application. Sharon Johnson, adjoining landowner, appeared in opposition and stated that originally the land was sold with the intention of a residence being built on the property. Ms. Johnson stated they are strictly against the business use and asked the Board to please deny the application. On motion of Chairman Bradby,. the Board voted unanimously ~~-Q~ to concur W}t}} the ~lannin~ Commission's recommendation and BOOK ~~ r~"'•.~1~ deny the application of Lyman W. Whitaker and Vivian M. Whitaker, owners, and James M. Auvil and Sheila Auvil, prospective owners, fora change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General, .4971 acre of land located on the south side of Routes 32 and 258, between Route s665 and 664, in Newport Magisterial District. // One motion of Supervisor Edwards, unanimously adopted the Board amended the agenda to hear comments from Gloria Wilson, Social Services Department representative, who asked the Board members to proclaim this week as Child Abuse Week. Mrs. Wilson presented each Board a blue ribbon to wear in recognition of same. // Chairman Bradby called for a public hearing relative to designating street/road names throughout the County. W. Douglas Caskey, Assistant County Administrator/Community Development, stated this project has involved a lot of work by the Planning Commission and its Street Naming Committee and is necessary in order to install the E911 telephone emergency system in the County. Mrs. Eugene Delk, Route 3, Smithfield, Virginia resident, requested that Route 626 coming out of Smithfield to the intersection of Route 621 on to Sycamore Crossing (Meyers Store) be named Mill Swamp Road. Mrs. Delk continued stating that she feels it will greatly aid the fire and rescue groups because there will be turn offs to other areas. Mrs. Delk also stated that Mill Swamp Baptist Church is on this road and is a historical church, the oldest Baptist church in Virginia. Mrs. Delk presented petitions of 90 residents on the road who she stated represented 90$ of the people on the road who supported the request for the name-change. Mrs. Delk asked the Board to honor their request and name the entire road Mill Swamp Road. Jean Lowery, resident at the corner of Nike Park and Battery Park Roads, asked that the Nike Park Road remain as it is and not be renamed Fulgham Bridge. Joshua Wilson, County resident, asked the Board to name Route 626 New Road. William H. Barrett, Carrsville resident, commended everyone for a job well done on the street naming project. Mr. Barrett stated he wants to be sure he-keeps Carrsville on the map and requested that the section of road 632 from Route 641 to 1701 be named Old Carrsville Road. .Sally Crocker, County resident, requested that Route 682 not be named Fernsville Road. Miss Crocker continued stating this name has no connection with the road and the road has always been known as Whitehouse Road. Following discussion, Supervisor Bradshaw moved the Board continue the public hearing on street/road naming to its May 18, 1989 meeting. The vote in favor was unanimous (4-0). // On motion of Supervisor Edwards to amend the agenda, the Board voted unanimously (4-0) to consider Item VYII a and b. // The Chairman called for consideration of the. proposed 1989-90 School budget. Robert Leber, resident at 19 St. Catherine Drive, Carrollton, stated a lot of the increase is due to State mandated requirements. He asked the Board to fund money .for an engineering study to determine types of schools needed and the location of same and to consider the cost to County children if 1 BOOK ~4 %~^'~~ we do not support public education. Mr. Leber asked the Board to fund the budged this year and in the future for better education. 1 Dr. Linda Morgan, Chairman of the School Board, stated the budgets have been drastically reduced yearly and the children have been. hurt because we were not totally funded. Dr. Morgan stated, '~We need your 'support, we ;need it tonight, we need it next year". Jan Leber, 19 St. Catherine Drive, Carrollton resident, asked the Board's favorable consideration of the capital improvements plan. Trent Stanton, principal at Hardy E1~ school population has increased in they there is tremendous growth in the County. saying the people coming into the County families, but we cannot invite them in school issues. ementary School,- stated last three years, and Mr. Stanton continued are young people with until we address the Grace Keen, President of the Isle of Wight Citizens Association, informed the Board members that she had visited the six County schools regarding their program on tribute to public education. Mrs. Keen stated the principals are proud of their schools and realize money is tight, but are doing the best they can with what they have. Mrs. Keen stated the Board has been a part of the progress of schools and Dr. Morlino is well respected b}~ the principals and she came away with a different poir_t of view. Mrs. Keen asked the Board members to evaluate and fully fund the school budget. James Brown, School Board member for 16 years, urged the Board to vote. as statesmen rather than as politicians. i Elizabeth Cordle, County resident, stated she feels the Board holds their children's education in 'their hands because they are the ones who decide what programs are cut. Mrs. Cordle stated she would like the Board to pass the budget. Butch Gross, County resident, asked the Board to support the budget as it stands. .William H. Barrett, Carrsv le resident, stated he is a senior citizen living on a fixed income and feels that if taxes have to be raised, put it on everyone, not just real estate. Mr. Barrett also commended Dr. Morlino for a job well done. Herman Janes, resident on Route 665, a senior citizen expressed concern regarding the raising of taxes and suggested legis:Yators be .contacted relative to using some of the lottery funds. for education programs. 'Rev. James Johnson, Carrollton resident and School Board member; stated education is the most important part of our society and he would like to see taxes. raised for education rather than a jail. Rev. Johnson asked the Board members to show mercy on this budget request. Supervisor Bradshaw stated he has served as a Board member for 14 years, and had seen hard times when the County had no money thus the reason for collecting taxes twice a year. Supervisor Bradshaw stated there are other.. budgets, as well as the schools, to be considered and stated the tax burden should be imposed on everyone. He stated, however, that he would support full funding of the budget. 1 Supervisor Edwards expressed concern relative to taking money from widows to fund the .school budget and stated he is not inclined to fund the budget as presented. Chairman Bradby stated education is the key to progress and taxation should be spread out. The Chairman stated he did not have any problem funding the budget as presented. Supervisor Ross said the past budget cuts may have alerted the School Board to the need to submit a budget with no fat. ROOK ~`t rACC•.~10 On motion of Supervisor Ross, the Board voted unanimously (4-0) to approve the School Board budget, in the total amount of $19,367,094, with a local share of $9,914,259, with $240,000 being allocated within that amount for new school facility planning to avoid purchasing additional mobile classroom units. Dr. Linda Morgan, Chairman of the School Board, stated, °' We were praying for this" and presented a white azalea to the Board to be planted on the Courthouse grounds and as they come back each year with the budget, hopefully the azalea will grow, as well as the budget. James Brown, School Board 'member, said he had been on the School Board sixteen years and this is. the first time the Board has fully funded the budget as presented. He complimented the Board on their action. // At 8:25 P.M. Supervisor Bradshaw moved for a recess, which passed unanimously (4-0). The Board reconvened at 8135 P.M. // Supervisor Edwards moved to consider Item VYII bat this time, and consider Item II, Citizens Comments. The motion carried unanimously (3-0). Supervisor Bradshaw was absent when the vote was taken. // Randolph Barlow, member of the Smithfield Volunteer Fire Department, expressed concern relative to the amount of money being budgeted by the County for the proposed Rushmere Volunteer Fire Department stating that they do not have certified firefighters I. The allocation of $150,000 for a building to be constructed,. and $2.6,000 for property on which to erect the building is too much he stated. Mr. Barlow stated he had previously suggested constructing a metal building that could be added on to as necessary. In closing Mr. Barlow asked the Board to proceed with caution. Joey Mitchell, Central Hill resident and Carrollton Volunteer Fire Department member for 18 years, expressed concern relative to the County paying for the building. Mr. Mitchell stated that when the Carrollton Department began the firemen went out knocking on doors asking for donations and feels this is a slap in the face for all the volunteers in the County. Mr. Mitchell stated he feels a sufficient building can be built for $25,000 to $30,000. Fred Mitchell, County resident and speaking as a citizen, expressed concern relative to cost of the Rushmere Volunteer Fire Department and stated the County will be asked to construct buildings for the communities of Battery Park, Central Hill and Rescue. Can the County afford this, asked Mr. Mitchell? Mr. Mitchell stated, "You cannot start out with a castle and .build down" and said there is fat in the fire department budget. Allen Bradby, Rushere Volunteer Fire Department member, read the following letter: "20 April 1989 Board of Supervisors Isle of Wight County, Virginia Gentlemen: In the Spring of 1988, the dream of a few concerned citizens of Rushmere became a partial reality. The By-Laws were approved and adopted and Officers elected to the Newly Organized Rushmere Volunteer Fire Department. 1 1 Since that time, we have held several fund raising events. Most of the funds were used to pay for clearing of the site where the Fire Station will be located. aaeK 14 r~~~319 [] From September 1988 to Januray 1989,'over twenty members of the Department enrolled in Training Session #1-037-88-89 entitled Firefighter 1. Our instructors were Mr. Steven M. DeLisi and Mr. Bi11 Chapman. Eight of the members enrolled were limited to Classroom Training due to age and health. Six. members completed all the required training and are eligible to take the State Certification Test. Six members have been placed on hold until make up classes, acquisition of the proper turn-out gear, and physical application are complete. We are working to correct these deficiencies. A retired Vice Fire Chief from Portsmouth has offered to help us by conducting refresher courses to those who will be taking the State Certification Test. We are grateful for the help and encouragement of our Neighboring Fire Departments. Carrsville has provided storage space for our donated equipment, conducted preliminary training sessions for us at First Gravel Hill Baptist Church, invited us to participate in Smoke House evolution, and provided turn-out gear for us. Carrollton invited us to participate in an actual House Burning and provided the turn-out gear for us. Smithfield - congratulations on your 50th Anniversary. You deserve all the good things said about you. Smithfield has been more than cooperative with us. Their Facility, Equipment, Turn-Out Gear were made available to us during the entire Firefighter 1 Training Period. For that, we will always be grateful. A special tanks to Mr. bill Chapman for his dedicated devotion, time and talent toward us. His patience and conduct is above reproach. Last but not least, we thank the Governing Body of our county for their support. We also thank Mr. Myles Standish, County Administrator, for working so diligently with us. On behalf of all the citizens of Rushmere, Thanks. Your efforts will not be in vain. I close with a few lines from one of my favorite poets, Langston Hughes. I have identified these words with our struggle. God of our weary years - God of our silent tears -.thou who bast brought us thus far on the way - thou who hast by Thy might - led us into the light - keep us for ever in the path - we pray - lest our feet stray from the places - our God - where we met thee - lest our hearts - drunk with the wine of the Word - we forget thee - Shadowed beneath Thy. hand - may we forever stand -True to our God -true to our native land. Thanks for listening, s/Allen Bradby't Phyllis Bloxom, Rushmere Shores resident, stated six firefighters have completed the course and are waiting to take the certification test and six more firefighters are working toward that end at the present, then all 12 will take the certification test together. Bobby Bowser, Hardy District resident, stated that persons 40 or over should not be firefighters, but could help with keeping equipment in good shape, stay at the station and answer the phone, etc. i Joe Mitchell, honorary Carrollton Volunteer Fire Department member, suggested the Rushmere Volunteer Fire Department members raise money for their department and possibly the County match their dollars. Mr. Mitchell stated that the cost of equipment, gear, etc. is quite expensive. L. R. Harris, Chief, Rushmere Volunteer Fire Department, stated that when it comes to fighting a fire, there will be members there to do the job. ®/ aeeK ~4 ?~~~3zo. Supervisor Edwards asked if citizens should discuss their concerns now relative to the HRSD service areas, or wait until it comes up on the agenda. Mr. Crook said it would be appropriate for them to make their remarks now under citizens comments as the HRSD presentation was for information to be presented to the Board from HRSD and was not scheduled for a public hearing. // Phillip Goodwin, Carrollton firefighter, stated he believes $200,000 is too expensive for a fire station. He said they need to train personnel to operate same, otherwise, County citizens will be in jeopardy. Stanley Rowlett, Rushmere citizen, expressed the desire that everyone work together in peace and harmony for the betterment of the County. // Robert Kenerley, resident at 2 Riverpoint Trail, Carrollton, expressed concern relative to the HRSD service areas stating that the Board had not requested a study on the Route 17 corridor and that the Board was not obligated to vote on it tonight. Mr. Kenerley stated that responsible planning was necessary prior to taking. action. Andrew Casey, member of the Planning Commission, stated he was not opposed to sewer coming into Isle of Wight County but expressed concern relative to the cost for County citizens. Mr. Casey stated he feels the Planning Commission and consultants should be given an opportunity to add their input prior to the Boards final consideration. Mr. Casey stated it is in the best interest of the County to step. back and take a hard look at the HRSD service areas, this will be the most serious decision the Board of Supervisors will make as far as growth is concerned in the County. Mr. Casey asked the Board to make an additional study. Herman Jones, resident on Route 665, expressed concern relative to ground water and asked the Board to do further study prior to making a decision. Nancy Kinsinger, member of the Committee FoY• County Planning, expressed concern regarding County planning. Pat Clark, Twin Hill Lane resident, stated-the Board needs a plan for County growth and development and asked that the County citizens be given an opportunity to add their input. Stan Clark, Portsmouth attorney, stated the County has a leadership problem, the Planning Commission has been by-passed in this process and suggested the HRSD service areas not be considered tonight and if so to vote it down. Madeline Folks, Rushmere Shores resident, expressed concern about having sewer without a central water system. Mrs. Folks stated she feels the Board should not make a decision prior to the Comprehensive Land Use Plan and begged the Board not to take any action tonight. // County Administrator Standish suggested the Board might like to consider amending the agenda to hear the HRSD presentation. On motion of Supervisor Bradshaw, the Board voted unanimously (4-Oj to amend the agenda to hear the HRDS service .areas presentation. // County Administrator Standish stated that James Borberg with HRSD; David J. Murphy, Public Utilities Director; W. Douglas Caskey, Assistant County Administrator/Community Development; and Judy A. Begiand, Economic Development Cooridnator; would participate in the presentation. 1 1 1 86QK ~~ ;,~^~3~1 Mr. Murphy introduced Mr. Borberg who provided background information on the HRSD and a report on the proposed HRSD service areas in the County. ~~ W. Douglas Caskey displayed tax maps that depicted growth along corridors which were discussed, Route 460 and Route 17. Judy Begland explained the affect of economic development relative to the HRSD service areas and stated without sewer there can be no industrial development within the County. // .Supervisor Edwards suggested the Planning Commission conduct studies on a 460 line and incorporate a 460 line into the comprehensive plan, direct the County Administrator to begin working with the Town Manager of Smithfield to develop plans for long term expansion of the Smithfield .line into the County and the Board make it clear that we are not going to be deluded into thinking that a 17 line is in our economic interest and we should instruct HRSD that we are interested in pursuing Mr. Bradshaw's Holland line and a 460, but we have no interest in any further discussion on 17. Supervisor Bradshaw stated, °1I ain't going to agree on that. Do you want sewer at Windsor or not? All you talk about is Smithfield". Supervisor Ross stated to Supervisor Edwards, ^I take it from your motion that you are trying to avoid looking at the 17 corridor period". Supervisor Edwards replied, with HRSD lines. With extensions from Smithfield, that's possible". Supervisor Bradshaw stated Smithfield can't handle it. ', Supervisor Ross stated we need to look at things that will eventually affect the County and things that are in. Think the Planning Commission and people developing the comprehensive plan should have some idea that somewhere in the future we are going to be looking at something.: like HRSD County wide in Isle of Wight eventually. I can't support your motion to ignore it completely. We can pick and choose what we want but not those areas excluding the Route 17 corridor. Supervisor Edwards moved to request the Planning Commission, in their development of 'the Comprehensive Plan, consider and report back to the Board with a recommendation as to the advisability of bringing outside sewer lines into the County and instruct the County Administrator to work with the Town Manager of the Town of Smithfield about long term plans to expand the Smithfield sewage plant to extend its lines into the County. Supervisor Bradshaw stated you can't vote with that because Smithfield can't handle that. 1 County Attorney Crook stated, "I don't think the Board is ready to vote on that type of policy decision, as one member is not here. I think Mr. Edwards has a good idea that the Planning Commission look at this and consultants look at it. That's great. But, saying that the County policy is to expand the Smithfield system, you've got a problem. We are facing the possibility of potential annexation and that's got to be considered. A lot of things have to be considered before you adopt a policy. I would ask Mr. Edwards not to ask the Board to adopt a policy. I think that's premature at this time". Supervisor Edwards amended his motion to asY. the County Administrator and the Town Manager enter into discussions concerning the feasibility of the Smithfield plant for expansion as it currently stands and its need for expansion. The vote in favor was unanimous (4-0). W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following conditional use permit application for the Board's consideration: e0t~l( 14 rar,~322 The application of Thomas J. House and Wallace S. Lowery for a conditional use permit to allow Mr. House's father, Thomas R. House, to occupy an existing mobile home on one hundred fifty acres of land located on the east side of Route 651, between Routes 620 and 258, in Hardy Magisterial District. No one appeared in favor or in opposition. The Planning Commission voted unanimously to recommend approval, said Mr. Caskey. On motion of Chairman Bradby, the Board voted unanimously (4-0) to approve the application of Thomas J. House and Wallace S. Lowery fora conditional use permit to allow Mr. House°s father, Thomas R. House, to occupy an existing mobile home on 150 acres of land located on the east side of Route 651, between Routes 620 and 258, in Hardy Magisterial District. W. Douglas Caskey, Assistant County. Administrator/Community Development, presented the following subdivision plats for the Board's consideration: , 1. Plat of Lots lA and 1B, being the subdivision of Lot 1, of Arthur Frank Drewery and Eula Belle D. Drewery, located on Route 644 in Newport Magisterial District. The plat has been reviewed and approved by the Virginia Department of Transportation and the Isle of Wight Department of Community Development, said Mr. Caskey. The Planning Commission recommend approval- by unanimous vote, stated Mr. Caskey. On motion of Supervisor Edwards, the Board voted unanimously (4-0) to approve the plat of Lots lA and 1B, being the subdivision of Lot 1, of Arthur Frank Dreweey and Eula Belle D. Drewery, located on Route 644 in Newport Magisterial District. 2. Plat of out parcel #1, property of Smithfield Associates, located on Route 10 in Newport Magisterial District. The plat has been reviewed and approved by the Virginia Department of Transportation, the Isle of Wight County Health Department and the Departments of Community Development and Public Utilities, said Mr. Caskey. Mr. Caskey continued stating the Planning Commission recommended approval by a unanimous vote. Supervisor Ross moved the Board approve plat of out Parcel #1, property of Smithfield Associates, located on Route 10 in Newport Magisterial District. The vote in favor was unanimous (4-O) . // County Attorney Crook advised the Board relative to the proposed budget and tax ordinance for 1989-90 and presented the following dates for public hearings prior to the adoption of the 1989-90 County budget: May 4, 1989 - present budget and tax levies May 10 and 17, 1989 - newspaper publications for public hearings June 1, 1989 - public hearing June 15 ,1989 - adopt budget and ordinance The Board concurred with Mr. Crook's recommendation. // County Administrator Standish asked the Board's direction in reparation of the school budget relative to limiting any increases, full funding of the operational budget with one change, holding other budget requests to 5$ increase and increasing of taxes, real estate or other, no more than 9$. On motion of Supervisor Edwards, the Board unanimously adopted the following resolution: L n 1 RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF THE ~oeK ~4 ~~~~323 INTERNATIONAL SEAMEN'S FRIEND HOUSE i L_.J WHEREAS, Sunday, April 30, 1989, has been designated to recognize the International Seamen's Friend House of the Lower Virginia Peninsula; and WHEREAS, the International Seamen's Friend House of the Lower Virginia Peninsula has been continuously serving the maritime and naval community in Hampton-Roads since 1981; and WHEREAS, the International Seamen's Friend House of the Lower Virginia Peninsula since its founding has served over 15,000 individuals; and WHEREAS, the International. Seamen's Friend House of the Lower Virginia Peninsula has been and is supported by churches, businesses and individuals~of the Lower Virginia Peninsula and Isle of Wight. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that it encourages appropriate recognition of the International Seamen's Friend House of the Lower Virginia Peninsula for its continuing outstanding contribution. of this area's maritime community. County Administrator Standish informed the Board members that a status report would be given on the numbering of lots/houses., in connection with the street naming project, at the May 4, 1989 Board meeting. County Administrator Standish recommended a resolution be prepared for the May 4, 1989 Board meeting appropriating $20,000 toward outfitting the new library in Smithfield. C County Administrator Standish informed the Board members that the County's jail architects, the Durrant Group and Spady & Spady, would have a report at the May 4, 1989 meeting regarding their analysis for the County jail needs and review sites for samea On motion of Supervisor Ross, the Board voted unanimously (4-0) to authorize preparation of RFP''s relative to the development of a master water and sewer plan, to be presented to the Board for consideration and put on open market. // County Administrator Standish informed the Board members that Sheriff Phelps would have his monthly activity report at the May 4, 1989 meeting. // Supervisor Edwards expressed concern regarding the County Administrator hiring staff under him and asked if the provision was part of his employment contract, to which County Attorney Crook replied it is part of the employment contract negotiated at the time of the employment of the County Administrator. Supervisor Edwards stated he felt that should be a function of the Board and asked. if the agreement could be reversed. County Attorney Crook stated it would be a breach of contract if the Board unilaterally tried to change it. 1 // On motion of Supervisor Edwards, the Board voted unanimously (4-0) to appoint Willie Lee Williams, Route 3, Box 60B, Windsor, Virginia, to serve as a member of the Planning Advisory Committee. // eoaK ~4 r~~f324 On recommendation of County Attorney Crook and on motion of Supervisor Ross, the Board voted unanimously (4-0) to adopt the. March 16, 1989 Board of Supervisors minutes. ~ // At 11:24 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (4-0). ~~ `~ H my H Bra y, C airman My es Standish, C~fc ~' 1 1 1