05-18-1989 Regular MeetingaooK 14 ~:: ~`~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE EIGHTEENTH DAY OF MAY IN THE YEAR NINETEEN HUNDRED
EIGHTY NINE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards (7:04 P.M.)
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
Sheriff Charles W. Phelps
Hilda W. Harmon, Budget and Finance Director
Betty Scott, Assistant Clerk
The Chairman called the meeting to order at 7:02 P.M. The
invocation was delivered by Supervisor Turner.
//
Chairman Bradby called for a public hearing to designate
street names which was continued from the April 20, 1989 Board
meeting.
W. Douglas Caskey, Assistant County Administrator/Community
Development, noted suggested changes on Route 621, Sycamore Cross
and Route 675, Holly Point. Mr. Caskey continued stating that
there are six street sections that are still under consideration.
Chairman Bradby stated he would like the Board to table
action on their decision until the June 1, 1989 meeting because
he has three different suggested names for Route 626 and he would
like an opportunity to meet with the citizens to determine an
agreeable name.
Paul Wilson, Longview resident, expressed concern relative
to the name of Route 600, from Route 10 east to Longview. Mr.
Wilson stated he does not want the road named Wills Corner and
suggested it be named Brock Plantation, Brock or Whitehead. Mr.
Wilson stated he prefers Brock Plantation. Supervisor Turner
suggested the road be named Oliver road because people in the
area know the road as the road Jesse Oliver's lived on for such a
long time.
Chairman Bradby presented a letter and petition, containing
28 names, received from Jean Lowery regarding the naming of Route
669. Chairman Bradby stated Mrs. Lowery and other citizens in
the area want the road to remain Nike Park Road.
On motion of Supervisor Ross, the Board voted unanimously
(5-0) to table action on the street naming resolution until the
June 1, 1989 board meeting.
//
County Administrator Standish introduced Bill Pierce,
Regional Forester., who presented the 1988 annual report for his
department. Mr. Pierce noted it had been a good year for the
Forestry Department. Mr. Pierce stated that his department had
answered only four fire calls last year that burned a total of
six acres. Mr. Pierce continued stating that over 1,300 acres
had been replanted with trees and the foresters had examined
6,500 acres for timberland owners in the County.
//
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following conditional use permit for
the Board's consideration:
The application of James H. and Barbara S. Holland for a
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conditional use permit to locate a mobile home for their
daughter, .Debra S. Holland, on approximately fifty acres of
land located on the north side of Route 603, between Routes
637 and 605, in Newport Magisterial District.
No one appeared in favor or in opposition. The Planning
Commission recommended approval with the stipulation that the
mobile home be occupied only by Debra S. Holland and her
immediate family, stated Mr. Caskey.
Supervisor Edwards moved the Board concur with the Planning
Commission's recommendation and approve the application of James
H. and Barbara S. Holland for a conditional use permit to locate
a mobile home for their daughter, Debra S. Holland, on
approximately fifty acres of land located on the north side of
Route 603, between Routes 637 and 605, in Newport Magisterial
District with the condition that the mobile home be occupied only
by Debra S. Holland and her immediate family.
Mr. Caskey presented the. following subdivision plat for the
Board's consideration:
A plat showing property for Cypress Run Associates, Lot 2,
located on the west side of Route 10, in Newport Magisterial
District.
Mr. Caskey stated the plat has been approved by the Virginia
Department of Transportation, the Department of Comr„unity
Development and is in compliance with all applicable ordinances.
Mr. Caskey also stated the Planning Commission recommended
approval by unanimous vote.
Supervisor Turner informed the Board members that he has no
financial interest, but has a contract with the people behind
the subdivision regarding the sand pit and thus he would abstain
from discussion and voting on the subdivision plat.
Supervisor Ross moved the Board approve the plat showing
property of Cypress Run Associates, Lot 2, located on the west
side of Route 10, in Newport Magisterial District. The motion
passed (4-0-1) with Supervisors Ross, Bradby, Edwards and
Bradshaw voting aye and Supervisor Turner abstaining.
//
Supervisor Edwards queried Mr. Caske}~ as to the progress on
upgrading the road off Route 603 on which Carl E.• Eason and
Wilson Eley Holland reside. Mr. Caskey gave a status report on
same.
//
County Attorney Crook informed the Board members that an
agreement has been prepared for expansion of law enforcement with
the Town of Smithfield and the County. Mr. Crook stated the
original agreement was for drug laws and the revised agreement
now includes criminal laws. Mr. Crook further stated that the
agreement had been prepared at the request of the Sheriff and
Town Police Chief and had been approved by the Smithfield Town
Council. Mr. Crook recommended the Board approve the agreement.
On motion of Supervisor Ross, the Board voted unanimously
(5-0) to approve the agreement and authorize Chairman Bradby to
sign same on behalf of the Board.
SUPPLEMENTAL AGREEMENT TO RECIPROCAL AGREEMENT DATED
NOVEMBER 4, 1976
THIS SUPPLEMENTAL AGREEMENT, made and entered into as
of the 1st day of April, 1989, by and between the TOWN OF
SMITHFIELD, .a Virginia municipal corporation situate in Isle
of Wight County ("the Town"); and THE COUNTY OF ISLE OF
WIGHT, ("the County"): - -'
WHEREAS, the Town and County entered into a reciprocal
agreement dated November 4, 1976, pursuant to Section
15.1-131 and 15.1-131.3 of the Code of Virginia, to provide
9uoK 14 -m:~~334
for the provision of mutual aid for the enforcement of laws
designed to control or prohibit the use or sale of
controlled drugs as defined in Section 54.524.2 of the Cade
of Virginia; and
WHEREAS, the Town and the County find that the need
exists to expand the scope of the provision of police
services to each other beyond that of the enforcement of
laws designed to control or prohibit the use or sale of
controlled drugs, and that the expansion of the scope of the
provision of police services is in the best interest of the
citizens of both the Town and the County:
NOW, THEREFORE, WITNESSETH: That for and in
consideration of the mutual benefits to be derived hereunder
by the Town and the County, the Town and the County hereby
agreed: _
1. That pursuant to Section 15.1-131.3 of the Code of
Virginia, the Town and the County agree to
cooperate in the furnishing of police services,
each to the other, for all such law enforcement
services in all such cases and instances as the
chief law enforcement officer of the Town and the
County determine appropriate, provided that the
chief law enforcement officer of the Town and the
County, or his deputy, shall first request the
furnishing of police services by the other.
2® For purposes of this agreement, the chief law
enforcement officer of the Town shall be the Chief
of Police of the Town of Smithfield and the chief
law enforcement officer of the County shall be the
Sheriff of Isle of `t~]ight County.
3. That the reciprocal agreement dated November 4,
1976, between the Town and the County, is hereby
amended to include, by reference, the above
paragraphs. In all other respects, the reciprocal
agreement dated November 4, 1976, shall remain in
full force and effect.
Witness the following signatures, the Town of
Smithfield having caused this supplementary agreement to be
executed on its behalf by its Mayor pursuant tt a resolution
of the Town Council of the Town of Smithfield adopted May 2,
1989, and the County of Isle of Wight having caused this
supplementary agreement to be executed on its behalf by the
Chairman of the Board of Supervisors pursuant to a
resolution of the Board of Supervisors dated Ma6 18, 1989.
//
County Administrator Standish introduced Alan S. Nogiec,
Director of the Isle of Wight County Recreational Facilities
Authority, who gave a presentation regarding the Virginia Outdoor
project which will provide outdoor recreational improvements at
the old Smithfield High School. The improvements will include
landscaping, softball and soccer fields, a playground, parking
lot and a recreation area for senior citizens. Mr. Crook
questioned Mr. Nogiec why the access from Route 626 was being cut
off to the project to which Mr. Nogiec had no answer.
On motion of Supervisor Ross, the Board voted unanimously
(5-0) to support the Virginia Outdoor project in the amount of
$136,000 (with the County bearing 80% of the cost and the Town of
Smithfield 20%).
Supervisor Turner moved the Board approve the Waterford Oaks
Subdivision water service agreement subject to final agreement
between County and developer regarding proffers. The motion
passed by unanimous (5-0) vote of the Board.
On motion of Supervisor Ross, the Board voted unanimously
(5-0) to defer action on the Waterford Oaks Subdivision request
for sewer services until negotiations are complete between the
County, developer and landowner.
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Supervisor Ross moved the Board approve the Virginia Power
contract for electric service as negotiated by the Virginia
Municipal League and the Virginia Association of Counties, and
authorize Chairman Bradby to sign same. The vote in favor was
unanimous (5-0).
On motion of Supervisor Turner, the Board voted unanimously
(5-0) to continue the contract for auditing services of Goodman
and Company, auditors, for an additional year and directed County
Attorney Crook to review the possibility of considering a three
year contract. The motion carried unanimously (5-0).
Supervisor Turner moved the Board adopt the following
resolution to appropriate $69,400 from the unappropriated fund
balance of the County of Isle of Wight for the comprehensive land
use plan and capital improvements plan. The vote in favor was
unanimous (5-0).
RESOLUTION TO APPROPRIATE SIXTY-NINE THOUSAND FOUR HUNDRED
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE COUNTY
OF ISLE OF WIGHT FOR THE COMPREHENSIVE LAND USE PLAN AND
CAPITAL IMPROVEMENTS PLAN
WHEREAS, the Board of Supervisors of the County of Isle
of Wight, Virginia has contracted for a Comprehensive Land
Use Plan and Capital Improvements Plan; and
WHEREAS, the funds in the amount of sixty-nine thousand
four hundreds dollars ($69,400) can be appropriated from the
Unappropriated Fund Balance to the Comprehensive Plan Use
Plan and Capital Improvements Plan line items in the 1988-89
budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight,
Virginia that sixty-nine thousand four hundred dollars
($69,400) be appropriated from she Unappropriated Fund
Balance to line items 14-9415-3002, Comprehensive Land Use
Plan ($55,000) and 14-9416-3002, Capital Improvements Plan
($14,400) in the 1988-89 budget of the County of Isle of
Wight, Virginia.
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 and to
do all the things necessary to give this resolution effect.
On motion of Supervisor Ross, the Board voted unanimously
(5-0) to adopt the following resolution to appropriate the
$100,000 grant from the Virginia State Library for renovation of
the County library in Smithfield.
RESOLUTION TO APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM
THE VIRGINIA STATE LIBRARY FOR RENOVATION OF THE COUNTY
LIBRARY
WHEREAS, the Board of Supervisors of the County of Isle
of Wight, Virginia is serving as fiscal agent for the
renovation of the County Library in Smithfield; and
WHEREAS, the Walter Cecil Rawls Library was awarded a
grant in the amount of one hundred thousand dollars
($100,000) for the renovation of the County Library in
Smithfield; and
WHEREAS, the funds in the amount of one hundred
thousand dollars ($100,000) can be appropriated from the
Virginia State Library to the County Library, renovation
line item in the 1988-89 budget of the County of Isle of
Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight,
Virginia that one hundred thousand dollars ($100,000) be
appropriated from the Virginia State Library to line item
14-9404-9999, County Library, renovation, in the 1988-89
budget of the County of Isle of Wight, Virginia.
~~.QK ~4 r~ur~•JL
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 and to
do all things necessary to give this resolution effect.
County Administrator Standish informed the Board that
correspondence has been received from the State relative to
closing out the County landfill as soon as possible, as well as
for submitting a plan for closure. Mr. Standish stated the cost
will be expensive, however, no firm figure has been obtained as
yet. Mr. Standish stated he will keep the Board advised
accordingly.
County Administrator Standish gave a status report to
selection of the Board members regarding the E911 program and
stated that the consultants who accomplish the housing numbering
may be complete within the next couple of months.
On motion of Supervisor Ross, the Board voted unanimously
(5-Oj to authorize County Administrator Standish and appropriate
staff to interview all applicants for the County's reassessment,
rank them, and negotiate scope, and cost, and report back to the
Board on same.
//
Supervisor Edwards noted an upcoming series of meetings on
the .Virginia Freedom of Information Act, sponsored by the
Attorney's General Office. It was suggested that County staff
may find the seminars useful, and that all elected and appointed
local officials should have a copy of the Act.
//
Supervisor Edwards suggested the Board consider combining
the positions of Public Works Director and Public Utilities
Director in an attempt to save the County money. Supervisor
Edwards also suggested that the Personnel Committee meet and
discussion the possibility of same prior to the June 1, 1989
meeting.
Supervisor Turner stated he feels the two positions should
continue to be separate.
County Administrator Standish stated that the Public Works
Director position is already overworked and that cutting the
position to save money would hurt the County in the long run
because services would suffer.
Following discussion, Supervisor Edwards moved that no
action be taken on filling the position until the Personnel
Committee met with the County administrator. The motion failed
in a tie vote, with Supervisors Bradby and Edwards voting aye,
Supervisors Turner and Ross voting nab and Supervisor Bradshaw
stating he was not ready to vote on it. County Attorney Crook
stated the tie vote could be taken care of at the June 1, 1989
meeting since Supervisor Bradshaw was not prepared to vote at
this time.
//
Sheriff Charles W. Phelps presented the April 1989 activity
report to the Board as follows: 3,090 manhours, 51,288 miles,
1,096 papers served, 319 response to calls, 153 prisoners
transported, 34 misdemeanors with 29 arrests, 44 felonies with 30
arrests, 170 traffic summons issued 6 for no County tags, and
$5,689 fines collected.
//
Randolph Barlow, Hardy resident and Smithfield Volunteer
Fire Department member, expressed concern regarding the
allocation of funds in the amount of $367,000, for the Rushmere
Volunteer Fire Department stating that the Department has been in
existence for two years and to date does not have any. certified
firefighters. Mr. Barlow also expressed concern regarding the
increase of taxes to help defray this cost.
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Fred Mitchell, Carrollton resident and a member of the
Carrollton Volunteer Fire Department, expressed concern relative
to the amount of funding for the Rushmere Volunteer Fire
Department, and stated he thinks that the Board's support of the
Rushmere Volunteer Fire Department will be setting a precedent
for future fire departments. Mr. Mitchell also expressed concern
regarding the raising of taxes and reassessment, as well as the
public hearing for the proposed 1989-90 County budget being held
at 2:00 P.M. rather than 7:00 P.M. when more County citizens
could attend.
//
On motion of Supervisor Bradshaw, the Board voted
unanimously (5-0) to recommend that Anthony Kind, Route 1, Box 9,
Franklin, Virginia, be appointed by the Circuit Court Judge to
serve as a member of the Board of Zoning Appeals from the
Carrsville Election District.
Chairman Bradby moved to reappoint Lottie Little, Route 2,
Box 462, Smithfield, Virginia and Bobby Bowser, 5 Crest Circle,
Smithfield, Virginia, as members of the Planning Commission from
the Hardy Election District. The vote in favor was unanimous
(5-0).
On motion of Supervisor Edwards, the Board voted unanimously
(5-0) to appoint Smithfield Town Manager, Elsey Harris, and
Windsor Town Administrator, Steven Suefer, to serve as ex-officio
members of the Planning Advisory Committee.
//
I
Supervisor Turner recognized past Board of Supervisors
Chairman, Gurley A. Barlow, Jr., and welcomed him to the meeting.
Mr. Barlow thanked Supervisor Turner and stated he was attending
in support of comments made by Randolph Barlow and Fred Mitchell.
//
At the suggestion of County Attorney Crook and on motion of
Supervisor Ross, the Board voted unanimously (5-0) to table
action on approval of the April 20, 1989 minutes in order for the
Board to thoroughly review the minutes relative to their comments
concerning the discussion and motions on HRSD.
//
Supervisor Turner moved the Board go into executive- session
for the purpose of discussing matters requiring legal counsel and
personnel matters. The vote in favor was unanimous (5-0).
//
At 4:38 P.M. Supervisor Rohs moved the mpatiaq btu adjourned,
whioh passed unanisaousiy (6-4~.
Henry i. Bra~by~irman
~,,~~
My es Standish, C er
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