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10-19-1989 Regular Meeting4~ r eo~a 1_~ ~~~~ .)7 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED EIGHTY NINE 1 PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Richard L. Turner ABSENT: Thomas L. Ross Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development David J. Murphy, Public Utilities Director Carey H. Mills, Assistant~Clerk Chairman Bradby called the meeting to order at 7:00 P.M. The invocation was delivered by Supervisor Edwards. // Chairman Bradby called for a public hearing on the following ordinances: a. An Ordinance to Amend Chapter 11, Article I, Section 11 of the Isle of Wight County Code for Adoption of State Law in the County for Motor Vehicle and Traffic Violations No one appeared in favor or opposition. 1 On motion of Supervisor Turner, the Board members. voted unanimously (4-O) to adopt the following "Ordinance to Amend Chapter li, Article 1, Section 11-1 of the Isle of Wight County Code for Adoption of State Law in the County for Motor Vehicle and Traffic Violations." BE IT AND IT IS HEREBY ORDAINED By the Board of Supervisors of Isle of Wight County, Virginia, that Chapter il, Article 1, Section it-1, of the Isle of Wight County Code be amended to read as follows: 1 Pursuant to the authority of Section 46.2-1313 of the Code of Virginia, as amended, all of the provisions and requirements of the laws of the state contained in Title 46.2 and of Article 2 (Sec. 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, as amended, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which by their very nature can have no application to or within the county, are hereby adopted and incorporated in this Chapter by reference and made applicable within the county. References to "highways of the state" contained in such provisions. and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the county. Such provisions and requirements are hereby adopted, mutatis mutandis, and made a part of this Chapter as fully as though set forth at length herein, and it shall be unlawful for any person, within the county, to violate or fail, neglect or refuse to comply with any provision of Title 46.2 and of Article 2 (Sec. 18.2-266 et seq.j of Chapter 7 of Title 18.2 of the Code of Virginia which is adopted by this Section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2 and of Article 2 (Sec. 18.2-266 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia. b. An Ordinance to Prohibit Hunting with Rifles of a onre ~4 :N,~~57 Caliber Larger-than .22 Rimfire. Supervisor Edwards stated he had received numerous calls due to confusion and explained that this ordinance was brought up because if the County does not have an ordinance specifying that it is illegal to hunt big game with a high power rifle, then the game regulation is invalid and unenforceable. He also stated that there should be some amendments to this ordinance. Robert Clontz, Jr., Route 4, Box 207, Smithfield, Virginia spoke in opposition to the ordinance. Mr. Clontz stated that the County should word the ordinance in such a way that it stated there would be no hunting of big game with a high powered rifle. Alan Pheifer, a citizen of Hardy District, spoke in opposition to the ordinance. Mr. Pheifer stated he failed to see what the County was trying to accomplish because the ordinance only covers the limit of time that ground hogs can be shot. Supervisor Bradshaw spoke in opposition to the ordinance, stating that the concern of the public was with ground hogs in that they were causing damage to the agricultural fields. Supervisor Edwards agreed that the ordinance as presented herewith is broader than it needs to be. Supervisor Edwards indicated banning high power rifles for big game would be suitable. Supervisor Turner recommended that Mr. Crook re-advertise and redraw an ordinance that would address that particular situation. On motion of Supervisor Bradshaw, the Board members voted unanimously (4-O) not to adopt the "Ordinance to Prohibit Hunting with rifles of a Caliber Larger than .22 Rimfire." // Chairman Bradby asked for citizens comments on general county matters. Grace Keen, a resident of Newport District, requested the Board of Supervisors create a "Volunteer Appreciation Day." On motion of supervisor Turner, the Board voted unanimously (4-O) to direct County Administrator Standish to find out if there presently is a national recognition week and, if not, to recommend an appreciation day for the County's volunteers. // Chairman Bradby called for consideration of the following application: The application of Junie F. Oliver for a Conditional Use Permit to allow daughters Deborah Lynn and Tracey Jean to occupy an existing mobile home on one (1) acre of land located on Route 602, between Route 600 and Route 644, in Newport Magisterial District. No one appeared in favor or opposition. W. Douglas Casket', Assistant County Administrator/Community Development, stated the Planning Commission recommended approval by a vote of 5-2. On motion of Supervisor Turner, the Board voted unanimously (4-O) to approve the application of Junie F. Oliver for a Conditional Use Permit to allow daughters Deborah Lynn and Tracey Jean to occupy an existing mobile home on one (i) acre of land located on Route 602, between Route 600 and Route 644, in Newport Magisterial District. L~ 1 1 Mr. Casket' presented the following subdivision plats for Board consideration: ~4 14 ~ ~ ~`~ 1. The plat of the re-subdivision of parcel B-2 owned by Carol E. Littman and Mary Kathleen Pierce located on a private road north of Route 665, Newport Magisterial District. 1 Mr. Caskey advised that the plat has been reviewed and approved by the Virginia Department of Transportation, Isle of Wight Health Department and also the Department of Community Development. Mr. Caskey stated the Planning Commission recommended approval of this plat by unanimous vote. On motion of Supervisor Turner, the Board voted unanimously to approve the plat of the re-subdivision of parcel B-2 owned by Carol E. Littman and Mary Kathleen Pierce located on a private road north of Route 665, Newport Magisterial District. 2. The subdivision plat for Troy Lawrence Robertson located on the east side of Route 681, in Hardy Magisterial District. Mr. Caskey advised that the Planning Commission recommended approval by unanimous vote. Chairman Sradby moved that the Board approve the subdivision plat for Troy Lawrence Robertson located on the east side of Route 681, in Hardy Magisterial District. The Board voted unanimously (4-O) to approve the application. 3. The subdivision plat of the property of John R. Spivey et al, located on Route 612, in Windsor Magisterial District. 1 Mr. Caskey advised that the Plat has been reviewed and approved by the Department of Transportation and Department of Community Development. Mr. Caskey stated the Health Department was withholding comments until there is a lot by lot check for septic tank and drainfield approval. Mr. Caskey also stated the Planning Commission recommended approval by unanimous vote. On motion of Supervisor Bradshaw, the Board voted unanimously (4-0) to approve the subdivision plat of the property of John R. Spivey et al, located on Route 612, in Windsor Magisterial Ofstrict. 4. Request submitted by H. W. Roberson Company, Incorporated for approval of restrictive covenants applicable to property zoned Conditional B-1 Business General and to be identified as Waterford Commercial Center On motion of Supervisor Turner, the Board voted unanimously (4-O) to approve the proposed restrictive covenants applicable to property zoned Conditional B-1 Business General and to be identified as Waterford Commercial Center. Mr. Caskey advised that he had two late items for consideration by the Board: 1 Mr. Caskey advised that recent improvements completed by the State Highway Department in the County south of the Jamestown area have resulted in alterations and realignments of several roadways. He also stated such changes are not reflected on VDOT's General Highway Map, making it a necessity for street names to be assigned to the certain new sections of roadway. Mr. Caskey presented an addendum for the Board's consideration to the previously adopted list of street names. On motion of Supervisor Bradshaw, the Board voted unanimously (4-O) to approve the four new street names_as follows: "Great Mill": Route 260, from Route 618 to Suffolk line. Qo~~ 1~ ,h:~4ip "Butler Farm": Route 691, from Route 618 to dead end. "Union Camp": Route 618, from Route 260 to Union Camp gate. Renamed "Short" to "Pear Tree": Route 642, from Route 603 to Route 641. Mr. Caskey presented to the Board a services between the County of Isle Consultants, Inc. of Orange, Virginia. Board that earlier in the year the consultant for the E911 system. Mr. contract has been reviewed and. approved Attorney. contract for professional of Wight and MSAG Data Mr. Caskey reminded the Board had selected the Caskey stated that the as to form by the County On motion of Supervisor Turner, the Board voted unanimously (4-0) to approve the contract. County Administrator Standish presented a recommendation Prom Gerald H. Gwaltney, Commissioner of the Revenue regarding compensation for the Reassessment Board members at the rate of $50.00 per meeting. Supervisor Bradshaw questioned the Commissioner of Revenue setting the salary for the Reassessment Board which is under the Board of Supervisors and independent of the Commissioner of Revenue's office. County Attorney Crook replied that the statute simply states that the Board of Supervisors will fix the amount of compensation for the Reassessment Board. The Board of Supervisors at an earlier meeting had requested to County Administrator to come back with a recommendation. The County Administrator had consulted the Commissioner of Revenue who in turn recommended the fifty dollars per meeting per member. Supervisor Turner moved that the Reassessment Board members be compensated at the rate of seventy-five dollars ($75.00) per meeting and that $5,000.00 be allocated in the budget for this purpose. The vote in favor of the motion was unanimous (4-O). County Administrator Standish presented a resolution which would accept and appropriate funds totaling $29,196.00 from the Southeastern Virginia Area Wide Model Program (SEVAMP) to the County's budget. He stated the funds were targeted for services to the elderly by the County Health Department for such activities as health screening, education, etc. On motion of Supervisor Turner, the Board voted unanimously (4-0) to approve the resolution to appropriate the grant funds. // County Administrator Standish introduced David J. Murphy, Public Utilities Director, who presented a report on the evaluation of professional engineering services in connection with the preparation of a comprehensive water and sewer plan for the county. Mr. Murphy stated the County received an extremely good response from the engineering community and that seventeen firms provided the County with proposals. Mr. Murphy advised that a selection committee, composed of three members of County staff, reviewed and evaluated the proposals and short-listed three firms who came in and made presentations based on their proposals. From these three firms, Gannett Fleming was recommended because of their competence and expertise in this field. Supervisor Turner encouraged early consideration of growth areas in the study. ~1 i LJ 1 1 County Administrator Standish recommended the Board's favorable consideration of Gannett Fleming, and recommended the Board authorize the County Attorney to review and approve as to ., 1 e~~a 14 r~~.461 torm the contract, and to revise the plan tasks per the Board's direction. Supervisor Edwards recommended that the Board meet with the final firms and make a decision after meeting with them. County Attorney Crook advised that the required procedure under the Procurement Act is for the Board to interview the top two firms at least. On motion of Supervisor Turner, the vote was unanimous (4-0) to bring the top two firms before the Board for presentation and interview to allow the Board to make a final selection. County Administrator Standish reported on needed improvements to the septic tank/drainfield serving the Courthouse facilities totaling $1,675.00. County Administrator Standish also reported on the painting improvements to the old District Courtroom accomplished by the Public Service Authority at a cost of $786.00. On motion of Supervisor Turner, the vote was unanimous (4-0) to approve these two items relating to unanticipated costs for Courthouse improvements. County Administrator Standish reported that the dedication for the Hazelwood Bridge over Chuckatuck Creek is scheduled for Friday, November 17, 1989, at 11:00 A.M. County Administrator Standish informed the Board that he had a late item for action concerning improvements at the old Smithfield High School outdoor recreational area. He informed the Board that Virginia Power had to realign the overhead power line and in order to do this, the County being the owner, must give permission via a new right-of-way agreement. On motion of Supervisor Turner, the Board voted unanimously (4-0) for approval of the new right-of-way agreement for electrical services at the old Smithfield High School property. Supervisor Edwards recommended that due to the number of current staff members that the position of Assistant to the County Administrator not be filled for the remainder of the fiscal year. On motion of Chairman Bradby, the Board voted unanimously (4- 0) that the Personnel Committee meet to discuss the matter and that the position not be filled until the Personnel Committee reported back to the Board. // Supervisor Turner consulted County Attorney Crook to determine if a donation of $1,000.00 could be made by the County to the victims of the earthquake in San Francisco, California. County Attorney Crook advised that in quickly reviewing the statutes he finds that the local governing body is authorized by statute to donate to a regional body of which the County is a member, and that the governing body can donate to a charitable institution located within the County which serves the citizens of the County. County Attorney Crook advised he would research it further and be prepared to advise the Board at the next meeting if the Board wished. // Chairman Bradby asked for the Board's consideration of the application of Bailey Enterprises, Inc. for a change in zoning classification from A-1, Agricultural Limited, to Conditional R- 1, Conditional Residential Limited, 30.5 acres of land located on the north side of Route 620, between Routes 258 and 655, in Newport a /^~~~!yy i Magisterial District. Rodham T. Delk, Jr., Attorney, appeared before the Board to ask the Board to vote favorably for this application due to a tie vote at a previous Board meeting. Mr. Delk stated that no development would begin until such time as Route 620, between Highway 258 and Smithfield Heights Drive, has been improved and widened under the existing Highway Department plan. County Attorney Crook advised the Board that the matter had been considered at the previous Board meeting following the public hearing and that there was a tie vote on a motion to approve the re-zoning applied for. He further advised that Supervisor Bradshaw was absent from that Board meeting and that Supervisor Bradshaw may now cast his vote which if in favor will approve the re-zoning and, if against, then the motion to approve the re-zoning will be defeated. Supervisor Bradshaw then oast his vote in favor of the motion to approve the application of Bailey Enterprises, Inc. for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, 30.5 acres of land located on the north side of Route 620, between Route 258 and 655, in Newport Magisterial District. Chairman Bradby asked for the Board's consideration in naming Route 626 Mill Swamp Road. W. Douglas Caskey, Assistant County Administrator/Community Development noted that there was an interruption in the road. Chairman Bradby moved that Route 626 from Smithfield town limits to Route 621 and that Route 621 from Route 626 to Route 622 be named "Mill Swamp" Road. The motion passed by unanimous vote (4-O). // On motion of Supervisor Bradshaw, the Board voted unanimously (4-O) to approve the September 21, 1989 minutes of the Board of Supervisors. // On motion of Supervisor Edwards, the vote was unanimous (4- 0) to approve the name of Peartree Road for Route 640. At 8:50 P.M. Supervisor Turner moved the meeting be adjourned, which passed unanimously (4-0). Henry H. Br dby, Chairman Myles Standish, Clerk C 1 1