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01-18-1990 Regular Meeting., BDOK ~`t ~~~~ ~~J ~ 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED NINETY PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven 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 Carey Mills, Assistant Clerk 1 Tt:e Chairman called the meeting to order at 7:00 P.M. The invocation was given by Supervisor Ross. // Chairman Bradby called for Citizens Comments. No one appeared. // Chairman Bradby called for the Community Development report. 1 W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following conditional use permit application for the Board's consideration: 1. The application of Coastal Investors, Inc. for a Conditional Use Permit to locate an identification sign eoca 14 ~N.:~~-~~ for Red Oaks Mobile Community, twelve (12) feet Prom the right-of-way of Route 10 and thirty (30) feet from Pine Boulevard (private roadway) in Newport Magisterial District. Mr. Caskey informed the Board that a request from the applicant had been received requesting the application be tabled to the Board's February 15, 1990 meeting. Supervisor Turner moved to table the conditional use permit application of Coastal Investors, Inc. to the February 15, 1990 meeting of the Board of Supervisors. The vote in favor was unanimous (5-O). Mr. Caskey presented the following application for the Board's consideration: 2. The application of Lionel A. Wilson to locate a mobile home for daughter, Jamie Grant and family, on 119.5 acres of land located on the north side of Route 621, Between Route 523 and Route 625, in Hardy Magisterial District. Mr. Caskey stated the Planning Commission recommended approval by unanimous vote. Chairman Bradby moved to approve the application of Lionel A. Wilson to locate a mobile home for daughter, Jamie Grant and family, on 119.5 acres of land located on the north side of Route 621, Between Route 623 and Route 625, in Hardy Magisterial District. The vote in favor was unanimous (5-O). Mr. Caskey presented the following application for the Board's consideration: C~ L' 3. The application of Dashiell Enterprises, owner, Rosso & !, ~o~K 14 rM`~ 4`~~ 3 u Lovell, Inc., lessee, to locate a business sign twelve (12) feet from the right-of-way of Route 17, in Newport Magisterial District. Mr. Caskey advised that the Planning Commission recommended denial by unanimous vote. Mr. Rosso appeared and stated he would like to continue keeping the sign where it has been located for the past five years. Mr. Rosso further stated that in coming to the Board of Supervisors meeting this evening, he noticed numerous signs in violation of the 35-foot law. County Attorney Crook advised that in 1984 the Code was amended to require 35 feet set back and some signs were in place prior to that time. D Supervisor Ross moved to deny the application of Dashiell I Enterprises, owner, Rosso & Lovell, Inc., lessee, to locate a business sign twelve (12) feet from the right-of-way of Route 17, in Newport Magisterial District. The vote in favor was unanimous ~ (s-o). Mr. Caskey presented the following application for the Board's consideration: 4. The application of Raymond D. and Cynthia B. Brock to locate a mobile home for brother, Timmie R. Brock and family to occupy, on 10.04 acres of land located on the j 1 east side of Route 600, between Route 606 and 700, in Newport Magisterial District. Mr. Caskey informed the Board that the Planning Commission recommended approval by unanimous vote. l ' BOOK 14 ~a~~aa~ 4 Supervisor Turner moved to approve the application of Raymond D. and Cynthia B. Brock to locate a mobile home for brother, Timmie R. Brock and family to occupy, on 10.04 acres of land located on the east side of Route 600,•:~etween Route 606 and 700, in Newport Magisterial District. Mr. Caskey presented the following application for the Board's consideration: 5. The application of Lenious A. Jordan, et al, to locate a mobile home to be occupied by Annette J. Campbell and family, on property located on the south side of Route 601, between Route 602 and the Suffolk Corporate Line, in Newport Magisterial District. Mr. Caskey informed the Board that the Planning Commission recommended approval by unanimous vote. Supervisor Turner moved to approve the application of Lenious A. Jordan, et al, to locate a mobile home to be occupied by Annette J. Campbell and family, on property located on the south side of Route 601, between Route 602 and the Suffolk Corporate Line, in • Newport Magisterial District. The vote in favor was unanimous (5- 0) . Mr. Caskey presented the following application for the Board's consideration: 6. The application of Conrad G. and Jane M. Ashe to locate a mobile home for son, C. G. Ashe, Jr. , to occupy on fifty (50) acres of land located on the west side of Route 650, between Route 637 and Route 646, in Hardy Magisterial District. ~~ 1 1 I ~ LJ Mr. Caskey informed the Board that the Planning Commission •t aoo~ ~~ rc~,~~Q~ 5 unanimously recommended approval on the conditions that the site is excluded from the B-1 District and the lot is subdivided from 1 the parent tract as a separate parcel. Supervisor Bradshaw moved to approve the application of Conrad G. and Jane M. Ashe to locate a mobile home for son, C. G. Ashe, Jr., to occupy on fifty (50) acres of land located on the west side of Route 650, between Route 637 and Route 646, in Hardy Magisterial District with the conditions recommended by the Planning Commission. The vote in favor was unanimous (5-0). Mr. Caskey presented the following application for the Board's consideration: 7. The application of Conrad G. and Jane M. Ashe to locate a mobile home for the campground manager to occupy on fifty (50) acres of land located on the west side of 1 Route 650, between Route 637 and Route 646, in Hardy Magisterial District. Mr. Caskey informed the Board that the Planning Commission recommended approval of the application by a vote of 6-2 with Commissioners from the Carrsville and Windsor Districts voting in opposition. 1 Supervisor Ross moved for approval of the application of Conrad G. and Jane M. Ashe to locate a mobile home for the campground manager to occupy on fifty (50) acres of land located on the west side of .Route 650, between Route 637 and Route 646, in Hardy Magisterial District with the limitation that the mobile home be used for the Campground Manager only. The vote in favor was unanimous (5-0). Mr. Caskey presented the following application for the Board's consideration: BOQK ~4 r~"~~Q? 6 8. The application of Joseph F. and Mary M. Brown, owners and Contel of Virginia, Inc. prospective owner, to locate a telephone switching facility, "relay station" on .24 acre of land off Route 704, in Rescue, Newport Magisterial District. Mr. Casket' informed the Board that the Planning Commission recommended approval by unanimous vote. Supervisor Turner moved for approval of the application of Joseph F. and Mary M. Brown, owners and Contel of Virginia, Inc. prospective owner, to locate a telephone switching facility, "relay station" on .24 acre of land off Route 704, in Rescue, Newport Magisterial District. The vote in favor was unanimous (5-O). Mr. Casket' presented the following plat for the Board's consideration: 1. Plat of the property of Waverly J. Ward and Deborah A. Ward, located off Route 602, in Newport Magisterial District. Mr. Casket' informed the Board that the Planning Commission recommended approval by unanimous vote. Supervisor Edwards moved to approve the plat of property of Waverly J. Ward and Deborah A. Ward, located off Route 602, in Newport Magisterial District. The vote in favor was unanimous (5- 0) . Mr. Casket' presented the following plat for the Board's consideration: [] C 1 2. Subdivision plat of a portion of property owned by the t, 80Qn ~!i ~;:,; JIJ~ Johnnie M. March Estate, six (6) lots located in Windsor Magisterial District. Mr. Caskey informed the Board that the Planning Commission recommended denial of the plat by unanimous vote because the plat does not limit the number of curb cuts onto Route 641. Supervisor Turner moved that the plat showing subdivision of a portion of property owned by the Johnnie M. March Estate, six (6) lots located in Windsor Magisterial District be approved as presented with each individual lot having their own driveways. The vote in favor was unanimous (5-0). _ Mr. Caskey presented the following plat for the Board's consideration: 1 3. Plat showing portion of property of H.R.F.T., Inc. containing 1.963 acres located on Route 460, in Windsor Magisterial District. Mr. Caskey informed the Board that the Planning Commission recommended approval by unanimous vote. Supervisor Turner left the room at 7:40 P.M. Supervisor Edwards moved for approval of the plat showing a { portion of property of H.R.F.T., Inc. containing 1.963 acres located on Route 460, in Windsor Magisterial District. The vote in favor was unanimous (4-0) of those members present. 1 // Supervisor Turner returned to the meeting. Chairman Bradby called for the County Attorney's report. aooK 14 r~,.~504 8 H. Woodrow Crook, Jr., County Attorney, reminded the Board that at the previous meeting the Board directed preparation of an ordinance to consider reduction or exemption from personal property taxes for motor vehicles of volunteer fire department members, rescue squad members, and the disabled or handicapped. Mr. Crook advised the Board that this was allowable by law, but would not take effect until July of 1990 when the tax rates were set and asked the Board whether they wanted to consider "reduction" or "exemption" from personal property taxes in the ordinance. Supervisor Turner moved to include "exemption" from personal property taxes in the proposed ordinance. The vote fn favor was unanimous (5-O). // Chairman Bradby called for the County Administrator's report. County Administrator Standish asked for the Board's favorable consideration of a contract between the County and the Health Department for their services for the current fiscal year. Supervisor Turner moved for approval of the contract between the County and the Health Department. The vote in favor was unanimous (5-0). County Administrator Standish asked for the Board's favorable consideration of a request from the Virginia Department of Transportation relative to a resolution that would abandon an old section of Route 644 in Isle of Wight County. Supervisor Turner moved to adopt the following resolution. The vote in favor was unanimous (5-0). r f~ 1 [: Whereas, Secondary Route 644, has been altered and a new .. eoc~rc ~.~ ~~~~ ~~ 9 road has been constructed and approved by the Virginia Department of Transportation, which new road serves the same citizens as the road so altered; and 1 Whereas, certain sections of this new road follows new locations, these being shown on a sketch entitled "Changes in Secondary System Due To Relocation And Construction On Route 644, Project 0644-046-P31, N501" dated December 28, 1989. Now, therefore, be it resolved: That the Board recommends that the section of old location, ie, Section "A" shown in red on the aforementioned sketch, a total distance of 0.124 mi., be, and the same hereby is abandoned as a public road pursuant to Section 33.1-155 of the Code of Virginia 1950, as amended. 1 And, further, that Section "B" shown in blue on the aforementioned sketch, a total distance of 0.147 Mi., be, and hereby is added to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia of 1950, as amended. County Administrator Standish asked for the Board's favorable consideration of a resolution to appropriate fourteen thousand one hundred dollars from the unappropriated fund balance for supplemental funding of constitutional officers salaries. Supervisor Turner moved to adopt the following resolution. The vote in favor was unanimous (5-0). 1 RESOLUTION TO APPROPRIATE FOURTEEN THOUSAND ONE HUNDRED FIFTY-FOUR DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE FOR SUPPLEMENTAL FUNDING OF CONSTITUTIONAL OFFICERS SALARIES eQt; 11 ~ i rM;.r~oyJ . 10 WHEREAS,~the Board of Supervisors of the County of Isle of Wight, Virginia has received notification from the state Compensation Board that effective January 1, 1990, Constitutional Officers and their personnel will receive a salary increase; and WHEREAS, funds in the amount of Fourteen Thousand One Hundred Fifty-Four dollars ($14,154) are needed to be appropriated to the Commissioner of Revenue, Treasurer, Sheriff, Clerk of Circuit Court and Commonwealth's Attorney line items in the 1989-90 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia. that Fourteen Thousand One Hundred Fifty-Four dollars ($14,154) be appropriated to the following line items in the noted amounts: 11-1209-1001, Commissioner of Revenue, salaries ($1,699); 11-1213- 1001, Treasurer, salaries ($941); 11-2106-1001, Clerk of Circuit Court, salaries ($4,227); i1-2201-1001, Commonwealth's Attorney, salaries ($662); and i1-3102-1001, Sheriff, salaries ($6,625) fn the 1989-90 budget of the County of Isle of Wight. 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. County Administrator Standish recommended to the Board that a committee meet with Suffolk to discuss potential water agreement. Chairman Bradby suggested that Supervisors Turner and Ross meet with Suffolk to discuss a possible water agreement. County Administrator Standish requested authorization to ~ develop a Community Development Block Grant application for improved water system in the extreme south end of the County. 1 1 1 ., eooK ~.~ ~~~ ~~7 11 1 Supervisor Turner moved to authorize County Administrator Standish to develop a Community Development Block Grant application for an improved water system. The vote in favor was unanimous (5- 0) . County Administrator Standish informed the Board that the General Assembly may be considering legislation to levy a 10 cents per 1,000 gallons fee on ground water withdrawal and asked the Board to authorize a letter to the General Assembly indicating strong opposition to the levy. Supervisor Turner moved to authorize County Administrator Standish to send a letter to the General Assembly indicating Isle of Wight County's opposition to the levy. The vote in favor was unanimous (5-0). 1 // Chairman Bradby called for Old Business. Chairman Bradby read a thank you note from the Library expressing their appreciation of support received from Isle of Wight County. // Chairman Bradby called for Appointments. County Attorney Crook advised he had received a letter from 1 William K. Barlow, attorney of the Public Service Authority advising that Mr. Spivey's term will expire in February of 1990. Supervisor Turner informed the Board that he had spoken with Mr. Iiollowell who informed him that due to health reasons, he would 4 BOOK ~~ ?~~? 5O8 12 not be able to serve another term on the Board of Building Appeals o Supervisor Turner continued that he would try to have a nominee for this vacancy at the next meeting. County Administrator Standish reported that he would have the appointments for the Commission of Aqinq sent under separate cover to the Board of Supervisors next week. County Attorney Crook advised that the Commission of Aging by- laws were not in accord with law and that he had suggested to the Commission that they check with the State Department on Aging to get proper by-laws to review and submit to the Board. // Supervisor Turner moved for approval of the minutes of the December 21, 1989 Board of Supervisors meeting. All members voted in favor (4-0) except Supervisor Ross, who abstained. // County Attorney Crook requested an Executive Session under Section 2.1-344.A1 for discussion and consideration of a prospective candidate for employment, specifically employment or retaining a Real Estate Appraiser regarding the Lake Gaston,ll~~~• Pipeline properties pursuant to the County's 'agreement with Virginia Beach; Section 2.1-344.A3 concerning the acquisition of property for public use, specifically the Tylers Beach Boat Harbor; Section 2.1-344.A1 for discussion of a personnel matter, specifically consideration of compensation time of a former employee; Section 2.1-344.A3 for discussion of acquisition or use of real property for public purposes, specifically sites for trash collection and negotiations with the Town of Smithfield concerning 1 ~~ 1 same; and Section 2.1-344.A7 for consultation with legal counsel and staff members regarding potential litigation, specifically ., 13 defining duties of the special counsel for annexation. fl At 8:07 P.M., Supervisor Turner moved the Board go into Executive Session for the reasons stated by County Attorney Crook. The vote in favor was unanimous (5-0). Upon the Board returning to open session, Supervisor Edwards moved the adoption of following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and 1 WHEREAS, 2.1-344.1 of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE 1 AYES: 5 NAYS: 0 B~~K ~~ %N~t! ~ O 14 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 County Attorney Crook advised the Board that a motion was needed to authorize County Administrator Standish and County Attorney Crook to negotiate with an Appraiser concerning the Virginia Beach water line-Virginia Beach/Isle of Wight County agreement. Supervisor Bradshaw moved to authorize County Administrator Standish and County Attorney Crook to negotiate with an Appraiser concerning the Virginia Beach water line. The vote in favor was unanimous (5-0). Supervisor Edwards moved that a committee be appointed to work with the County and City of Franklin about an industrial area in Isle of Wight County. The vote in favor was unanimous (5-O). Chairman Bradby appointed Supervisors Edwards and Bradshaw which was unanimously approved (5-0). Supervisor Turner moved that the committee as appointed by the Board previously concerning Smithfield Foods request a meeting with other committees involved to meet with a representative from HRSD. The vote in favor was unanimous (5-0). // At l0: 05 P.M. , Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-0). Henry H. Bradby, Chairman 1 1 1 1 1 aoa~ 1~ ~Mc~ ~.~..~ 15 Myles E Standish, Clerk f 4 i E I i { r i