Loading...
02-15-1990 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED NINETY 1 1 PRESENT: Henry H® Bradby, Chairman Joel C. Bradshaw, Jr•o, Vice Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner', Also Attending: H. Woodrow Crook, County Attorney Myles E. Standish, County: Administrator W. Douglas:Cgskey, Assistant County .Administrator/Community Development Carey Mills, Assistant.Clerk The Chairman called the meeting to order at 7:00 P.M. The invocation was delivered by Supervisor Bradshaw. // Chairman Bradby called for Citizens Comments. Thomas .Fenderson, Box 274, Carrollton, Virginia appeared presenting a proposal for alteration of the four-laving of Windsor, Isle of Wight. Courthouse, and Smithfield which is to be completed in 1994. Mr. Fenderson proposed to change the four-laving to Windsor, Isle of Wight Courthouse, and Benns Church with the idea of leaving the improvements unchanged from Windsor. to the Isle of Wight Courthouse and rather than putting in a third and fourth lane from the Courthouse to Smithfield, a new road be constructed from the Courthouse to Benns Church which world consist of a single lane in the beginning and a dual highway from. Berms Church to Isle of Wight Courthouse. Theodore Green, resident of Smithfield, stated he had a concern about school construction which the school. system will undertake in the near future. He further stated he would like for the Board of Supervisors to consider the acquiring of services of an independent firm to study the County school systems' needs which will enable-the Board of Supervisors to make a good decision when asked for funds by the School Board for school construction. // Chairman Bradby called for the Community Development Report. W. .Douglas Casket', Assistant County Administrator, Community Development, asked for the Board's consideration of the following applications: 1. The application of Coastal Investors, Inc. for a Conditional Use Permit to locate an identification sign for the Red Oaks Mobile Community, twelve (12) feet from the right-of-way of Route 10 and thirty (30) feet from Pine Boulevard (Private roadway) in Newport Magisterial District. The application site is located in the Newport Election District. 1 County Attorney Crook stated that the County zoning ordinance has sign setback provisions which requires signs to be 35 feet back and cautioned the Board to be consistent with their earlier decisions maintaining that setback on primary roads. Supervisor Turner moved to table the application of Coastal Investors, Inc. to the March 1, 1990 regular meeting of the Board of Supervisors. The vote in favor was unanimous (5-O). 2. The application of Vernice H. Jackson to replace a mobile home for Harvey Winnegan to occupy (original mobile home BOOK ~4r~;^.~t~~O 2 burned), on property located on Route 10 and Route 676, in Hardy Magisterial District. Mr. Caskey advised the Board that the applicant requested the application fees for the conditional use permit and building permit be waived by the County due to the circumstances. Supervisor Turner moved to approve the application of Vernice H. Jackson and waive the fees for the conditional use permit and building permit. The vote in favor was unanimous (5-O). Mr. Caskey stated the current standard in the County's subdivision ordinance under Section 4-4-1-5 provides for minimum graded widths, minimum right-of-way widths, and minimum constructed material widths. Mr. Caskey further stated that the pavement width of any new roadway which is to be a public roadway and which would eventually be taken over by the State Highway Department should be a minimum of 22 feet and constructed of material passing Virginia Department of Highway's specifications. Mr. Caskey advised that the wording of the ordinance requires the pavement consist of a bituminous oil primer treatment and double seal treatments with rates of application to be in accordance with Virginia Department of Highway's specifications and that as it currently reads, the kind of roadways that could be proposed and constructed in. subdivisions would be something less than a paved roadway, but would still meet Virginia Department of Highway's standards. Mr. Caskey commented that Mr. Coates, Resident Engineer with the State High:vay Department, had been contacted requesting his input in terms of what kind of language should be incorporated into the subdivision ordinance and informed the Board that Mr. Coates has had communication with the County Planner in this regard and asked for the Board's direction as to whether the Board wanted to proceed to a~~,end the subdivision ordinance to accommodate and place in the appropriate wording which would in turn. create a minimum subdivision street standard that would be comparable to a standard paved street which is typically found in residential subdivisions. Mr. Caskey also stated Mr. Coates has identified and recommended language that would require a minimum depth of pavement and that it be an asphalt/concrete type should the Board desire to amend the subdivision ordinance. County Administrator Standish stated that the staff recommended that the Board proceed to amend the subdivision ordinance and specify the Virginia Department of Transportation's minimum level. On motion of Supervisor Turner, the vote in favor was unanimous to table the discussion of road standards to the March 1, 1990 regular meeting of the Board of Supervisors for discussion with Virginia Department of Transportation's Resident Engineer. Mr. Caskey asked for the Board's consideration in the naming of private lanes in the County and asked for direction on how the Board would like to proceed in accomplishing this. Mr. Caskey stated the County had gone through the naming of public roadways during the previous calendar year and are working with the consultants who are assisting the County in the accomplishment of the E911 effort. In doing so, the consultants have advised the County that in the very near future, they will be identifying alI private roadways within the County and any roadway, drive, lane, or private unimproved roadway that serves a minimum of two or more residences will probably have to have a name due to the 91I response system. Mr. Caskey stated that with this being the case, the County would be having to name a number of private roadways. Mr. Caskey advised that in naming public roadways, a street-naming committee was established within the Planning Commission. Supervisor Ross moved to use the same system used in naming public roads. The vote in favor was unanimous (5-O). RR ^^f 'ry BUl'R ~ rl~~:rV {.d~ Mr. Caskey asked for the Board's consideration for the street name change of St. James Way, Route 702 from Route 676 to dead- end, to Bradby'Lane; and Aberdeen Road, Route 673 from Route 674 to FFA Camp, to Days Point. County Attorney Crook advised that the County had an ordinance with names of streets adopted by a resolution. Mr. Crook further advised he would need to research this to see if the County needed to amend the ordinance or if it could be done by resolution. County Attorney Crook further stated that it'should be done after public notice.. Supervisor Turner moved to have County Attorney Crook review the proper procedure that should be taken for name changes in roads.. The motion passed by unanimous vote (5-0). // Chairman Bradby called for the County Attorney's report. Supervisor. Turner moved to adopt the following resolution. The vote in favor was unanimous (5-0). WHEREAS, the General Assembly is cons,~dering a bill titled HOUSE BILL N0. 819, Offered January 23, 1990, Patron-Glasscock, Referred to the Committee on Finance, which is a proposal to amend Section 58.1'-3237 of the Code of Virginia to allow cities and counties to provide by ordinance that real property located in ,a growth or development corridor no longer qualifies for use value assessment and taxation even if the real property is devoted to a qualifying use; and WHEREAS, the Board of Supervisors of Isle of Wight County wishes to advise the General Assembly that it is opposed to such an amendment to Section 58.1-3.237 of the Code of .Virginia. IN CONSIDERATION WHBREOF, it is resolved by the Board of Supervisors of Isle of Wight County that said Board hereby expresses its opposition to the HOUSE BILL NO. 819, Offered-January 23, 1990, Patron-Glasscock which proposes an amendment to Section 58,1-3237 of the Code of Virginia, paragraph E. by providing that any city. or county may provide_~by ordinance that real property located in a growth or development corridor no longer. qualifies for use value assessment and taxation even if the real prop~:rty is devoted to a qualifying use. The Clerk of this Board is hereby directed to forward certified copies of this resolution to State Senator Richard J. Holland, Delegate J. Paul Councill, who represent the County of Isle of Wight in the State. Senate .and the State House of Delegates, and to all members of the General Assembly. County Attorney Crook explained to the Board that he had received a request concerning the Floyd B. Smith borrow pit. Mr. Crook further explained that the pit was. taken over by Floyd B. Smith Contracting with a number of fees and assessments owed to the County and that the County took a note and deed of trust on this pit with Floyd B. Smith Contracting agreeing to pay the fees. That a substantial amount of fees have been paid, but fees still remained under the deed of trust and note for the. County. Mr. Crook advised that Floyd B. Smith Contracting has negotiated with Benns Church Properties, a Virginia partnership which is acquiring the pit, and that the request to the County from Benns Church Properties is that the County agree to a subordination of the deed of trust and note, which would enable financing of the operation and the acquisition of the property. Mr. Crook stated he had reviewed it and recommended the Board approve it by authorizing his signature as the trustee under the deed of trust with the Chairman signing it on behalf of the County. EofK 4 ~,:::~5~~~ 4 Supervisor Ross moved to authorize County Attorney Crook's signature as the trustee under the deed of trust and Chairman Bradby to sign it on behalf of the County. The vote in favor was (4-O) with Supervisor Turner abstaining stating that he is a part owner in Benns Church Properties. // Chairman Bradby called for the County Administrator's report. County Administrator Standish stated that as indicated to the Board at their last meeting, waste disposal fees are going up and that the future of waste disposal is far more expensive than realized, with costs increasing at a higher rate than anticipated. Durwood Curling, Executive Director of the Southeastern Public Service Authority, stated that his Board of Directors directed him to visit each of the local governing bodies which are members of the Southeastern Public Service Authority to discuss the proposed SPSA's budget, which included expansion of the curbside residential collection program, and to respond to any questions about regional solid waste issues. Mr. Curling advised that in the past twelve months in the State of Virginia, there have been substantial State mandates placed against the local governments. The first item the General Assembly mandated concerns when new landfills are constructed they are required to be constructed at a higher standard. Mr. Curling further stated the second item the General Assembly mandated was that by 1995, local governments would be required to recycle at least 25~ of the waste stream within their communities and the third item mandated was each local government prepare a waste management plan to show the recycling goals would be reached and how the communities were prepared to deal with future solid waste disposal problems, and locations of landfills. Mr. Curling advised that the budget recommended to the Board has a $6 per ton increase in it with the present disposal charge in the SPSA service area at $2f>.50 per ton with it being Mr. Curling's recommendation to increase it to $32.50 effective July 1, 1990. Mr. Curling advised a portion of that $6 increase is associated with the curb-side program and that the $1.87 addition to the tipping fee is associated with the curb side program. County Administrator Standish stated the chart presented by Mr. Curling shows a doubling of costs to the County over the next decade just based upon recycling and other cost increases with no new SPSA facilities and that solid waste is going to become one of the County's most expensive efforts. Supervisor Turner asked Mr. Curling what his assessment was of what the other areas were doing. Mr. Curling replied that other areas were attempting to comply with the mandates and that the law says that by July 1, 1992, all landfills in the State have to comply with this requirement and that the SPSA 50-acre addition will comply with this requirement. County Administrator Standish asked Mr. Curling if he anticipated developing a recycling center for the Hampton Roads area. Mr. Curling replied that SPSA anticipates that with the 25~ requirement and a 25~ requirement that EPA has just published which says before you burn garbage you have to recycle 25~ of it means that the SPSA will have to build some type of recycling facility. Mr. Curling further stated that SPSA currently has a proposal with VEPCO for a second waste-to-energy plant which would take care of approximately 1,000 tons of waste and that SPSA is anticipating putting in front of that a recycling center where the waste would come in and qo through the recycling center where the recyclables would be pulled out, the combustibles would go into the boilers, ~o~Y 14 ~~.:~ 5?3 5 and the non-combustibles would go to the landfills. Supervisor Bradshaw moved to have County Administrator Standish send a letter to the Southeastern Public Service Authority inviting them to make an application to the County fora recycling center/waste energy plant/attendant landfill. The letter would indicate this was not a commitment on the part of the County. The vote in favor was (4-1) with Supervisor, Edwards voting in opposition. Supervisor. Turner moved for approval of the following resolution.: The vote in favor was unanimous. RESOLUTION.~APPROVING AND AUTHORI2ING THE SUBMISSION OF REQUESTS FOR GRANT FUNDS TOTALLING SEVEN HUNDRED THOUSAND DOLLARS ($700,000) FOR UTILITY SYSTEM IMPROVEMENTS WHEREAS, financial assistance is available to Isle of Wight County through the Virginia Community Development B1ock,Grant Program; and WHEREAS, the County of Isle of Wight is eligible to apply for such assistance, and is in need of the provision of utility system facilities to encourage'economic development activities; and WHEREAS, the County of Isle of Wight has. accomplished all requirements relative to the development of application for funding, requesting grant assistance in the amount of seven hundred thousand dollars ($700,000) to provide for the installation of an appropriate water supply in the identified area of the County. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia that: 1. The County Administrator, as chief administrative officer, is hereby authorized to undertake all activities relative to the development of application for filing with the Virginia Department of Housing and Community Development. 2. The County Administrator is authorized to file appropriate application, including all undertakings and assurances contained therein with the Department of Housing and Community Development. BE IT FURTHER RESOLVED that a true and correct copy of this Resolution, as adopted by the Board of Supervisors, be made a part of the official minutes of the regular meeting of the Board of Supervisors of February 15, 1990. County .Administrator Standish asked for the Board's consideration for a change in scope of work and revised contract with Durrant Group for architectural services. Supervisor Ross moved to have County Attorney Crook and County Administrator Standish to meet with Durrant Group and discuss a change in scope of work and a revised contract for architectural services. The vote in favor was unanimous (5-0). // .Chairman Bradby called for New Business. Supervisor Ross stated the Board should consider setting guidelines on the amount of time citizens are allowed to speak under Citizens Comments. Supervisor Turner moved to have County Attorney Crook and County Administrator Standish develop rules by which the Beard can operate. The motion was unanimously adopted (5-0). // BDDK ~4 'rAi:~c~~ 6 Chairman Bradby called for Old Business. The application of Lud L. Spivey for a change in zoning classification from A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, 24.5 acres of land located a*_ the intersection of Route 258 and Route 641, north of Route 258, in Windsor Magisterial District. The purpose of the application is for a residential subdivision of no more than eight (8) lots. Supervisor Edwards moved to approve the application of Lud L. Spivey. The motion was adopted three to two with Supervisors Edwards, Bradby, and Ross voting in favor and~Supervisors Bradshaw and Turner voting nay. // Chairman Bradby moved for approval of the January 18, 1990 minutes of the Board of Supervisors meeting. The vote in favor was unanimous (5-0). // County Attorney Crook requested an Executive Session pursuant to Section 2.1-344 A.7. of the Freedom of Information Act for discussion concerning ongoing litigation, specifically Keusal versus Board of Supervisors and Lotz versus Board of Supervisors; Section 2.1-344 A.4, for discussion of a personnel matter, specifically a former employee's request for compensation; Section 2.1-344 A.l. for negotiation of professional services, specifically bond counsel; Section 2.1-344 A.3. for discussion and negotiations concerning the acquisition and/or use of public property, specifically Town of Windsor and Isle of Wight water/sewer negotiations. Supervisor Bradshaw moved the Board go into Executive Session for the reasons stated by County Attorney Crook. The vote in favor was unanimous (5-O). Upon the Board returning to open session, Supervisor Turner moved the adoption of the 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 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 (iij 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 AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0