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05-17-1990 Regular Meeting1 REGULAR MEETING OF THE ISLE OF .WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF MAY IN THE YEAR NINETEEN HUNDRED NINETY 1 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 (7:30 P.M.) Myles E. Standish, County Administrator W. Douglas Casket', Assistant County AdministratorjCommunty Development Carey Mills, Assistant. Clerk The Chairman called the meeting to order at 7:06 F.M. The invocation was delivered by Supervisor Turner. /I Chairman Bradby called for a public hearing on the Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Make: .Setback for "For Sale" Signs Uniform in all Zoning Districts. William Riddick stated that this ordinance does address the problem which existed with setback signs by .creating a uniform setback standard for temporary for sale signs. throughout the County. Mr. Riddick continued that it was discovered and pointed out by the Planning Commission that there was a conflicting provision in-the existing ordinance that temporary for sale signs can anly be no larger than. location. signs and that the ordinance provides that location signs can only be -four square feet which means that there are now temporary signs iri the County which are in violation of the current ordinance. Mr. Riddick suggested that the Board. adopt the proposed ordinance and ask the Planning Department to look .into the matter and give a report back to the Board regarding a reasonable policy dealing with temporary for sale signs. Supervisor Turner moved the Board. table the Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Make Setback for "For Sale" Signs Uniform in all Zoning Districts to the June 7, 1990 meeting of the Board of Supervisors. The :vote in favor was unanimous (5-0). // Chairman Bradby called .for Citizens Comments. 1 Mr. Hardy pleaded with the Board to request and fund the School Board in doing a comprehensive study. Reverend Williams pleaded. with. the Board to appropriate necessary funds in order that the School Board could do a comprehensive study. prior to construction of new schools in Isle of Wight County. Milton Katz, Chairman of the Commission on Aging, reported the Commission on .Aging bylaws were approved on April 19, 1990 and passed by the members of the Commission on May 2, 1990. Mr. Katz stated the bylaws required a periodic report to the Board of Supervisors and the senior programs, educational programs, and health fair were all successful last. year. Mr. Katz continued that he would leave a list of recommended people who need to be reappointed with Myles E. Standish, County Administrator. Donald Mills, Consolidated Building Services, Inc. representative, spoke on behalf of the concerned citizens of the Smithfield Downs project. Mr. Mills stated this matter has i 900 ~~ r~`~`~~® 2 continued on for nine months and no one has taken the opportunity to talk to Crestar. Supervisor Turner stated Mr. Crook was not present, but was expected shortly and asked Mr. Mills to remain until Mr. Crook arrived and could give a report on what has been accomplished on the Smithfield Downs project. R. L. Walker requested the Board to support the School Board in funding them money for a comprehensive study. Supervisor Bradshaw stated the School Board had money in their budget for studies. (County Attorney Crook arrived at 7x30. P.M.) County Administrator Standish replied that the Board of Supervisors had approved $240,000 in the current fiscal year budget for the School Board relating to new school facilities. Chairman Bradby stated that the Board needed to move in a direction. to encourage the School Board to conduct the kind of study that would determine Isle of Wight County's school needs. Supervisar Turner stated he did not think it was the proper time or place for the Board of Supervisors to make a motion telling the School Board what to do. Supervisor Turner continued that when the School Board brings their directions to the Board of Supervisors, the Board then has to review the background of how the School Board came up with that decision and then vote on it or ask for additional studies as in this case. Chairman Bradby moved the Board send a letter to the School Board requesting them to consider. doing a full comprehensive studyo The vote passed (3-2) with Supervisors Ross and Turner voting in opposition to the motion. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator, Community Development, asked for the Board's consideration of the following application. 1. The application of Dr. Ryland B. Edwards, fir. for a Conditional. Use Permit to locate an identification sign for the "Oaks Veterinary Clinic" (existing business) twenty (20) feet from the right-of-way of Routes 10 and 2580 in Newport Magisterial District. Dr. Edwards spoke in favor stating he did not appear at the Planning Conm~ttission meeting because he felt it would not be approved, but he was still interested in having. the sign because in polling his clients he had found that they would like to have a sign located closer to the road. Dr. Edwards continued that with the current corn crop it would be impossible to see the existing sign on the building which could create danger in turning off the road into his parking lot. Supervisor Turner moved the Board comply with the Planning Commission recommendation and deny the application. The vote in favor was unanimous (5-0). 1 2. Subdivision plat of property of Robert 0. Alphin, et ux, located on a private road off of the west side of Route 614 south of Route 644. ° e~~d 14.h~:r5~1 3 Supervisor Bradshaw moved the Board approve the subdivision plat of property of- Robert O. Alphin. The vote in favor was unanimous (5-0). 1 3. Subdivision plat of property of Charles Albert Willett, located off of the west side of Route 627, .14 mile north of Route 621. Chairman Bradby moved the Board approve the subdivision plat of property of Charles. Albert Willett. The vote in favor was unanimous.(5i0). 4. Subdivision plat of property of Ollie M. White, Tocated approximately 380 feet off of the south side of Route 600 approximately one- quarter (.25) mile ..west of Route 637. Supervisor Turner moved the Board approve the subdivision plat o0,•property of.Olle M. White. The vote in favor was unanimous (5- 5. Subdivision plat of property of Bows and Arrows Subdivision, located southwest of the intersection of Route 258 and Route 641 between the Town of Windsor and the Walters Community. Supervisor .Turner moved the Board approve the subdivision plat of property of Bows and Arrows Subdivision. The vote in favor was unanimous (5-0). 1 1. Change Walter's Square to Joyner Street, Cox Street and Bradshaw Street 2. Change .Battery Park Raad to Battery Street 3. Change Seegar to .See-Gar 4. Change East Ella to Ecella Chairman Bradby stated he had made a request on Route 702, but that the request was ignored and the road was named St. James rather than Bradby. Chairman Bradby requested Mr. Caskey to check into this. Supervisor Bradshaw moved the Board send Routes 619, 630, 702 and 1702 back to the Street Naming Committee for further name change consideration. The vote in favor was unanimous (5-0). 1 Mr. Caskey reminded the Board that at a prior meeting, the Board forwarded to the Planning-Commission a various listing of street names requests which would in turn result in changes to several of their previously approved street .names.- Mr. Caskey advised the Board that these changes had been. brought before the Street Naming Committee and recommendations have been made from the Street Naming Committee to the Planning Commission and the Planning Commission has in turn recommended to the Board of Supervisors the following changes .which represent corrections to previously approved street names: // Chairman Bradby called for the County Attorney's report. County Attorney Crook reported he had a resolution in honor of Lottie Little who was a member of the Planning Commission for fourteen years and who had died recently. Mr. Crook continued that the Board had previously authorized preparation of the resolution but had not formally adopted it. e~nK 14 ~~"`~~? 4 Supervisor Turner moved the Board adopt. the following resolution: RESOLUTION WHEREAS, Lottie Little, of the community of Rushmere, County of Isle of Wight, State of Virginia, departed this life on the 30th day of April, 1990; and WHEREAS, Lottie Little, served the .people of Isle of Wight County as a member of the Planning Commission of Isle of Wight County representing the Hardy Election District for more than fourteen years; and ° WHEREAS, Lottie Little, in her capacity as a member of the Planning Commission of Isle of Wight County has worked faithfully and diligently on behalf of all of the citizens of Isle of Wight County to promote better planning so as to enable the County of Isle of Wight to progress in its growth in an orderly manner; and WHEREAS, the members of the Planning Commission and the Board of Supervisors of Isle of Wight County are indeed grateful for the services rendered the County by Lottie Little, and it is their desire to .formally express their sincere gratitude and appreciation; and WHEREAS, the untimely death of Lottie Little has removed one of the most dedicated citizens of this County. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION AND. THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, as follows: That the members of the Planning Commission and the Board of Supervisors of Isle of Wight County, Virginia, sincerely regret the untimely death_of Lottie Little, who faithfully served her fellow citizens of the County of Isle of Wight as a member of the Planning.. Commission of Isle of Wight County for fourteen years and we hereby' express to the family of Lottie Little, our sincere sympathy for their loss and our gratitude and appreciation for the time and effort so graciously rendered to the County of Isle of Wight by the said Lottie Little, now deceased. The. Clerks of the Planning Commission and the Board of Supervisors of Isle of Wight County are hereby directed to spread this Resolution upon the Minutes of the Commission and the Board as a matter of public record and to forward copies of same to the family of Lottie Little, deceased. The motion to adopt said resolution passed by unanimaus vote (5-0) . County Attorney Crook stated he had been consulted about a farmer's market and asked Judy Begland, Economic Development Coordinator, to make a presentation to the Board. Mrs. Begland stated there had been a long history of discussion about a farmer°s market in Isle of Wight County which would be a significant industry from an economic standpoint. Mrs. Begland continued there has been community interest in trying to establish a farmer's market, first on the part of citizens and now on the part of members of the Agricultural Committee of the Chamber of Commerce and the Extension Service. Mrs. Begland stated the concept of a community farmer's market works like a co-op organization where interested farmers who wish to wholesale their produce to consumers get together and form a non-profit organization, set dues, and through the membership, pay for advertising, etc. and produce a market. Mrs. Begland stated one site in Windsor at Bonnie Motors and one site located at Routes 1 1 e~~K 14 ~;:~5~3 5 669 and 17 in front of the VEPCO and commuter lot were presently being considered with two days of operation each week in each location and managed most probably by a volunteer general manager. Mrs. Begland continued that Bob. Goerger of the Extension Service had put an ad in the paper and received a good response from fifteen farmers, the Extension Service still wanted to play a role in providing meeting space, training and acting in an advisory capacity for the farming community and the Chamber of Commerce would primarily provide operational support in getting it off the ground.. County Attorney Crook recommended the Board of Supervisors promote the farmer's market by leasing the sites, but that the County would need to obtain endorsement to the liability insurance policy or a separate policy for the leased sites. Supervisor.. Ross moved the Board support the farmer's market. The vote in favor was unanimous (S-o). // Chairman 8radby called for the County Administrator's report. Supervisor ,Turner moved the Board adopt the following resolution: RESOLUTION RECOGNIZING MAY AS SENIOR CITIZENS MONTH WHEREAS,•the Senior Gitizens of Isle of Wight County contribute invaluably to the growth and achievement of our community through their spirit, dedication and talent; and WHEREAS, it is recognized that the Senior members of this community, through their skills and experience, are recognized as a most important resource, and do rightfully deserve our collective. appreciation and awareness; and WHEREAS,•the month of May is universally recognized as Senior Citizens Month in the Commonwealth of Virginia, and throughout the • United States. NOW, THEREFORE, BL .IT RESOLVED by the Isle of Wight County Board of Supervisors that the month of May be recognized as Senior Citizens Month in Isle of Wight County and all citizens are urged to join in recognizing and honoring the lifelong Citizens who make Isle of Wight a most important place to live. The motion to adopt .said resolution passed by unanimous vote (5"0~• Supervisor Turner moved the Board adopt the following resolution: RESOLUTION RECOGNIZING MAY AS MENTAL HEALTH PROMOTION MONTH WHEREAS, behind one out of every three doors is someone who suffers from some form of mental illness; and WHEREAS, helping to open the door for persons with mental illness to receive the care and treatment they need is a most worthwhile cause; and WHEREAS, being mentally healthy is as important as being physically healthy; and WHEREAS, encouraging all Virginians to reach out to those who are in-need of help is as noble an endeavor as one can pursue; NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Isle of Wight 6 County Board of Supervisors that all members of the community are encouraged to join with the Western Tidewater Community Services Board .and the Department of Mental Health, Mental Retardation, and Substance Abuse Services, Commonwealth of Virginia, in the observance of May, 1990 as Mental. Health Promotion Month. The motion to adopt sai3 resolution passed by unanimous vote (5-0j . Supervisor Turner moved the Board to adopt the following resolution.: RESOLUTION SUPPORTING THE 1990-91 LITTER CONTROL GRANT APPLICATION OF THE COUNTY OF ISLE OF WIGHT AND THE TOWN OF SMITHFIELD TO THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF WASTE MANAGEMENT WIiEREAS, the Board of Supervisors of Isle of Wight County recognizes the existence of a litter problem; and WHEREAS, the Virginia Waste Management Act provides for .the allocation of public funds in the form of grants for the purpose of enhancing local litter control programs. NOW, THEREFORE,. BE IT RESOLVED, that the Board of Supervisors hereby endorses such a program for the County of Isle of Wight and expresses the intent to combine with the Town of Smithfield in a cooperative litter control program, contingent on receipt of such grant funds. BE IT FURTHER RESOLVED that the Board of Supervisors hereby authorizes the Isle of Wight County Administrator to apply on behalf of the County and Town for a grant; to be responsible for the administration, implementation, and completion of the program; accepts liability for its-pro-rata share of any funds not properly used or accounted for pursuant to the program; and, requests the Virginia Department of Waste Management to consider and approve the application and program, which are in accord with the regulations governing use and expenditure of said funds. The motion to adopt said resolution passed by unanimous vote (5-0j. County Administrator Standish stated that the County Treasurer has been providing complimentary County vehicle licenses to volunteers and that when the County Attorney was consulted about this, the County Attorney advised that he was not aware of the Board having approved such action. County Administrator Standish asked-.for the Boards consideration of endorsing such a policy. Supervisor Ross moved the Board direct the County Attorney to prepare the appropriate documents to be brought back to the Board. The. vote in favor was unanimous (5-Oj. County Administrator Standish stated there were three appointees on the SEVAMP Board of Directors who indicated that the SEVAMP Board is not covered by Directors and Officers liability insurance and who want the County to broaden its insurance to cover these appointees until such time as SEVAMP obtains this type of insurance. Grace Keen stated that the SEVAMP Board of Directors discovered at the Board meeting today that they are insured by the Chubb Group. Supervisor Turner moved the Board adopt the following resolution and that the County Administrator be instructed to provide information to local representatives and governor to make them aware that Social Services is not being funded properly: 1 C RESOLUTION TO•APPROPRIATE EIGHTY THOUSAND SIX HUNDRED EIGHTY® gnrl! ~~ `+'~~'~50 7 NINE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE SOCIAL SERVICES OPERATING BUDGET WHEREAS, the funds in the amount of eighty thousand six hundred eighty-nine dollars ($80,689) need to be appropriated from the unappropriated fund balance tothe Social Services Department, line item 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 eighty thousand six hundred eighty-nine dollars ($80,689) from the unappropriated fund .balance be appropriated to Social Services, Operating Budget, in 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 reso ution effect. The motion toadopt said resolution was passed by unanimous vote (5-0j. County Administrator Standish reported that Supervisor Edwards requested the committee be appointed as previously agreed to by the Board on the Animal Control 'leash law ordinance. Chairman Bradby moved that the Board appoint Supervisor Edwards, Charlie Morris Little, David Jcsyner, Shirley Land and Ruth Austin. The vote in favor was unanimous (5-0). 1 County .Administrator Standish reported that the contract with Redmann and Associates anticipated approximately 23 visits to Isle of Wight,. but were;. already at 33, and anticipated numerous more visits to assist the Planning Commission. County Administrator Standish further reported that Redmann and Associates requested the Board's approval`of a change order in the amount of $5,000 to cover their additional travel costs. Supervisor Ross moved the Board approve a change order for $5,000 to Redmann and Associates to cover the cost of additional visits to'Isle of Wight County. The vote passed by unanimous vote (5-0)• County;Admnistrator Standish reported that the operating budget recommended the Board's consideration of a tax rate of .70 per $:100, reduced from .75 per $100 and recommends total expenditures of $31,413,144.. County Administrator Standish asked for the Board's.. consideration in directing that the budget be advertised for a public hearing for June 7, 1990 with all rates remaining the same except the real estate tax rate which is .70 and to advertise .the Utilities Budget. Supervisor Ross moved the Board advertise far a public hearing the proposed operating budget with all rates remaining the same except the real estate tax rate which is .70 and to advertise the Utilities Budget. The motion passed by unanimous vote (5-0). 1 County Administrator Standish reported that the State is requiring that ail localities in Virginia develop a solid waste plan and that the communities in Hampton Roads benefitted from having both a regional planning agency and a regional solid waste agency. County Administrator Standish stated that the State has requested that he advise the Director of the Department of Waste Management by June if the County intends to develop its own solid waste plan or if the County intends to participate with the development of the regional solid waste plan. County Administrator Standish recommended that Isle of Wight County loin with the other cities and counties in Hampton Roads and develop a regional solid waste plan and designate the Planning District Commission as the BDDK ~`1 r~(:''~~~ regional planning agency. Supervisor Edwards. moved to authorize County Administrator Standish to inform the State that the County wishes to develop a regional solid waste plan and designate the Planning District Commission as the regional planning agency. The vote in favor was unanimous (5-0). County Administrator Standish stated that a part of the capital budget is $8,000 for Capital acquisition by the Rushmere Fire Department. County Administrator Standish continued that the Rushmere Fire Department was contacted by the Sedley Volunteer Fire Department and advised of the availability of a used fire truck for $7,250 which includes approximately $1,000 iri equipment in addition to the truck. Supervisor Turner moved the Board authorize .County Administrator Standish to advise Sedley Volunteer Fire Department that the Board will consider the allocation of funds in the FY budget. The vote in favor was unanimous (5-0). 1/ Chairman Bradby called for new business. Supervisor .Edwards stated the Town of Windsor is looking at developing a'library program in the Town, Supervisor Edwards continued that the Town of Windsor has requested the Board to appoint a library committee. Supervisor Turner moved the Board.. appoint Supervisor Edwards.. to meet with the: Town Council Committee to explore the possibility of providing library services to Windsor. The vote in favor was unanimous (5-0). // Chairman Bradby called for old business. There having been no opposition expressed, Chairman Bradby moved the Board approve the following resolution: Resolution agreeing to the request of the Virginia Department of Transportation to close Route 646 temporarily for the purpose of replacing abridge over Pope Swamp. Whereas, the Virginia Department of Transportation is desirous of closing Route 646 for the purpose of.replacing a bridge over Pope Swamp. Project 0646-046-203-N501 has requested the approval of the board; Now, therefore, be it resolved by the Board of Supervisors of Isle of Wight County, Virginia, that the Board concurs with the recommendation that Route 64.6 be closed to through traffic between Route 644 and Route 649 during the time of construction replacing a bridge over Pope Swamp, thereby eliminating the construction of an expensive detour.- The motion to adopt said resolution passed by unanimous vote (5-O) . // Chairman Bradby called for appointments. Supervisor Ross advised that on Item 5 he had read recently that Reverend James Johnson had been reappointed to the Isle of Wight County School Board. County Attorney Crook advised that the Board of Supervisors IJ C 1 a~~~ ~.4 ~~~:~~~~7 does. not make appointments to .the School Board and that Supervisor Ross was correct, the School Board Selection Commission. had reappointed Reverend James Johnson to the School Board representing the Newport Election District. 1 //~~~:.. Chairman Bradby called for approval of the April 19, 1990 minutes of the Board of Supervisors. Supervisor Edwards moved the Board approve the April 19, 1990 minutes of the Board of Supervisors. The motion passed by unanimous vote (5-0). I/ County Administrator Standish advised the Board that the agenda listed 8:30 P.M. as a possible time for the meeting of the Public Service Authority to begin, but that there was no business for discussion other than budgetary information. // At the request of the County Attorney., Supervisor Turner moved the Board go into Executive Session for consultation with legal counsel and staff. members pertaining to actual or probable litigation, specifically the Isle of Wight County/Crestar/Springfield Downs subdivision difficulties pursuant to 2.1-344 A7 of the Freedom of Information Act.. The vote in favor was unanimous, (5-0). 'J Upon returning to open session, Supervisor Edwards moved the Board adopt 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, Section 2.1-344.1 of the Code of Virginia requires a certification by the 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 AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion. to adopt said resolution passed by unanimous vote (5-Oj. County Attorney Crook advised the Board he needed the Board to authorize him to sign on behalf of the Board a stipulation, which has already been signed by the attorney for Crestar Bank, B0~1f 14 r~,,:~VVIJ 10 and the trustee for First Commonwealth Land Company to be presented to the bankruptcy judge for payment to the County of $17,688 to complete the water system upgrade and repairs for Springfield Downs subdivision. Supervisor Turner moved the Board authorize County Attorney Crook to sign on behalf of the Board a stipulation to be presented to the Bankruptcy judge for payment to the County of $.17,688 to complete the water system upgrade and repairs. The vote in favor passed by unanimous vote (5-O) for Springfield Dawns subdivision. // County Administrator Standish requested the Board to direct him to proceed with the repairs to the well and authorize him to execute an appropriate contract with Christian Pugh. Supervisor Turner moved the Board direct County Administrator Standish to proceed with the repairs to the well and authorize the County Administrator. to execute an appropriate contract with Christian Pugh. !/ Chairman Bradby stated he had met with Mr. Myers regarding Myers Landing and that Mr. Myers has substantially completed all that the Virginia Department of Highways has requested him to do. .Chairman Bradby further commented that the area was seeded, the driveways had been lowered, and the proper drainage ditches had been put in, but the Department of Highways has advised they .would like to see more grass growing. Chairman Bradby stated the bonding people have verbally advised that the bond can proceed past the May 29, 1990 deadline. W. Douglas Caskey, Assistant County Administrator/Community Development, advised that he had one of his staff to contact the bonding company to verify ..with them what the County's .next step was and that he had received the receipts and that the bonding company does have the request that was sent to them advising that the bond is being be revoked. Mr. Caskey further advised that the bonding company was called today to inquire what else needs. to be done to secure the funds and was advised verbally that although the performance agreement may have expired and although the expiration date is May 29, 1990, the surety bond would continue to remain in full force until all subdivision improvements have been completed and the County releases Mr. Myers from the obligation. Mr. Caskey .continued that the Department of Highways provided .the County with a letter today that Mr. Myers has completed the road and drainage ,work minus the need to have a grass stand on some of the ditches which would take several weeks to establish and at such time as the grass establishes itself, the Virginia Department of Highways will initiate the process to have the road taken into the system. County Administrator Standish suggested that Dave Murphy explain the particulars about the water system; that when the subdivision was originally proposed a water system which was reviewed and approved by the Public Service Authority accompanied the proposal and that the water system that is in the ground is a departure and not the same water system which was approved. Supervisor Bradshaw stated the Board should get advice from County Attorney Crook before proceeding with discussion on Myers Landing. County Attorney Crook advised that the Board had had an Executive Session at a previous meeting and discussed very probable litigation on Myers Landing and determined the course it was to follow and that the Board should not be discussing it openly at this time. ~J 1