08-02-1990 Regular Meeting.;
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SECOND DAY OF AUGUST 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 (Arrived
2:08 P.M.)
Myles E. Standish, County Administrator
W. Douglas ~Caskey, Assistant County
Administrator/Community Development
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to .order at 2:03 P.M. The
invocation was delivered by Chairman Bradby.
//
Chairman Bradby called for Transportation Matters and noted
that Mr. Neblett of the Virginia Department of Transportation was
not present.
Supervisor Ross moved the Board amend the agenda to move
Public Hearings up to the present point of the agenda. The motion
passed by unanimous vote (5-O).
Chairman Bradby called for a public hearing on the following
rezoningss
1. The application of William Briggs Estate for a change in
zoning classification from A-1, Agricultural Limited to Conditional
R-A, Conditional Rural Residential, approximately seven (7) acres
of land, located on the south side of Route 603, between Route 600
in Windsor Magisterial District. The stated purpose
and Route 606
,
of the application is for no more than five (5) rural residential
lots.
Chairman Bradby called for citizens to speak in favor.
Betsy Holland appeared and stated .she was .representing the
William Briggs heirs who would. like to rezone. no more than five
home sites of which there will be no more than one road going into
Route 603.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by the Board.
Supervisor Ross stated he had noticed that the Planning
Commission had recommended approval, but had suggested that all
lots limit access to Route 603 by way of a 30 foot easement.
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W. Douglas Caskey, Assistant County 'Administrator/Community
Development stated the applicants will have two lots fronting on
the existing State road; however, there will be one curb cut_onto
Route 603 which would be the 30 foot right of way and all the curb
cuts. representing driveways would be onto the 30 foot right of way..
Supervisor Edwards moved the Board approve the application of
William Briggs Estate with the condition recommended by the
Planning Commission. The motion passed by unanimous vote
(5-O).
2. The application of-Rufus W. Clark for a change in zoning
classification from A-1, Agricultural Limited to R-MH-A, .Rural
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Mobile Home District, .55 acre of land located on the west side of
Route 632, between Route 58 and Route 612, in Windsor Magisterial.
District. The stated purpose of the application is for the
permanent location of one (1) mobile .home.
Chairman Bradby called for citizens to speak in favor.
Rufus Clark appeared.
Chairman Bradby called for citizens in opposition..
No one appeared.
Chairman Bradby called for comments by the Board.
Supervisor. Ross moved the Board approve the. application of
Rufus W. Clark. The motion passed by unanimous vote (5-0).
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Chairman Bradby called for Citizens Comments.
No one appeared.
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Supervisor Turner moved the Board continue with the agenda
leaving out Transportation .Matters until the Resident Engineer
appeared. The motion passed by unanimous vote (5-0).
Chairman Bradby called for .the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following plat for the Board's
consideration.
1. Subdivision plat of property of Waterford Commercial
Development located on Route 10 across from Smithfield Plaza.
Supervisor Turner moved the Board approve the subdivision plat
of property of Waterford Commercial Development. The motion passed
by unanimous vote (5-0).
W. Douglas Caskey, Assistant County Administrator/Community
Development, presented the following request:
1. Consideration of the request of Roland L. Spady to allow
a three (3) foot by eight (8) foot (twenty-four (24) square feet)
sign advertising "Dixie Motors" on the front roof of an existing
building located in the Benn's Church Historic District.
Mr. Caskey stated this request did require review and
consideration by the County's Historical Architectural Review
Committee who voted on July 13, 1990 to recommend approval of the
request. to the Board of Supervisors.
Supervisor Turner asked County Attorney Crook how many members
of the County's Historical Architectural Review Committee were
present.
County Attorney Crook replied that as he recalled, .all but one
member of the County's Historical Architectural Review Committee
were present when this request was considered.
Supervisor Turner moved the Board approve the request of
Roland L. Spady. The motion passed by unanimous vote (5-0).
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Mr. Neblett, Resident Engineer, Virginia Department of
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Transportation appeared.
Chairman Bradby called for Transportation Matters.
Mr._Neblett asked for the. Board's approval of the Virginia
Department of Transportation's Secondary-Road System expenditures
for fiscal year. 1990-91.
Supervisor Turner moved the Board adopt the following
resolution:.
A RESOLUTION ACCEPTING AND APPROVING
THE ISLE OF WIGHT COUNTY PRIORITY LIST
AND 1990-91 CONSTRUCTION BUDGET
Whereas, the Isle of Wight County-Board of Supervisors and the
Virginia Department of Transportation held a public hearing on July
19, 1990, to solicit citizens' comments and recommendations
concerning the County's priority list and the 1990-91 Secondary
Construction Budget and;.
Whereas, comments and recommendations received from the
aforementioned hearing do no warrant changing the Couunty's Priority
List and 1990-91 Secondary Construction Budget;
Now, therefore, be it resolved, that the Board of Supervisors
of Isle of Wight County-does hereby accept and approve the County's
priority list and the 1990-91 Secondary Construction Budget, hereto
attached, and made a part hereof, reference there to being hereby
specifically .made, which contains construction projects. and
railroad protection projects as present to the Board.
The motion to adopt said resolution passed by unanimous vote
(5-0).
Mr. Neblett reported that the speed study on Route 603,
.previously requested by Supervisor Edwards, had been completed.
Mr. Neblett continued that the Virginia Department of
Transportation did not recommend lowering the present 55 mph speed
zone at this time, although monitoring of the. road would continue. '
Supervisor .Bradshaw asked Mr. Neblett about the progress of
..cleaning the ditches in Jamestown subdivision.
Mr. Neblett reported he was having a problem getting equipment
and it may be necessary to hire hourly labor.
Supervisor Bradshaw stated that Mr. Neblett could contact
Otelia Rainey and Reverend Freeman and possibly get a paper signed
to allow equipment in some places.
Mr. Neblett stated he would get with Ms. Rainey.
Supervisor Bradshaw stated he wanted the ditches cleaned out.
on Route 613.
Supervisor Edwards reminded Mr. Neblett about cleaning out the
ditches on Route 637 and also Route 258 between the Courthouse and
Highway .652.
Supervisor Turner asked for. help with the situation on the
pump station on Route 1603 and also the stop light at Benn's Church
which allows a citizen to turn left once the green arrow is off,
creating a traffic hazard. Supervisor Turner continued he thought
there should be a flashing light there and suggested calking with
Richmond to change the-State guidelines.
Mr. Neblett stated he would get with the Traffic Engineer on
the situation.
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Supervisor Ross asked Mr. Neblett if he had checked into the
right turn lane off of the Route 10 bypass.
Mr. Neblett stated he Virginia Department of Transportation
did not have the money to do this right now, but that he would
continue to check on this.
Chairman Bradby called for citizens to speak on highway
matters.
No one appeared.
County Administrator Standish reported that the County had
received the first update of the Virginia Statewide Highway Plan
for the Suffolk District which represents the State's long range
thinking on road improvements. Copies of the Plan had been
distributed among County departments .and would be on file for
future reference and use.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook advised the Board that under the State
law, the Circuit Court has to appoint a Board of Equalization
concerning the reassessment. County Attorney Crook further advised
he had been informed by the Senior Judge of the Circuit Court that
the Judge will appoint a Board of Equalization tomorrow and if the
Board of Supervisors would like to make recommendations, they
should be considered at this meeting.
All Supervisors indicated they had each previously presented
nominations to the Board except Supervisor Ross who stated he would
make an inquiry at recess.
//
Chairman Bradby called for the County Administrator's report.
Supervisor Edwards moved the Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE ONE THOUSAND THREE HUNDRED SIXTY-FIVE.
DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE SPECIAL EDUCATION
INSERVZCE GRANT
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Special Education Inservice Program; and
WHEREAS, the funds in the amount of one thousand three hundred
sixty-five dollars ($1,365) need to be appropriated to the School
grant fund in the 1990-91 budget of the County of Zsle 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
thousand three hundred sixty-five dollars ($1,365) be appropriated
to line item Special Education Inservice Grant in .the 1990-91
budget of the County of Isle of Wight, Virginia.
BE ZT FURTHER RESOLVEb 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.
The motion to adopt said resolution passed by unanimous vote
(5-0) .
Supervisor Turner moved the Board adopt the following.
resolution:
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RESOLUTION TO APPROPRIATE EIGHTY-NINE THOUSAND SIX HUNDRED SEVENTY-
FOUR DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE DROPOUT
PREVENTION PROGRAM
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Dropout Prevention Program; and
WHEREAS, the funds in the amount of eighty-nine rcoriatedsto
hundred seventy-four dollars ($89,674.) need to be app p
the School grant fund in the 1990-91 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
eighty-nine thousand six hundred seventy-four dollars ($89,674)'be
appropriated to line item Dropout Prevention Program in the 1990-
91 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 o do all the
things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-0).
Supervisor Turner moved the. Board adopt the following
resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE THIRTY-TWO THOUSAND THREE
HUNDRED FIFTY-NINE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE VICTIM/WITNESS
ASSISTANCE PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia, has received a grant from the Commonwealth of
Virginia, Department of Criminal Justice Services for the
Victim/Witness Assistance Program,, and
WHEREAS, the funds in the amount of thirty-two thousand three
hundred fifty-nine dollars ($32,359) to be received from the.
Commonwealth of Virginia, Department of Criminal Justice Services
needs to be appropriated to the Victim/Witness Assistance Program
line item in the 19.90-91 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
thirty-two thousand three hundred fifty-nine dollars ($32,359) to
be received from the Commonwealth. of Virginia, Department of
Criminal Justice Services be appropriated to line items.. 28-5130-
1001, Salaries ($21,000),.28-5130-1019, Fringe Benefits ($5,841),
28-5.130-7002, SEquipment $($30200)2 in lthe5 1990-91 vbudget18of 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 for this grant and
to do all the things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-0).
Supervisor Turner moved. the Board adopt the following
resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE THIRTY-THREE THOUSAND SEVEN
HUNDRED FIFTY DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF CHESAPEAKE BAY. LOCAL ASSISTANCE BOARD FOR THE .CHESAPEAKE BAY.
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PRESERVATION ACT PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has received a grant from the Commonwealth of
Virginia, Department of Chesapeake Bay Local Assistance Board for
the Chesapeake Bay Preservation Act Program; and,
WHEREAS, .the funds in the amount of thirty-three thousand
seven hundred fifty dollars ($33,750) to be received from the
Commonwealth of Virginia, Department of Chesapeake Bay Local
Assistance Board needs to be appropriated to the Chesapeake Bay
Preservation Act Program line item in the 1990-91 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
thirty-three thousand seven hundred fifty dollars ($33,750) to be
received .from the Commonwealth of Virginia, .Department- of
Chesapeake Bay Local Assistance Board be appropriated to line items.
28-5130-1001, Salaries ($25,000), 28-5130-3009, Contracted Services
($6,250), and 28-5130-7002, Equipment ($2,500) in the 1990-91
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 for this grant and
to do all the .things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-0).
County Administrator Standish advised that the Town of
Smithfield had appointed a committee to meet with the County to
review the final design of the Enhanced. 911 Emergency
Telecommunications system and recommended the Board appoint a
committee. to meet with the Town representatives and Contel's
professional .staff to review system alternatives and reach a
conclusion on a final contractual arrangement.
Chairman Bradby moved the Board appoint Supervisors Ross and
Turner to meet with the representatives of the Town of Smithfield
to review the final design of the Enhanced 911 Emergency
Telecommunications system. The motion passed by unanimous vote (5-
0) .
Supervisor Turner moved the Board adopt the .following
resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT .COUNTY TO
THE GOVERNOR AND GENERAL ASSEMBLY OF VIRGINIA RELATIVE. TO THE
SHORTFALL IN STATE REVENUES
WHEREAS, the Virginia Association of Counties has reported to
its members that the Secretary of Finance of the Commonwealth of
Virginia, Paul Timmreck, has stated that Commonwealth revenues may
be over $200 million short of estimates for the 1990-92 biennium;
and,
WHEREAS, Governor Wilder has stated that it may not be
possible to exempt most local aid from budget cuts needed to
correct this expected deficiency; and,
WHEREAS, this Board has repeatedly asked for authority from.
the legislature to raise revenues through means other than the real
property tax and that authority has never .been granted; and,
WHEREAS, any reduction in State aid without some compensating
ability for local governments to raise money will result in a
drastic reduction of necessary programs in the areas of education,
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social services,. and other important public services.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors
of Isle of Wight County again petitions the General As:aembly to
grant to localities the authority to obtain revenues through other
methods, including the return of a portion of lotterty x ri°and sthe
localities, a meals and an increased lodging r
continuation of the return of recordation taxes to localities.
BE IT FURTHER RESOLVED, that until such time as the State
secures additional revenues for allocation to localities, or
broadens .local revenue generating capabilities, the State is
requested to relieve the burden of mandated programs and services
from local governments if the State is unable to properly finance
them.
BE IT FURTHER RESOLVED, that. the Board of Supervisorsof f this
of Wight County, Virginia, hereby directs that a copy
resolution be forwarded to the Honora and Lthee Honorable s J i1Pau1
the Honorable Richard L. Holland,
Councill, Jr.
The motion to adopt said resolution passed by unanimous vote
(5-0).
County Administrator Standish advised that the ,Board had
ro ects
allocated .money in the budget .for beautification p J
throughout the County. County Administrator Standish continued
that Grace Keen suggested that the County work together with the.
Virginia Department of Transportation because most. of the plantings
would have to be on public right of ways. County Administrator
Standish requested the Board's permission to schedule a formal
meeting with the Virginia Department of Transportation to include
Mrs. Keen to develop a proposal on tree planting in cooperation
with the State and come back to the Board with a proposal.
Supervisor Turner moved the Board direct staff to get with the
Virginia Department of Transportatpon and interested ci aszs nds b
develop a County beautification lan. The motion p Y
unanimous vote (5-0).
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Chairman Bradby called for New Business.
There was no new business for discussion.
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Chairman Bradby called for Old Business.
Supervisor Turner stated he had heard concerns from the
citizens in his district about the entrance to Route 17 and the new
stores, specifically the adult book store, which has opened in that
vicinity. Supervisor Turner stated he wanted to know what
limitations the Board has as a County as far as control of these
types of businesses. and what can be done in the future.
County Attorney Crook stated if it involves obscenity, then
it is controlled by the criminal statutes of .the Commonwealth of 1I
Virginia. County Attorney Crook continued that if it involves
zoning and the Board would like to put some type of zoning control
on adult book stores, the Board would have to initiate an ordinance
in this respect. County Attorney Crook advised that it is a
permissible business use-.and the Board has no restrictions against
it at this time unless the County imposes restrictions through
zoning.
Supervisor Turner moved the Board direct the County Attorney
to prepare an amendment to the zoning ordinance to say that adult
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book stores would be a permitted use in business districts with a
Conditional Use Permit which would allow the Board to consider each
application individually and the conditions the Board would want
to impose on each. The motion passed by unanimous vote (5-0).
County Attorney Crook advised he would prepare an amendment
to the zoning ordinance and take it to the Planning Commission.
Supervisor Bradshaw stated he had talked to Mr. Byrum about
the business license tax and asked for County Attorney Crook's
suggestion.
County Attorney Crook advised the amount of the license tax
imposed by the Board is within the
State statutes which authorize the Board torimpose fsuch aYtaxe
County Attorney Crook continued that in the business license tax,
the Board has a rate that decreases when the
$1.5 million dollars. County Attorney Crookr explained that cthe
complaints recently received largely have been that the Board is
penalizing the small businessman, who is getting hit at a higher
rate than the large businessman. County Attorney Crook stated that
he would suggest that the Board make an uniform rate which would
not create a loss in revenue.
County Administrator Standish stated he had requested Donald
Robertson, Assistant to the County Administrator, to
.survey which illustrated that Isle of Wight County has thee lowest
rate. County Administrator Standish reported that in terms of the
rate for Hampton Roads, .the existing ordinance prepared by the
County Attorney was in the middle of the scale.
concurs, staff can look at other available alternatives the Board
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Chairman Bradby called for .Appointments
Supervisor Ross recommended William C. Johnston be recommended
Board represe tirnq theJSm~thfield District nt to the E
unanimous vote (5-0), The motionualization
passed by
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Chairman Bradby called for approval. of the July 5,.1990
minutes of the Board of Supervisors.
The County Attorney recommended a
Supervisor Edwards passed unanimousl PProval. The motion of
1990 minutes of the Board of Superv sots 0) to approve the July 5,
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County Attorney Crook requested an Executive Session under
Section 2.1-344 A7 of the Freedom of Information Act for
consultation with counsel and staff concernin
specifically Keusal versus Board of Supervisors andgramifications
of that litigation, specifically insurance.
Supervisor Turner moved the Board go .into Executive Session
for the reasons stated by the County Attorney. The motion passed
by unanimous vote. (5-0).
Upon the Board returning to open session, Supervisor Ross
moved the adoption of the following resolution:
ER I ICATION OF EXF~LrrrVF M ETTN
WIiEREAS, 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
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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 con$idered
by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT. DURING MEETING: 0
//
At 4:00 P.M., Supervisor Ross moved the Board recess until
7:00 P.M. when the Board would hear the public hearings on the
Special :Use Permit request and Conditional.Use Permit application
of the Southeastern Public Service Authority of Virginia and the
Isle of Wight County Public Recreational Facilities Authority., The
motion passed by unanimous vote (5-0).
//
Chairman Bradby called the meeting back to order at 7:00 P,M.
Supervisor Edwards moved the Board hear the following two
applications together. The-motion passed by unanimous vote
(5-0).
1. The Special Use Permit request. of Southeastern Public
Service Authority of Virginia and the Isle of Wight County Public
Recreational Facilities Authority to allow a Motor Sports Complex
and Waste-to-Energy/Recycling Center, on approximately 1,700 acres
of land located on the east side of Route 258, south of Route 644,
north of Route 606 and west of Route 637, in Newport Magisterial
District. (Route 605 crosses a portion of the proposed site.).
2. The Conditional Use Permit application of Southeastern
Public Service Authority of Virginia and the Isle of Wight County
Public Recreational Facilities Authority to operate a sanitary
landfill and ash/debris landfill, on approximately 1,700 acres of
land located on the east side of Route 258, south of Route 644,
north of Route 606 and west of Route 637, in Newport Magisterial
District. ..(Route 605 crosses a portion of the proposed site.).
Chairman Bradby called for citizens to speak in favor.
Jeremiah Cuffey, member of the Recreational Facilities
Authority, spoke in place of Alan Nogiec, Director of the
Recreational Facilities Authority, who was absent. Mr. Cuffey
stated the Tax Revision Act of 1986 made available up to
$20,000,000 in tax .free bonds for this type of project and if used
by the developer, would not have any impact on Isle of Wight
County. Mr. Cuffey, continued that the Recreational Facilities
Authority would like to see that an agreement is made with SPSA to
sell back the land to Isle of Wight .County. Mr. Cuffey stated the
public ownership of property will eliminate the payment of real
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estate taxes, ~ but the. County could enter into an agreement with the
operator that will offer opportunities for the project to return
revenues in excess of what the real estate tax would be and also
these would be personal property taxes, sales tax, and other
applied taxes. Mr. Cuffey continued that the Recreational
Facilities Authority is aware of the presence of wetlands and
believes that all three projects can be completed within the 1,700
acres of land without affecting the wetlands. Mr. Cuffey stated
both a Conditional Use Permit and Special Use Permit were secured
because should the project not be completed, the land would revert
back to its present use and that the Recreational Facilities
Authority understands that there are studies to be completed by the
Federal, State, and local governments. Mr. Cuffey stated the
speedway would be used approximately twenty-five days a year and
would include a drag strip which would accommodate national events,
tractor pulls, and communities services. Mr'. Cuffey commented that
the State police assured the Recreational Facilities Authority that
traffic could be handled and at no expense to Isle of Wight County..
Supervisor Edwards asked Mr. Cuffey if the Attorney for the.
Parks & Recreation had reviewed the proffers for enforceability;
who would pay to have Route 258 widened to a four-lane highway from
Windsor to Smithfield if the need occurred ahead of the highway
plan; and, if the Recreational Facilities Authority had paid the
filing fees for the Special Use Permit and the Conditional Use
Permit.
Mr. Cuffey stated he would have to check, but he could not
answer at this time.
Durwood Curling, Executive Director of the Southeastern Public
Service Authority, stated that the Public Service Authority
disposed of waste in an environmentally safe manner using the best
technology available and serves eight communities in the Hampton
Roads area. Mr. Curling continued that in the second half of the
nineties, there is going to be a solid waste disposal problem for
these communities and SPSA is searching alternatives to solve this
problem. Mr. Curling stated-that he had brought three speakers to
cover traffic impact, environment, and air quality.
Mr. Cashman, Langley & McDonald, stated at the request of
SPSA, two traffic impact studies were conducted to determine what
would be the likely impacts of traffic from the proposed waste-
to-energy facility and proposed racetrack. Mr. Cashman advised
that for the waste-to-energy facility, the impact would be about
a 20$ increase in traffic on Route 258 and recommended turn lanes
for going into Route 605 or improvements to Route 605 to a pavement
section which can handle. the traffic that the waste-to-energy can
.put on Route 605 and additional turn lanes at Route 258 and Route
460 to enable the signal to operate more efficiently. Mr. Cashman
continued that for the speedway, with a less than sell-out crowd,.
the existing roadway with improvements can handle the increased
traffic with traffic. control; however, with a sell-out situation,
Route 258 would need to be widened to four lanes.. Mr. Cashman
stated he recommended improvements to Route 606, Route 6.00 improved
to Route 460, and widen Route 258 to four lanes from Smithfield to
Windsor. Mr. Cashman stated .that the State police would need to
get together with the operator of the racetrack and plan for the
traffic.
Supervisor Edwards asked Mr. Cashman if he knew of a study
which could estimate the number of deaths due to increased traffic
or if he could draw a conclusion. on the number of deaths due to
increased. volume of traffic.
Mr. Cashman stated the probability of traffic fatalities from
the waste-to-energy plant would be so small that he did not know
if it could be computed and the racetrack project fatalities would
probably also be low due to slow moving traffic which would not be
going the fifty-five mile per hour speed limit.
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Mr. Campbell, HDR Engineering and consultant for the Public
Service Authority since 1976, stated his role was to work with SPSA
and make sure that the systems which are .provided for the waste are
the most efficient, cost effective, and environmentally sound. Mr.
Campbell stated .this facility would be environmentally sound and
meet and/or exceed all State, Federal, and local permits and
performance standards.
Supervisor Edwarda asked Mr. Campbell if he knew any companies
that would write insurance on plants like this or if a $1.5 million
dollar fund for potential environmental damage would be adequate.
Mr. Campbell stated he was not in a position to .comment on
insurance companies or put a value on damage to the environment
and, therefore, could not comment on the adequacy of the dollar
amounts.
Supervisor Edwards asked Mr. Campbell if $1.5 million dollars
was normal for this type of .plant and who would be liable for any
damages exceeding the $1.5 million dollars.
Mr. Campbell reiterated he was not in a position to know what
the normal amount for insurance policies is for plants like this,
but thought this amount was probably normal. Issues beyond
insurance coverage may be a matter for the courts.
Dr. David Cornwell, .President of Environmental Technology,
stated he was hired by SPSA to conduct a study to locate an
appropriate site-for location of a waste facility and to evaluate
the suitability of the site in Isle of Wight County. Dr. Cornwell
stated the process took p ace in conjunction with the Corps of
Engineers, the Environmental Protection Agency., Fisheries &
Wildlife, SPSA, and appropriate other technical engineers. Dr.
Cornwell continued this site will require a permit from the Corps
of Engineers because wetlands were present on over 70 acres of the
1,700 acres. Dr. Cornwell stated that the facility would need to
be built upward in order not to get into the groundwater table and
it was his conclusion that this site was a good site with respect
to the fact that it meets all fourteen criteria of the Division of
Solid Waste Management and that the key issues remaining are that
permits will have to be obtained on air quality and for wetlands.
Supervisor Edwards asked Mr. Curling if SPSA's Attorney had
reviewed the proffers.
Mr. Curling replied yes and with the exception of the. purchase
of the land, all proffers were enforceable.
Supervisor Edwards. asked Mr. Curling if there was any
discussion that these proffers deal with Special Use Permits and
Conditional Use Permits and not rezonings.
Mr. Curling stated that was not discussed.
Supervisor Edwards asked Mr. Curling if a certified check for
the Special Use Permit and Conditional Use Permit was submitted by
SPSA to the County.
Mr. Curling replied that SPSA had paid its required fees.
Supervisor Edwards asked Mr. Curling when the mitigation plan
for well damage in proffer G would be ready.
Mr. Curling stated it would be ready before SPSA began
operation.
Supervisor Edwards asked when there would be an agreement on
how much the trust fund should be and if he thought a $1.5 million
dollar trust fund would be adequate for Isle of Wight County.
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Mr. Curling stated the County could go with an insurance
policy or trust fund and stated he thought it would be adequate.
Supervisor Edwards asked Mr. Curling how his Board arrived at
this figure of $1.5 million dollars and if two or three wrongful
deaths burn up the $1.5 million dollar trust fund, where would the
plaintiffs look then.
Mr. Curling stated SPSA has insurance in this amount which
appears to be a reasonable amount and stated the Southeastern
Public Service Authority would be responsible for the facility.
Supervisor Edwards commented that as a member of SPSA, the tax
payers of Isle of Wight would be responsible for that damage.
Mr. Curling replied that was incorrect, that none of the local
governments would be responsible for any of the SPSA operation,
which is provided for in the Water and Sewers Act in the Articles
of Incorporation.
Supervisor Edwards asked Mr. Curling who would pay to bring
the sewage from the Dairy Queen in Windsor to the site.
Mr. Curling stated the Public Service Authority plans to
construct a sanitary force main from the intersection of 460 and
Route 258 to the site and there would be no problem with
incorporating into the force main enough capacity to serve the
motor sports complex.
Supervisor Edwards asked Mr. Curling if SPSA would agree to
not put any trash in the landfill and have the landfill be an ash
landfill.
Mr. Curling replied no.
Supervisor Edwards asked Mr. Curling if the Board approved the
landfill and SPSA was not allowed to expand the Suffolk landfill,.
where would the trash go.
Mr. Curling replied that a significant portion would be burned
in the waste-to-energy plant in Portsmouth, and a good portion
would be recycled. Mr. Curling further stated the sooner these
facilities could begin operating, the greater the life of the
Suffolk landfill would be.
Chairman Bradby called for citizens who wished to speak in
opposition.
David Joyner, Route 2, Box 289C, Windsor, Virginia stated he
was here tonight representing Isle of Wight County and had talked
to over 10,000 people in the County in the last six to eight months
and spent over $1,700 personally on advertising the meetings.. Mr.
Joyner continued that if the Board approved .the application they
would be affecting the lives of people and that SPSA is promising
that they will ensure the latest technology of scrubbers, but that
there will still be toxins admitted into the atmosphere. Mr.
Joyner stated that the waste-to-energy plant in Portsmouth has not
one time passed the Virginia Air Quality Control Board's standards
and that there is not such a thing as a safe non-leakable landfill.
Mr. Joyner stated that the Environmental Protection Agency stated
that the best possibility is one leak per acre, which equals to 300
leaks going into the groundwater. Mr. Joyner reminded the Board
that they; were elected to be .the voice of the County and asked them
if they were doing what the people really wanted.
Douglas Braun, Route 3, Box 176, Windsor, stated he had moved
to Isle of Wight to retire and was not informed by the previous
owner or agent of the possibility of a landfill. Mr. Braun
continued that he is strongly opposed to the application due to
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increased traffic, litter and crime.
Connie Carter of Windsor stated she is opposed to the
application and suggested to the .Board that should they decide to
grant the permits, that in the proffers the Board be .granted
complete authority to shut down the. operation of all units if they
fail to meet all of the standards set by State,. Federal, and local
organizations.
Dwight Doggett, Jr. appeared and stated his son accompanied
him to the meeting tonight to give the Board a visual picture of
why .the Board needs to deny the application. Mr. Doggett stated
it was' his son's generation to whom the Board .will be held
accountable. Mr. Doggett asked the Board not to take a stand
against the children in future generations by trading away the
natural resources.
Pat Clark of Rescue questioned the similarity between the
proposed trash burning currently being proposed and the trash
.burning facility that is cooperative between the Langley Research
Center in Hampton, Virginia..
Mr. Curling stated the technology being used in Hampton is the
same technology .which will be used in Isle of Wight with the
exception that the plants now, under Federal and State laws, have
to be built with better air quality controls..
Pat Clark stated one of the neighbors of the Langley Research
Center publicized in the Daily Press that the plant emitted
contaminates and pollutants.
Delores Darden spoke in opposition to the application stating
that according to the project description a double liner will
prevent the liner from leaching, but how can the Board be sure.
Ms. Darden continued how far will $1.5 million dollars go to
protect .and clean up the environment-after a leak. Ms. Darden
stated the taxpayers would have to pay for the Hampton Roads
Sanitation District line to come in and take. the leach out of the
landfill, pay for the widening of Route 258, and. pay for. extra
police needed for motor sports events and extra maintenance. Ms.
Darden continued the citizens of Isle of Wight County did not want
the landfill and urged .the Board to deny the application.
Fred Bailey of Windsor stated he had read that Isle of Wight
County generated only- 2~ of the trash generated in the Hampton
.Roads Sanitation District and thought that bringing in 100$ of the
-trash from other cities would not be consistent with the County's
.obligation. Mr. Bailey continued that a member of SPSA's Board and
the Hampton Roads Planning District Commission were sitting on the
Board tonight and questioned whether it would be a conflict of
interest for them to vote on these applications.
County Attorney Crook stated that the representatives from the
Board of Supervisors who. sit on regional bodies as representatives
of the Board of Supervisors have no conflict of interest in voting
on matters brought to the Board of Supervisors by these bodies.
Mr. Spivey of Windsor stated that the. Town Council of Windsor
has gone on record in an unanimous vote opposing the applications.
Mr. Spivey continued that he .would like the Board to consider the
danger and possible risks the application presents. Mr. Spivey
stated he had taken surveys from the citizens and that if the Board
truly represents the .people of Isle of Wight County, they would
deny the. application.
James Walters stated he was concerned about future generations
and asked the Board to deny the applications.
Frances Griffin, resident of Isle of Wight County, asked Mr.
Crook to clarify how much of the 1,700 acres. would consist of a
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landfill.
County Attorney Crook stated the application specified 300
acres of fill area and approximately 100 acres of borrow area for
cover.
Mr. Griffin commented that 90$ of the homes surrounding the
proposed landfill draw their water from shallow wells and asked the
Board to consider their welfare.
Supervisor Edwards questioned whether SPSA would also have to
get a borrow pit application approved for the land which would have
to be dug out.
County Attorney Crook stated that at this point he would say
no because the Board is approving this application which calls for
the borrow pit as well as the cover material and he dues not
believe SPSA will have to come back and seek a separate borrow pit
permit, although SPSA will have to comply with County regulations
for borrow pits.
Tim. Jones of Windsor spoke to the Board about the future
effect of any type of landfill on future development. Mr. Jones
urged the Board to look at land located :around other- landfills
which is no longer fit for clean industry.
Dwight Doggett expressed opposition to the application stating
that the people in the County have been stirred up enough and asked
the Board how the application came back. Mr. Doggett continued
that the previously proposed landfill was once voted down and the.
people of Isle of Wight still felt the same way about the now
proposed waste-to-energy plant.
County Attorney Crook stated the previous application was for
a landfill only and the Planning Commission expressed interest at
that time in a recycling plant and waste-to-energy plant indicating
they would reconsider if all those were involved, although they
would not consider recommending a landfill by itself.
Mark Utrokski of Norfolk stated Isle of Wight shares some of
the same important resources as Norfolk and the decision by the
Board tonight would equally affect his family and neighbors. Mr.
Utrokski continued that even if the plant operates at a 99$
efficiency level, this may not be good enough because dioxin is the
most toxic chemical substance known to human kind.
Chairman Bradby stated that when he was elected, he agreed to
be responsive to the concerns of Isle of Wight citizens. Chairman
Bradby continued that at this time, he would close the public
hearing and asked that the members of the Board of Supervisors
express their comments, if they so desired.
Supervisor Ross stated that Mr. Doggett asked why .this was
coming before the Board again and that the reason it came back was
because the last application the County was looking at was just a
landfill and this application has come back in a different form
with more than just a landfill. Mr. Ross continued that there is
a difference between a debris .landfill, an ash landfill and a
sanitary landfill. Mr. Ross stated that as far as recycling was
concerned, it was not because Mr. Curling and staff did not provide
for recycling in greater numbers, it was because the communities
did not see fit to support what Mr. Curling requested. Mr. Ross
closed his comments stating he thought the biggest difficulty was
the fact that Isle of Wight does not want trash brought in .from
other communities, but nevertheless, Isle of Wight is happy to take
.its trash over to Suffolk and dump it there.. Mr. Ross stated it
was not that the Board was not listening to the citizens, it was
that in some point in time, a decision will have to be made that
will be in the best long-range interest of the citizens of this
County.
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Supervisor Edwards stated that if the Board insists tonight
on approving the applications that there are some things that need
to be spelled out. .Supervisor Edwards stated that the Board should.
first see the mitigation plan and that he thought $100 million was
a reasonable starting point for environmental protection.
Supervisor Edwards continued that the Parks & Recreation's attorney
should first review the proffers for enforceability.
Supervisor Bradshaw moved the Board approve the Special Use
Permit request of Southeastern Public Service Authority of Virginia
and the Isle of Wight County Public Recreational Facilities
Authority to allow a Motor Sports Complex and Waste-to-
Energy/Recycling Center and the Conditional Use Permit .application
of Southeastern Public Service-Authority of Virginia and the Isle
of Wight County Public Recreational Facilities Authority to operate
a sanitary landfill and ash/debris .landfill as recommended by the
Planning Commission with the following added conditions: Add to
Condition ~5, "in addition, SPSA will bear the .cost of construction
of a sewage pipe from the intersection of Routes 460/258 to .the
site"; add to Condition ,~8:, "the .adequate water supply and storage
for the motor sports complex will be provided by SPSA when
requested by the County.. .SPSA shall not be obligated to construct
such a water system until after a contract between. the County and
SPSA has been executed"; add "Condition #10, All provisions herein
concerning a motor sports complex will apply equally to a horse
race track complex if such a horse race track. complex is
substituted for a motor sports .complex or added as a permitted
use.";-and delete that the Conditional Use Permit would expire
unless construction of the. speedway. is begun within five years of
the date of the issuance of the permit.
Supervisor Turner stated that all .the citizens of Isle of
Wight stood by-when Buck Hargrave operated the landfill in Isle of
Wight and that .he hoped the landfill protection would be
sufficient. Supervisor Turner continued that the County cannot
expect someone else to take Isle of Wight's trash and that if the
County decides not to participate with SPSA, then the County needs
to put its own landfill in and that he had traveled throughout the
State to see what is being done in other areas and he would try to
make sure that all the people are protected as much as possible.
Supervisor Edwards asked Supervisor Bradshaw if he would be
willing to further amend his motion to include a $100 million trust
fund .
Supervisor .Bradshaw stated that he .did not feel that the Board
could tell SPSA what kind of insurance-SPSA would: have to put on
it.
Supervisor Edwards asked County Attorney Crook if the Board
could impose this condition on the trust fund.
County Attorney Crook advised the Board could if the Board
could justify this amount as a necessary amount.
Mr. Curling stated he would have to take the amount back to
the SPSA Board and that the difficulty associated with it is that
this is the amount the SPSA Board has .established with the City of
Suffolk and he could not anticipate that the SPSA Board would
provide a greater amount to another community.
The motion passed (3-2) with Supervisors Ross, Turner and
Bradshaw voting for the motion and Chairman Bradby and Supervisor
Edwards voting in opposition to the motion.
//
At 9:25 P.M., Supervisor Ross moved the. Board adjourn. The
motion passed unanimously (5-0).
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