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09-20-1990 Regular MeetingBOOK ~4 rar:'f1~1t? REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY PRESENT; Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman. Steve W. Edwards Thomas L. Ross Richard L. Turner Also attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator William L. McKay, Jr., County Planner Carey H. Mills, Assistant Clerk The Chairman called the meeting to order at 7:03 P.M. .The invocation was delivered by Supervisor Edwards. // Chairman Bradby called for a public hearing on the following request: The request of the Smithfield High School P.T.A. and Band Boosters to hold the "Carson and Barnes Circus" at Smithfield High School, located on Route 644, Newport Magisterial District, on Thursday, September 27, 1990. Chairman Bradby called for citizens to speak in favor. Gene Lowery, P.T.A. President of Smithfield High School, appeared stating-the Band Boosters and the P.T.A. would like to bring the Carson & Barnes Circus to the Smithfield High School as a fund raiser to help pay for the band's new uniforms. Chairman Bradby called for persons to speak in opposition. No one appeared.. Chairman Bradby called for comments by Board members. Supervisor Turner moved the Board approve the request of the Smithfield High School P.T.A. and Bank Boosters to hold the Carson & Barnes Circus at Smithfield High School. The motion passed by unanimous vote (5-O). Chairman Bradby called for a public hearing on the following: Concurrent public hearing of the Board of Supervisors and the Street Naming Committee of the Planning Commission relative to the naming of private roads in the County for the 911 Emergency Telecommunications System. William L. McKay, Jr. appeared representing the Department of Community Development. Mr. McKay stated that the Board has, as part of Isle of Wight County's proposed enhanced 911 Emergency System, delineated various private roadways within. the County which are required to be assigned street names: Mr. McKay continued there are approximately 200 such roads in the County and each roadway serves a minimum of two residences. Chairman Bradby called for comments from citizens. William Robert Thomas of Carrollton requested the Board's consideration of naming his private lane "Thomas Lane" in memory of his father. 1 ~~~Y 14 ., ,r~E~7 Evelyn Chandler, member of the street naming committee of the Planning Commission, stated that the Planning Commission preferred not to use personal names in .naming private lanes. County Attorney Crook added that one problem in naming private lanes-with personal names was that there were many people in the County with the same names and many would. want their lanes named after them which would result in conflicts of different demands for the same names.. County Attorney Crook .added that this public hearing was for public input only and no action by the Board was necessary. Chairman Bradby called for a public hearing on the following: Resolution of the Board of Supervisors of Isle of Wight County to adopt a Comprehensive Plan. ' William L. McKay stated the Planning Commission and Planning Advisory Committee began working with the consulting firm of Redman Johnson Associates in April of 1989 to develop a Comprehensive Plan for the County and had held numerous work sessions,. two public information meetings and three public hearings to inform the public and listen to citizens' comments. Tony Redman, Redman Johnson Associates, stated the County saw .little population growth of about 4,000 people from 1960 to 1980 with a more- substantial jump in growth from 1980 to 198.8. Mr. Redman continued that the kind of development which occurred in that period appeared to reflect an increase in single family housing, mobile homes, and multi-family apartment/townhouses in the north east end of the County. Mr. Redman stated the purpose of the Comprehensive Plan is to decide what kind of population growth may occur in the County and what kinds of needs will result from that growth and that he thought it important to establish what the target population may be in order that the County will be prepared with respect to the delivery of services. Mr. Redman continued that the projections in the Comprehensive Plan are substantially. greater than were used by the Southeastern Regional Planning District Commission, who agrees that their projections are low and may consider Redman Johnson Associates' projections high. Mr. Redman stated it was his opinion that a community is better prepared to expect more than may occur so they are not overwhelmed, surprised, or grossly under budgeted with respect to capital improvements. Mr. Redman stated that based upon census statistics, there are 2.8 persons per household in Isle of Wight County and that when you convert the population projections, the County will find itself planning for household increases somewhere around 7,500 households in the next twenty years. Mr. .Redman stated rural character was a major theme in the Comprehensive Plan which will try to guide future development into an efficient and serviceable form. Mr. Redman stated he had presented a brief overview of the Comprehensive plan and urged .the Board to review the entire .contents. of the Comprehensive Plan. Supervisor Edwards questioned why would the County create a residential village at the Courthouse. Mr. Redman stated the Courthouse was centrally located although the intent of the Comprehensive Plan .was not intense development.. Supervisor Edwards stated that the census statistics .were lower. than Redman Johnson Associates. Mr. Redman stated his projection of 30,000 people in Isle of Wight County may be high, although he also believes the census statistics .may also be too low. Supervisor Edwards asked why the County would want to postpone. bringing an HRSD line into Carrsville and Camptown if the report 2 ~noK 14 ;~~:~6f~~ the County had received Prom the Southeastern Planning .District Commission on sewage alternatives that the Carrsville line created the greatest proportion of commercial development was correct. Mr. Redman stated he did not know if the statement about commercial and industrial development is where the opportunity is greatest, but that he doubted that there is as much pressure for commercial development in that area. Supervisor Turner stated that if there is growth, the County should plan and direct it so that it can be balanced change which will enable residential, commercial and industrial growth. Chairman Bradby asked for citizens to speak on the Comprehensive Plan. Reverend Williams stated that the plan was only a guide, but that there are governmental. bodies in the County who are already. making decisions based on this guide. Carlton Butler from Carrsville stated the five acre provision bothered him as a landowner and taxpayer in the County and that he did not think it was in the best interest of the landowners in Isle of Wight County. Mr. Butler urged the Board to fully address the plan before voting on it in its entirely. Supervisor Ross moved the Board table 'the matter to a work session with the Planning Commission at 7:00 P.M. on October 4, 1990, following the regular Board meeting. The motion passed by unanimous vote (5-0). ~/ Chairman Bradby called for Citizens Comments. Hanibal Herring stated that he was the Coordinator for Rushmere Estates and that in 1986, it was a dream of several individuals to relocate to Virginia, which resulted in forty two acres of land being purchased to develop a plan for the subdivision tract of land. Mr. Herring stated this land will be occupied by retired people and that the only thing standing in the way of implementing their plan is that they need to be able to register the plat. Mr. Herring continued that in order to do this, the County requires a bond to be put up covering the cost of the projected access road, plus 10$, which comes to approximately $250,000 and that as yet, they have been unable to secure someone to put up the bond. Mr. Herring stated he had been in negotiations with several banks, one of which is located in North Carolina, who has indicated a interest, and asked him to inquire whether or not an out of state bond would be acceptable to the County. Mr. Herring also questioned whether the County would accept a bond provided by the contractor if they were to obtain a bond in favor of the County. County Attorney Crook stated that a bond is for the County to use to build if the people do not build the road and without the bond, the County would have to .use taxpayers money to build a road. County Attorney Crook continued that if the bonding company is located out of state, the County has to go where the bonding company is to sue them and for someone to sign the.. bond, then the County has to sue that individual who signed the bond, who may be dead at that time or bankrupt. County Attorney Crook stated the ordinance was very specific and that it has to be a cash bond or a Letter of Credit and that the County should not make exceptions for bonds. Mr. Herring stated that the $250,000 can be placed in escrow, paid to the Contractor on a progressive basis when the Virginia Department of Transportation certifies that a certain amount of work has been completed equal in value to a dollar amount, which 3 r ,; s~rK 14 .~..~ f `~~ would be disbursed to the contractor. County Attorney Crook asked Mr. Herring if he would be willing to deposit the money with the County and-the County hold the money in escrow and pay the contractor upon completion. Mr. Herring stated he would be glad to do this. County Attorney Crook stated it would be possible to do this with the money being deposited with the County. Supervisor .Turner stated that there appears to be some alternatives and suggested to Mr. Herring that he meet with the County Attorney to see what can be accomplished. Bruce Jones stated he was trying to get electricity to his home and that .Virginia Power. would run the power to the house under ground for an amount of $3, 000 for 500. feet.. Mr. Jones stated .that Virginia Power asked Mr. Jones to come before the Board to see if he could .get approval to put a pole in the yard and run the cable underground the rest of the way to the house. County Attorney Crook stated Mr. Jones'. only alternative was to go before the Board of Zoning Appeals, although in the past they had turned such requests down. Supervisor Turner stated hs may have a chance due to the. fact that modifications may be made by the Board to the zoning and subdivision ordinances concerning underground utilities. County Attorney Crook stated that the zoning and subdivision. ordinances would have to be changed to provide any relief which is what the Planning Commission is now working on, and presumably will have something at their next meeting. At 9:10 P.M., Supervisor .Ross moved the Board take a ten minutes recess. The motion passed by unanimous vote (5-0). At 9:30 P.M., upon returning to open session, Chairman Bradby called for the following application in the Community Development report: The application of William. P. Hayes to allow a mobile home for twenty-four (24) months while .building a residence, on property located on the. south side of Route 624, between Route 10 and the Surry County line, in Hardy Magisterial District. Supervisor Turner moved the Board approve the application of William P. Hayes. The motion carried by unanimous vote (5-0). William L. McKay presented for the Board's consideration a recommended user fee schedule developed in response to the development. fee study prepared by David M. Griffith & Associates which proposed to recover full costs of specific services rendered by Community Development which. was, tabled by the Board of Supervisors at their meeting on September 6, 1990. County Administrator Standish stated. that. the State Code allows. the Board to levy fees to cover costs incurred for certain services and the Board authorized a study be prepared illustrating. what the various fees should be to recover costs. County Administrator Standish stated that the fees had been reviewed by W. Douglas. Casket', Assistant County Administrator/Community Development and the consultant which would recover most, but not all, of the costs and asked the Board if they wanted to prepare an amendment to the zoning and subdivision. ordinances to implement the increased fees. Supervisor Turner moved that the fee schedule be sent to the Planning- Commission for their review and comment. - The motion 4 i i ijj i B'1~K 14 ~ar~~~~ carried by unanimous vote (5-O). // Chairman Bradby called for the County Attorney's report. Supervisor Bradshaw asked County Crook about the business license tax. County Attorney Crook stated the Board had previously discussed the possibility of making the business license tax uniform and that he had requested the Commissioner of Revenue what it would cost the County if the County went to a uniform business license tax rate of 10$. Gerald Gwaltney, Commissioner of Revenue, had indicated by letter to County Attorney Crook it would be a total revenue loss of $40,288.67. Supervisor Bradshaw moved the Board authorize the County Attorney to prepare an amendment to the ordinance for a more uniform business license tax. County Attorney Crook stated he would request an Executive Session later in the meeting. f/ Chairman Bradby called for the County Administrator's report. County Administrator Standish reported that he had asked Linda Bean, Director of Social Services, to come to the Board meeting tonight because at the last meeting, the Board had tabled the Social Services request for consideration of $39,689 to continue the companion program. Linda Bean appeared and stated she was available for questions from the Board. Supervisor Ross asked Mrs. Bean had she given any thought to rearranging the Social .Services priorities. Mrs. Bean stated the only other alternative is to not fill the position of child protective services worker and that her Board. had discussed it and it is their hope that .they will be able to do both, fill the vacancy for the worker and continue the companion program for the year. Mrs. Bean continued that she had received information from the State indicating that Social Services would be losing $23,201 due to State shortfalls. County Administrator Standish reported that Social Services will have to spend $18,562 less for the VSRS retirement program of which 20$ is local money and 80$ is federal money, allowing additional money for the Social Services Department. Mrs. Bean stated that Social Services was still. looking at shortfalls in services .administration and employment services administration, which in their budget may equal more than the $15,000 contingency funds. Supervisor Edwards stated that he felt the Board should appropriate $39,689 to the Social Services Department-and next year look at the real funding needs of the program. Supervisor Turner stated that when Social Services requested $39,689 they did not know they would be getting $18,562 back from VSRS. Mrs. Bean stated she only had discretion over .$3,600 of the $18,562. Supervisor Turner asked if an additional $30,000 in local 5 ,., e ~~l r; ~ i ~~~r.r~~~~~ funds, coupled with other funds already in their budget, would provide enough for the companion service program. Mrs. Bean replied that it probably would. Supervisor Turner then moved that $30,000 be allocated to Social Services for the Companion Program and transferred from the contingency fund. The motion carried by unanimous vote (5-0). Donald Robertson, Assistant to the County Administrator, stated he wanted to solicit the Board comments and suggestions for possible legislative issues to be taken to the next session of the General Assembly and presented a summary of the potential legislative priorities for the legislative portfolio for the 1991 session. Gerald Gwaltney, Commissioner of Revenue, appeared requesting support for his position on Senate Bill 248 and Senate Bill 326 gnd Dealer License Plates. Supervisor Turner moved to approve the following preliminary list of priorities and add opposition to Senate Bi11 248 and Senate Bill 326; and review and revision of 46.2-1550, pertaining to Dealer License Plates as requested by the Commissioner of Revenue:. (1) Allow members of local Boards of Supervisors to simultaneously serve on Regional Jail Boards. (2) Give back to localities 10$ of the gross Lottery -Fund revenues generated from sales within each respective locality. The General Assembly action should also specify that such funds received by localities be used at their own discretion to provide for local services and requirements. (3) Provide for the periodic reimbursement of costs on new jail .construction during the project, rather than reimbursements at the conclusion of the project. (4) Provide Isle of Wight County with the same. power and flexibility as provided to cities relative to taxation. (5) Require toll-free calling within Isle of Wight County, and with the Hampton Roads Metropolitan Area. (6) Allow localities to adopt regulations governing handgun sales, to include a waiting period at the time of acquisition. (7) Amend Section 15.1-466 (j) of the Virginia State Code to require developers to provide their pro-rata share of all costs of providing offsite highway improvements, school improvements, recreational facilities, libraries, public safety services and all other costs that a locality may incur due to the new development. (8) Encourage the United States Postal Service to consider the institution of a "local government postal rate." (9) Encourage. the General Assembly to adopt legislation .revising Section 46.2-1550 of the Code of Virginia to help avoid possible abuse of dealer's license plates. (10) Oppose Senate Bill 248 because of its potential negative economic impact on local governments. (11) Oppose Senate Bill 326 because it would remove income tax .collection services from the local level and centralize same in Richmond.. The motion to prepare a final list of legislative priorities to be sent to the General Assembly passed (4-0) with Supervisor 6 Edwards abstaining. County Administrator Standish stated that with the retirement of Herb Jones, former Extension Agent, the State froze the position of Extension Agent reducing the County's Extension office by one position. County Administrator Standish stated the new Unit Director has requested the Board consider using the local share of $9,000 and making it available to the Extension Service to hire a part-time Technician position to operate the 4-H program for the year. Supervisor Turner moved the Board approve the request of the. Unit Director to reallocate the local share of the Extension Agent's position of $9,000 and send a letter of protest relative to the frozen position. The motion carried by unanimous vote (5- O) . • County Administrator. Standish asked for the Board's consideration of a proposed agreement for the engineering services for the development of a closure plan for the existing County landfill. Supervisor Turner moved the Board authorize Chairman Bradby to sign the agreement for engineering services for the development of a closure plan for the existing County landfill. The motion carried by unanimous vote (5-O). County Administrator Standish stated the County's representatives to the County's Chamber of Commerce are listed as the Chairman, Vice Chairman, County Administrator, Assistant County Administrator and Executive Director of the Recreational Facilities. Authority and asked for the Board's consideration of deleting the Assistant County Administrator and including the Director of Economic Development. ' The Board unanimously adopted the motion of Supervisor Turner for the deletion of the Assistant County Administrator .and insertion of the Director of Economic Development as representatives to the Chamber of Commerce from the County. County Administrator Standish stated at a previous Board meeting, the Board authorized Master Street. Address Guide (MSAG) to look at-the house count and continued that MSAG has indicated that the census count was approximately correct. County Administrator Standish requested the Board authorize him to send a letter to the Census Bureau stating the County does not protest at this point in time the house count; ..however, the County wants to reserve judgement on census data in its complete form when the County receives it and to also send them building permits information. County Administrator reported that the not to exceed $2,400 amount the Board previously approved to pay MSAG for their services was not utilized. Supervisor Edwards moved the Board authorize the County Administrator to send a letter to the Census Bureau stating the County does not contest -the house count at this point in time; however, the County will reserve judgement on the complete census data until the County gets it, and to send information regarding building permits. The motion carried by unanimous vote (5-0). County Administrator Standish stated that in a previous budget year, the Board was approached by the Smithfield Fire Department relative to installation of hydrants along the watermain between the Town of Smithfield and the new housing project on Route 704. County Administrator Standish continued that during the review process, .the .fire hydrants were overlooked by the reviewing agencies and the Board asked to have fire hydrants which the developer did with the understanding that the County. would reimburse the direct cost of $6,000 for Isle of Wight County and $1,500 for the Town of Smithfield. 7 r f•, F II~R 11 ~{i ~~~ ~~~~ Supervisor Turner moved that the Board approve $6, 000 and that it be requested to be paid from the Public Service Authority fund. The motion carried by unanimous vote (5-0). County Administrator Standish stated the Board of Supervisors has received a letter from the Auditor of Public Accounts asking _ the County to submit the audit on time.. County Administrator Standish reported that the Treasurer is having difficulty in getting his records complete and County Administrator Standish recommended that the Board have the auditor complete the Treasurer's work at a cost of $7,000 and to be taken from the Treasurer's budget. Supervisor Turner suggested that the Treasurer report to the Board at the next meeting and present. his position on what direction should be taken regarding getting the audit completed on time. // Chairman Bradby called for Appointments. Supervisor Edwards nominated Tommy Robinson for reappointment to the Parks.. & Recreational Facilities Authority. The motion carried by unanimous vote (5-0). Supervisor- Edwards nominated himself to-the Social Services Board. The motion carried (4-i) with Supervisor Turner voting in opposition. // Chairman Bradby called for approval of the August 16, 1990 minutes of the Board of Supervisors. Upon recommendation of County Attorney Crook and motion of Supervisor Ross, the vote was unanimous (5-0) to approve the August 16, 1990 minutes of the Board of Supervisors. // Supervisor Edwards left the meeting at 10:44 P.M. and did not return. At 10:45 P.M., County Attorney Crook requested an Executive Session pursuant to Section 2.1-344 A7 concerning pending. litigation, specifically- the Board of Supervisors versus the Carrithers suit. Supervisor Ross moved the Board go into Executive Session for the reason stated by the County Attorney. The vote in favor was (4-O). Supervisor Edwards was not present for the vote. At 10:58 P.M., upon returning to open session, Supervisor Turner moved that the following resolution be adopted: 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) 8