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