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01-03-1991 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY. BOARD OF SUPERVISORS HELD THE THIRD DAY OF JANUARY IN~THE YEAR NINETEEN HUNDRED NINETY ONE 1 PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to-order at 2:00 P.M. The invocation was delivered by Supervisor Edwards. // Chairman Bradby. turned the meeting over to County Administrator Standish who called for nominations for Chairman. Supervisor Bradshaw nominated Henry H. Bradby for Chairman. Henry H. Bradby was elected as Chairman of the Board of Supervisors for the .year 1991 by unanimous vote (5-0) of the Board. County Administrator Standish called for nominations for Vice Chairman of the- Board of Supervisors. Chairman Bradby nominated Supervisor Bradshaw. Supervisor Bradshaw was elected as Vice Chairman of the Board. of Supervisors for the year 1991 by unanimous vote. (5-O) of the Board. // i~ Chairman Bradby called for Transportation Matters. MacFarland Neblett., Resident Engineer, Virginia Department of Transportation, stated he had no formal presentation; however, the results of the advertisement for bids on the Route 665 project would be forthcoming soon and would be underway this spring. Chairman Bradby called for comments by the Board. Supervisor Edwards asked Mr. Neblett to look into repairing a hole in Burdett Edwards' driveway which connects with Route 258. .Supervisor Ross asked Mr. Neblett about the progress on the left turn lane at Route 10 and Route 258.. ~, Mr. Neblett replied the traffic and safety personnel were looking into it with regards to the possibility of safety funding although he had not heard back from .them yet. Supervisor Turner reminded Mr. Neblett there had been a request from the Board of Supervisors about a turn lane. at the stop light coming from Windsor at the bypass at Smithfield and asked him to keep this request in mind. // II Chairman Bradby called for Citizens Comments. Grace Keen stated she was a concerned about trash on the .James. River bridge and broken down cars which .had been left there and requested the Board to erect a sign stating cars left over twenty four hours would be towed. Mrs. Keen continued that some of the lights on the bridge were also non working properly. Mr. Neblett reported that broken down cars were normally the 1 Uo~K 14 ;h,,~~~p responsibility of the State Police, but that he .would get with the people on the bridge to replace the lights.- /f Chairman Bradby called for the presentation by Virginia Beach on .the Lake Gaston pipeline. .Clarence Warnstaff, Dizector of Utilities for Virginia Beach, stated he was asked to give an update on the Lake Gaston pipeline project with regards to an alternative terminus point for the pipeline. Mr. Warnstaff continued that the Corps of Engineers permit for the project provides for two pumping stations in 85 miles of pipeline beginning in Brunswick County and terminating in Suffolk and that Virginia Beach is considering an alternative terminus location for the pipeline. which •is located in Isle of Wight County and which is adjacent to the existing raw water transmission lines owned and operated by the City of Norfolk. Mr. Warnstaff .stated that if a decision was reached by the City of Virginia Beach to terminate the pipeline project in Isle. of Wight, County, it would not be necessary for Virginia Beach to build a booster .pump. station or the remaining portions of the .pipeline extending into the City of Suffolk. Mr. Warnstaff further stated the following issues must be settled prior to a final determination being made regarding the alternative location for terminating the pipeline: (1) the completion of discussions with.. the City of Norfolk regarding receiving the Lake Gaston water, conveying the water through their system and treating the water .for Virginia Beach, (2) the issue between. the City of Virginia Beach and the City of Chesapeake regarding their participation in the Lake Gaston- project,.(3) an amendment must be filed to .their .permit if the pipeline is terminated in Isle of Wight County and (4) continuing discussions must be made with Isle of Wight County regarding the terminus location. Supervisor Edwards asked. if there would be other permits required if Virginia Beach decided to terminate the pipeline.in Isle of Wight. County. Thomas Lahey stated the Board would have to modify their local consent and a Conditional Use Permit would have to be obtained. Chairman Bradby called for comments by citizens. Ms. Beale of Route 460 stated she was concerned about flooding on her property. William C. Briggs, Jr. ,. stated his farm was on the easement and they were not being compensated .for it. Alan Nogiec, Route 600 in Windsor, stated the impacts were on the roads and requested that Virginia Beach have their engineers consider what impacts were made from Route 60,0 to where it goes into Lake Prince. Robert Mathews, Route 600 in Windsor, stated .there was no indication that the City of Norfolk has any rights to the swamp although 145 feet of his land is being flooded because he .owns to the center of the swamp. Larry Post, Route 636, stated he was concerned what this would do with respect to the Norfolk coal storage application. Mr. Post continued this stream was open water and fed from the other side of the railroad track. Mr. Lahey stated that Gaston water in general is better in all aspects of water quality than water pumped from the Blackwater and Nottoway Rivers and that he did not believe there would be any significant impact from the coal storage facility. 1 1 1 2 ,. ..y (; err, .4 ~;;.` f .~~ County Administrator Standish recommended that at such time as Virginia Beach reaches a conclusion on the design, that the briefing process continue-with the Board of Supervisors prior to any permit process. // Chairman Bradby called for a public hearing on the following ordinance: AN ORDINANCE TO ALLOW HUNTING WITH MUZZLE-LOADING RIFLES Chairman Bradby called for citizens to speak in favor. County Administrator .Standish. stated. that the Board 'had received a telegram from Robert Pugh in favor of the ordinance. Chairman Bradby called for citizens to speak in opposition. Robert Taylor, III appeared and asked what was the purpose of the ordinance. Supervisor Edwards. replied that last year the State Game Commission authorized a special muzzle loading season and. permit and the State Game Commission has been encouraging Tidewater localities to allow for muzzle loading seasons. to allow citizens to take advantage of the seasons and the permits. Supervisor Edwards continued this would not apply to this year.. Chairman Bradby stated~he was concerned about the safety of hunting with muzzle loading rifles. Supervisor Edwards stated that safety had not been a problem in the counties who had adopted the muzzle loading ;ordinance. Supervisor Edwards moved the Board .adopt the following ordinance: it AN ORDINANCE TO ALLOW HUNTING WITH MUZZLE-LOADING RIFLES WHEREAS, the General Assembly of Virginia by an Act embodied in Section 29.1-528 of the Code of Virginia of 1950, as amended, has authorized .the governing body of any county to adopt an ordinance to permit the use of muzzle-loading rifles during the prescribed open seasons for the hunting of game species. NOW, THEREFORE, BE IT ANA IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that hunting in the County of Isle of Wight, Virginias. with muzzle-loading rifles of a caliber not less than .44 is permitted during the prescribed open seasons :for the hunting of game species. The type of ammunition for the muzzle-loading rifle for the hunting of big game as defined in the regulations of the Game Commission shall contain • at least seventy-five (75) grains of black power or "pyrodex". The Clerk of this Board is ordered to notify the Director of the Department of Game and Inland Fisheries of the Commonwealth of Virginia by registered mail of the adoption of this ordinance which is to take. effect as .soon thereafter as allowed by law. Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor. The motion passed (4-1) with all members voting in favor except Chairman Bradby who voted in opposition to the motion. Chairman Turner called. for a public hearing on the following application: 3 eo~~x 14 ~~,:.7'~~? The application of Edna S. Turner and Richard L. Turner for re-newal of a Conditional Use Permit to expand from 15 acres to 20 acres and extend for an additional five years .the operation of an existing borrow pit, located on the east side of Route SO, between Route 600 and Route 604, in Newport Magisterial District. Chairman Bradby called for persons to speak in favor. Caroline Burke, Vice President of Isle of Wight Materials,. appeared representing the applicants. Chairman Bradby called for citizens to speak in oppositions Robert P. Taylor, III stated he was. 'the closest resident to the area and that the permit was originally issued on the assumption that it was. to be used for agricultural lime and for irrigation. Mr. Taylor stated he had not seen it used for any agricultural purposes and that there had been no reclaiming in the area. Grace Keen stated that although. she was not speaking directly in opposition to the application, she would like to see a map made available to the citizens showing what is taking place with all the borrow pits throughout the Newport District. Mrs.. Keen stated there are many pits in the Newport District with soil being removed. Supervisor Edwards asked if the renewal application was filed while the original permit was in effect. County Attorney Crook replied it had to go through-the Planning Commission and then to the Board of Supervisors and that the County required the same procedure for a renewal as an application. Mr. Crook continued the application was originally for twenty acres and when it was approved, it was agreed by the .applicant to a reduction and reduced to fifteen acres.- Robert P. Taylor, Jr. stated at one time a fence was in place on the Smithfield side of the property although Mr. Turner had the timber cut. and the. fence was destroyed. Richard Turner stated that Mr. Taylor was the adjoining property owner and the timber of both properties was cut simultaneously. Richard Turner continued that the bond .was still in place as far as the. reclamation.. Chairman Bradby stated he had concerns with borrow pits, but that this was an existing pit. County Attorney Crook stated that upon reviewing. the application file that the five years ran from the date the application was approved which was October 29, 1985 and the application for renewal was dated November 7, 1990 which shows that the original permit had expired. County Attorney Crook stated that the Board would have to consider the application as a new Conditional Use Permit application and nov as an extension of the prior permit as the application was filed too late for an extension renewal. Therefore, a new application should be filed to proceed through the Planning Commission. ~ Supervisor Ross moved the .Board concur with the County Attorneys recommendation and that the application go back through the Planning Commission and the Board of Supervisors as a new application. The motion passed (4-O) with. Supervisor Turner abstaining. 1 1 1 Chairman Bradby called .for a public hearing on the following. application: 4 r+t;_K ~-~ ~~ - ~ ,~ '~? 1 The application of Jones Creek Landing Partnership for a change in zoning classification from A-1, Agricultural Limited to C-B-1, Conditional ..Business General, approximately five (5) acres of land and to C-RMH-TP, Conditional Mobile Home Trailer Park District, approximately thirty-seven (37) acres of land, a total of approximately forty-two (42) acres of land located on the west side of Route 665, between Route 704 and Route 668, in Newport Magisterial District. The purpose of the application is for business uses and expansion of Jones Creek Landinq Mobile Home Park, as conditioned by the applicant. Chairman Bradby called for citizens to speak in favor. William H. Riddiek, III appeared representing the applicant stating that on the original application certain conditions were proffered which are still in effect except for the request for an .additional .proffer that the entire zoning application would be contingent upon the availability of central sewer service to the property.. Chairman Bradby called for citizens to speak in opposition. 1 1 Pat Clark of Carrollton stated he thought this. was an example of high density development and it would place a high demand on the school system within the Newport District, traffic concerns on Routes 668 and 665, as well as an .impact on the water supply as a result of heavy development. William.Hayes appeared in opposition to the application stating this type .of affordable housing may cause a problem with crime and that there were other housing projects with a better interest for Isle of Wight County. Clifford Hayes stated he did not want any additianal mobile ~, t homes in the park. James Holtolf stated he did notbelieve these trailers would provide enough tax base to justify the cost to the County. Mr. Holtolf continued that he had not been notified. of the public hearing and he thought he was suppose to be notified as an adjacent. property owner. Timothy Saunders stated he did not believe the trailers would ~~ generate .enough revenue to bring trash, schools, and fire services. into the park. k Supervisor Ross stated he would have to oppose an expansion of this number of mobile home lots. Supervisor Turner moved the Board concur with the recommendation of the Planning Commission and deny the application. The motion passed by unanimous vote (5-0).. Chairman Bradby called for a public hearing on the following application: The application of Isle of Wight County for a change in zoning classification from A-1, Agricultural Limited to C-B-1, Conditional Business General, approximately sixteen (16) acres of land, more or less, located on the east side of .Route 258 and. south side of Route. 692, between Route 258 and Route 652, .in Newport Magisterial - District. The purpose of the application is to provide for County Department of Public Works operations and maintenance of facility, including space for storage of vehicles, equipment and materials, and office space, as .well as the continued use of the site for. the County. 5 Animal Control. Shelter, Animal Control offices, and the existing radio tower site. Donald Robertson, Assistant to the County Administrator, appeared to present the site plan previously presented to the Board of Supervisors which had been taken to the Planning Commission with the proffered conditions authorized by the Board of Supervisors. Mr. Robertson continued the Planning Commission had approved the site plan with recommended modifications which included an increased buffer zone along. Route 692 to Route 258 and include a buffer zone along the Ruritan Club .property line. Mr. Robertson informed the Board that the Planning Commission had also requested the office space be expanded to include public school office space to assist the County schools should they require additional office space. Chairman Bradby called for comments by Board members. Supervisor Edwards stated he did not believe that capital. projects should be one of the County's top priorities considering the funding cutbacks-from the State. Supervisor Turner stated storage and maintenance of equipment is important and it may cost the County more if the County does not look after its equipment. Supervisor Ross moved the Board approve the application with amendments as recommended by the Planning Commission. The motion passed (4-1j with. all members voting in favor except Supervisor Edwards who voted against the motion. // Chairman Bradby called for Citizens Comments. Larry Post of Windsor presented background material--from the National Fire Prevention Association pertaining to the coal storage. facility and urged the Board to review the material before the ' January 10, 1991 public hearing. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development read correspondence received from Norfolk Southern for the purpose of amending certain proffers to the application which will be considered by the Board on January 10, 1991. Mr. Caskey stated this was far information. only and no action from the Board was necessary at .this time. // Chairman Bradby called for the. County Administrator's report. County Administrator Standish asked for the Board's consideration of the low bid for a pre-engineered metal building to be located on the .County-owned Poor House Farm site. County .Administrator Standish stated at this time the County did not have a location to maintain its equipment and store. its vehicles. Supervisor Edwards asked if the County used the school garage at all. County Administrator Standish replied that. successful working agreements have not been worked out and the Caunty's larger vehicles did not fit into the work bays. 1 rl Supervisor Edwards stated he thought the Board should wait until the General Assembly session was over before the Board acted 6 ~o~~n ~_4 .~~ i `~. on additional capital projects. Chairman Bradby stated that .although the shortfalls in State and federal revenues will be handed down to the County, the County needed a storage and maintenance area instead of the vehicles sitting out in bad weather. 1 1 Supervisor Ross stated he thought the Board needed to consider the impact this would have on the County's .capital funds and that the County should defer at the present time. Supervisor Turner moved the .Board table the matter for six months. The motion passed by unanimous vote (5-0). Alan Nogiec, Director of the Isle of Wight Public Recreations Facilities Authority, presented a color chart of beautification projects for the entrances to Isle of Wight. County and stated the highest priority of the. beautification committee was to develop a .program to deal with the eight gateways coming into the County. Mr. Nogiec continued that one of the most significant parts of the project is that it needed to include 'County government and the citizens in the County and would instill a certain amount. of pride and incorporate a willingness from the civic and service clubs to get involved in maintenance and funding of the project. County Administrator Standish recommended the Board continue: to set aside funding for such projects each year in the County budget. At 4:20 P.M., Supervisor Ross moved the Board take a ten minutes recess and continue the .meeting after the Public Service Authority meeting. The .motion passed by unanimous vote (5-0). .County Administrator Standish presented two alternative schedules for the Budget process for the fiscal year 1990-91. Supervisor Turner moved. the Board adopt the following alternative schedule .for the budget process:' ALTERNATIVE COUNTY OF ISLE OF WIGHT FY 1991-92 BUDGET CALENDAR i~ I January 11, 1991 - February 8, 1991 - February 8th through March 8, 1991 - March 14, 1991. March 20, 1991 .Prior to March 28, 199T March 29, 1991 - April 3rd & 4th 1991 - 10th & 11th 1991.- April 18, 1991 - Budget packages to departments and State/local agencies Budget requests. due Meetings with agencies & departments School Superintendent recommences budget School Board public hearing School Board adopts school budget Draft County budget complete, -forwarded to Board of Supervisors Advertise County budget and tax April levies for public hearings Public hearing on County budget and 7 w ~ ' ~~~r p~~K 14 ,~;::- ; ~~ tax levies April 25, 1991 - Special Meeting: Adoption of County budget and tax levies by Board of Supervisors The motion passed by unanimous vote (5-0)~. County Administrator .Standish stated that the Virginia Association of Counties had asked that a County Board member be designated as a liaison person on legislative matters for the VACO Board of Directors. Chairman Bradby moved to nominate Supervisor Edwards as designated Board member liaison on legislative matters for the VACO Board of Directors. The motion passed by unanimous vote (5-0). // Chairman Bradby called for the County Attorney's report. County. Attorney Crook stated that at the. request of the Board he had reviewed the situation on the retirement benefits for Game.. Wardens. County Attorney Crook continued he had reviewed the statute which was adopted at the last General Assembly as Section 51..1-169 of the Code of Virginia and at that time it was provided that it would not take effect unless it was readopted by this- session of the General Assembly. Meanwhile it was to be studied by the Senate Committee on Finance and the. House Committee on Ap~,ropriations to determine the financial impact. County Attorney Crook stated that in the letter to Delegate Councill from Southampton it indicated that the Southampton Board of Supervisors voted its support of the Bi11 with. the understanding that the funding used to support the benefits would come from licenses and associated items under the Game Commission. Supervisor Edwards moved the Board support the legislation that retirement benefits for Game Wardens be the same as State Police and that a letter be sent to Delegate Councill and Senator Holland. The motion passed by unanimous vote. (5-0). County Attorney Crook stated the Board had a previous question about the consolidation of Social Services-with other localities and requested Mr. Crook prepare an opinion. County Attorney Crook further stated the Board may wish to get the Attorney General's opinion on this issue, although he had checked the statutes on it and the. Governor cannot require under the existing statute a consolidation of Department of Social Services. County. Attorney Crook stated he was not finished reviewing the statutes on whether this could be coerced by a reduction of funding, but it did not appear that. it could be and that he would need more time to research that aspect of the matter. // Chairman Bradby called for New Business.. There was no new business for discussion. // Chairman. Bradby called for Old Business. Supervisor Turner stated Miller Road in the Sugar Hill area was in dispute and moved that the Board name Miller Lane-for the entire road including that part that turns right and that the part of the road turning to the left be named Candy Island Lane. The motion passed by unanimous vote (5-0). Supervisor Edwards requested that County staff review the 8 1 1 r ~~~~F ~_4.,:~::~7`~7 alternatives to have future presentations in front of the Board with illustrative aid face bath the Board and the audience. ~~ Chairman Bradby called for approval of the December. 6, 1990 minutes of the Board of Supervisors. Supervisor Ross moved the Board approve the December 6, 1990 minutes of the Board. The motion passed by unanimous vote (5-0). // At 5:05 P.M., Supervisor Ross moved the Board continue the .meeting to January 9, 1991 at 3:00 P.M. in the Board of Supervisors Board Room at the Courthouse when the Board would meet with'the Smithfield Town Council to further discuss the Comprehensive Plan. The motion passed by unanimous vote (5-0). ~ f~ O~r~e~1"v'_ Henry H. Bradby,. Chairman Myles E. tandish, Clerk i j i 1 g