04-18-1991 Regular Meeting~ooK 14 ~~c~$78
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE EIGHTEENTH DAY' OF APRZL IN THE YEAR NINETEEN HUNDRED
NINETY ONE
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 Caskey, Assistant County
Administrator/Community Development
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 7:00 P.M. The
invocation was delivered by Supervisor Ross.
//
Chairman Bradby called for a public hearing on the following:
Proposed FY91/92 Operating and Capital Budgets.
County Administrator Standish .stated the. public hearing was
for the operating and capital budgets only and does not include any
school construction activity.
Dr. Vito Morlino stated the operating budget for FY91-92 was
less than the current year with no increases in local revenues.
Dr. Morlino further stated it has been a tough budget year for all
and the School Board has struggled to bring before the Board a
budget that is within the constraints of both reduced State and
local funding. Dr. Morlino continued that the .County is struggling
with growth issues, but must continue to support quality public
education and requested the Board's favorable consideration in
fully funding the FY91-92 Schools and County budgets.
Chairman Bradby called for citizens to .speak in favor of the
budgets.
Robert Leber, resident of Carisbrooke, stated he would like
to support the public education budget.
Connie Carter, 11126 Old Suffolk Road, Windsor, stated she
also wanted to support the public education budget.
Sherry Russell, 10067 Joyners Bridge Road, stated she wanted
to speak in favor of the School Board budget, particularly the
proposed two-schools plan.
Charles W. Phelps, Isle of Wight Sheriff, stated the cuts to
the budget for the Sheriff's Department by the State will greatly
affect the operation of the Department. Sheriff Phelps further
stated he had submitted a total budget request of $811,438 which
is an increase of $49,276 over this year's budget and that the
submitted budget to the Board reduced his current budget by $44, 038
which makes a total reduction of his submitted budget of $93,314.
Sheriff Phelps continued that he has been informed- by the State
Compensation Board that he must cut his mileage expense by 45$ and
in order to do this, it will reduce-his services to the community
drastically. Sheriff Phelps requested the Board add to the budget
$44,038 to allow the Sheriff's Department to maintain their level
of service.
Andy Rose, Chairman of the Walter Cecil Rawls Library and Zsle
of Wight's representative to that Board,. asked that their request
be met as budgeted. Mr. Rose continued that without full funding,
the only alternative would be a reduction in services.
J
1
,.,
BOOK 14 Fa~~~~J
Edna Brooks Turner, representative of the Walter Cecil Rawls
Trustees, stated there has been considerable increase in the
circulation of both Smithfield and Carrollton lihraries. Cutting
these funds would reduce a very important service for the citizens
of the County.
Linda Morgan, Chairman of the Isle of Wight County School
Board, stated the School Board had cut a staff development program
and will attempt to hold. at present staff needs with decreased
extended contracts. Ms. Morgan further stated~the.School Board
will need to impose a $50 driver's education fee for next year and
there will be no summer school opportunities at Pruden Vocational
Center along with a planned early retirement system. Ms. Morgan
requested the Board support the School budget as presented.
Jan Leber, 19 Saint Catherine Drive, Carrollton, stated she
supported the school budget and requested the Board fully fund the
budget.
Chairman Bradby called for comments by the Board.
Supervisor Turner offered his thanks to the School Board and
Dr. Morlino and staff who have worked hard to tighten the budget.
Supervisor Turner also thanked Hilda W. Harmon for her continued
dedication and professionalism in getting the budget accomplished
on time.
Supervisor Bradshaw questioned the amount on Page 3, care for
prisoners.
County Attorney Crook stated the problem is that there is not
sufficient space in the Suffolk. jail at the present time and that
prisoners are being sent all over the State to find a place to hold
them until trial. County Attorney Crook further stated that the
regional jail will change this situation.
Supervisor Turner stated that the regional jail contract has
been awarded to W. M. Jordan in Newport News and the foundation is
now being poured. Supervisor Turner further stated the regional
jail will eliminate some of the costs incurred by the Sheriff's
Department now in transporting prisoners and that the Board may
wish to consider some additional funding for the Sheriff's
Department in hopes that in 1992 the jail will be in order and will
reduce his budget.
Supervisor Ross stated the County had been cut by the State
who is expecting the localities to pick up some of the slack.
Supervisor Ross further stated .the County should take a look at
what needs to be sacrificed to get through the tough times and that
all requests for additional funding are .important because it takes
each individual department to make the County function;, however,
if the Board allows additional funding for one department it_will
have to fund each department.,
Supervisor Bradshaw thanked Dr. Morlino and school staff for
their work in putting the budget together.
Chairman. Bradbystated the County Attorney had advised the
Board there must be a seven-day period in between the time the
public hearing on the budget is heard and the'adoptiom of the
budget and that the Board would.-meet again on April 25, 1991 at
7:00 P.M. to consider adoption of the budgets.
//
Chairman Bradby called for Citizens Comments.
Robert Bishop of Zuni .requested the Board continue to work
with the School Board in support of their two-schools plan and
2
do~K 14 ~~<<$~0
commended the"School Board and Dr. Morlino for a thorough job in
running the school system. Mr. Bishop stated with the two proposed
schools, travel time for students would be less and that the
smaller the high school, the greater the quality of education.
Amy Linnard, 33 North Court Street in Windsor stated that
Windsor Elementary School is overcrowded and that although new
schools and land cost money, it will not cost more than the County.
can afford. Ms. Linnard stated the two proposed schools have
received high praise from the State and will be functional to the
middle of the next century and urged the Board to support the
construction of the new schools.
Mrs. John Edward Rose of Carrsville stated she supported the
School-Board's decision to build two schools.
Harry Waters, 28456 Holly Run Drive, stated he supported the
School Board's decision to build two schools. The proposed schools
are at the top of the technology chart in education and state of
the art in design and function which can also be enlarged. Mr.
Waters further stated quality education is lacking with large
schools, the rural atmosphere is lost and students and teachers
become isolated.
Luther Boone of Zuni stated he supported the two-school
proposal.
Robert Leber, 19 Saint Catherine Drive, Carrollton stated a
program has been put together to build the two proposed schools to
relieve the overcrowding at Hardy and Smithfield Elementary. Mr.
Leber continued another purpose was to get the County into the
middle school concept which will be required later on and that it
be done in a manner that the schools are located in the proper
places in the County. Mr. Leber stated that he hoped the Board
goes with the two-school concept when the Board makes the decision
on the capital expenditures.
Donna Robertson of Windsor stated she went to a small school
and supported the concept of two schools being built.
//
Supervisor Turner moved the Board take a ten-minute recess at
8:00 P.M. The motion passed unanimously (5-0).
//
Upon returning to open session, Chairman Bradby called for the
Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development presented the following applications and request for
the Board's consideration:
1. The application of Donald W. and Carolyn A.
Burke to allow a mobile home to be occupied
for an additional thirty-six (36) months while
building a residence on five (5) acres of land
located on the north side of Route 620,
between Route 10 & 32 and Route 644, in
Newport Magisterial District.
Mr. Caskey stated. the Planning Commission recommended approval
of extending the Conditional Use Permit for a mobile home, but for
a period of twenty four months rather than the requested thirty six
months.
Chairman Bradby called for citizens to speak in favor.
Donald W. Burke, 19347 Muddy Cross Road, appeared.
1
1
3
rt
dooK 14 ~~~:$$1
Chairman Bradby called for citizens to speak in opposition:
No one appeared.
Chairman Bradby called for comments by Board members.
Supervisor Turner asked County Attorney~Crook if he could
participate-since Mr. Burke°s wife is an officer with Isle of Wight .
Materials.
County Attorney Crook stated he did not think this constituted
a legal conflict of interest under the Virginia Conflict of
Interests Act.
Supervisor Turner stated the Burkes had spent a great deal•of
money and time in putting up a butler building to improve the
property and that it was not their intention to wait three years
to build.
Supervisor Bradshaw moved the Board approve the application
for an additional thirty-six months..-The motion passed unanimously
(5-0).
2. The application of Ruben E. and Peggy L. •
Washburn, owners and C & P Telephone Company,
lessee, for a Conditional Use Permit to locate ,
a twelve (12) foot by twenty-four (24) foot
unmanned repeater station for C & P Telephone.-
Company, on 2.2 acres of land located on the
south side of Route 460, between the
Southampton County Line and Route 614, in
Hardy. Magisterial District.
Chairman Bradby called for persons to speak in favor.
.Jeff Allen with Commonwealth Right of Way appeared. Mr. Allen
stated the building wauld be twelve by eight feet and .that
assistance is being prop-ided to the Washburns in cleaning up the
area.. Mr. Allen continued there are outstanding property taxes
totaling over $2,000 which C & P will absorb in addition to paying
the Washburns for the easement of the. property.
Supervisor Turner moved the Board approve the application of
Ruben E. and Peggy L. Washburn. The motion passed unanimously (5-
0) .
3. Request of David Family Motors to erect a
business identification sign on a building.
within the St. Lukes Historic District.
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by Board members.
Supervisor Turner moved the board approve the request of Davis
Family Motors. The motion passed unanimously (5-0).
Mr. Caskey stated the Ashby Subdivision, Section I located on
Route 17 was rezoned in 1986 and since that time the Department of
Community Development has been working with the developers in
finalizing the plats for recordation of the subdivision. The
Virginia Department of Health has advised of a need .for a fluoride
removal/treatment system €or the water to be .considered and
4
aoeK 14 ?nc-$$2
approved under the Virginia Department of Health's guidelines. In
this regard, the County had met with Ashby Land Trust, the
developers.,. and there has been an agreement between-Ashby Land
Trust and Isle of Wight County to guarantee full mutual.
understanding and commitment for the construction of the fluoride
removal system and bonding of such system and securing of the bond
until such time as the system is permitted. and an operational
permit is issued by the Virginia Department of Health. Mr. Caskey
stated the County Attorney has reviewed the agreement and indicated
that the agreement is in order for the Board's consideration.
County Attorney Crook stated he had reviewed the agreement
which provides that a present surety bond will remain in effect in
the amount of $38,170 for the fluoride system until the Virginia
Department of Health issues the permit for the system. County
Attorney Crook stated that he had written Mr. Caskey concerning the
failure of the landowners to record a boundary plat of the property
so as to make the rezoning effective under the Zoning Ordinance and
he warned him that no subdivision plats or development of the
property could be approved or permitted until the boundary plat was
recorded. County Attorney Crook stated further that he had
received a telephone call from W. B. Owen, one of the owners, who
advised him that the boundary plat has now been recorded. County
Attorney Crook further stated that as the boundary plat has now
been-recorded he would. recommend the Board approve the agreement
subject to his approval of the form of the bond to .secure it.
Supervisor Turner stated he was a partial owner in the
property and will not take part in the discussion or vote.
Supervisor Edwards-moved the Board authorize execution of the
agreement subject to review of the surety. The motion passed
unanimously (4-0) of those members voting. Supervisor Turner
abstained from voting.
Mr. Caskey stated in November of 1990, the Board of
Supervisors adopted the County's Chesapeake Bay Preservation Area
Ordinance and Chesapeake Bay Preservation Area designation maps as
mandated by the State. Mr. Caskey further stated as required by
the State the ordinance and maps were then required to go through
a submission and review process with the Chesapeake Bay Local
Assistance Board and Department for determination of consistency
with State regulations and guidelines which occurred on April 4,
1991. Mr. Caskey continued the Chesapeake Bay Local Assistance
Board noted approval of the County's maps and ordinances pending
minor clarification which needs to be addressed at a subsequent
date relative to sections and wording of those sections.
County Administrator Standish asked if Isle of Wight is one
of the few localities that now have an approved ordinance.
Bryan David,. Environmental Planner for Isle of Wight County,
stated thirty five localities out of eighty nine have gone through
the review process and that Isle of Wight is within the State's
mandated time frame..
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated he had nothing for open session,
but did have a matter for Executive Session later in the meeting.
//
Chairman Bradby called for the County Administrator's report.
Supervisor Turner moved the Board adopt the following
resolution:
n
CI
5
ft
~o~K 14 ~I~v~~~?
RESOLUTION TO ACCEPT AND APPROPRIATE FOUR THOUSAND EIGHT
HUNDRED SIXTY-TWO DOLLARS ($4,862) FROM THE COMMONWEALTH
OF VIRGINIA FOR THE ONE FOR LIFE PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia, has been awarded reimbursement. from the
Commonwealth of Virginia far the One For Life Program during the
fiscal year 1989-90; and,
WHEREAS, funds in the amount of Four Thousand Eight Hundred
Sixty-two Dollars ($4,862) .are needed to be appropriated to the
Isle of Wight Rescue Squad and Windsor Rescue Squad,. line items in
the 1990-91 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 .Four
Thousand Eight Hundred Sixty-two Dollars ($4,862) be appropriated
to line items 11-3203-5605,A, Isle of Wight Rescue Squad ($2,431)
and 11-3203-56058 Windsor Rescue. Squad ($2,431) in the 1989-90
budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED, that the County Administrator of the
County of Isle of .Wight, Virginia is .authorized to make the
appropriate accounting adjustments in the budget for this program
and to do all the things necessary to give this resolution ef~ect.
The motion passed unanimously (5-0).
County Administrator Standish stated the Town of Smithfield
had requested the County contribute 50$ of the cost of an emergency
generator for the Isle of Wight Volunteer Rescue .Squad facility.
County Administrator Standish further stated the. cost to the County
would be $12,900 and is in the. current year's budget and requested i
the Board's concurrence to look at the Windsor Rescue Squad to
determine if emergency power can be provided at the same unit cost
to that facility.
Supervisor Turner moved that the Board authorize the
expenditure of $12,900 and for .the County Administrator to bring
back at a future meeting the cost estimates for an emergency
generator for the Windsor Rescue facility. The motion"passed 4
unanimously (5-0).
County Administrator Standish presented a surplus equipment
list to the Board and asked for the Board's permission to auction
these items.
County Attorney Crook stated the: Board should publish a .public
notice of the sale.
Supervisor Turner .moved the Board authorize .the County
Attorney to prepare the necessary documents and advertise for a
public sale. The motion passed unanimously (5-O).
County Administrator Standish stated the existing agreement
between the County and the City of Virginia Beach provides that in
the two wells owned by the County, the County reserved a 10$
capacity for any need the Board may wish to use them for. County
Administrator Standish further stated that one of the wells was in
close proximity of the proposed site for the Norfolk Southern coal
facility who has inquired if. the County would approve the use of
that well as a water source rather than the Norfolk Southern coal
facility developing its own water source.
Supervisor Turner moved the Board authorize the County.
Administrator to write a letter to the Virginia Beach City Manager
and give him formal notice and also to work with the State Water
Control Board. The motion passed unanimously (5-0).
/I
6
BQQK ~~ !'~u~lJ~~
Chairman Bradby called for New Business.
Supervisor Turner moved that John Lackey be able to speak
under New Business. The motion passed unanimously (5-0).
John Lackey, 105 Cindy Circle, Newport News stated that in
August of 1990 he purchased property in Springfield Downs with the
intention of building on it and that in late February he was
notified to bring his plans to the Courthouse to be reviewed. Upon
doing this, he was .informed that. he could not be issued a building
permit for Springfield Downs.
Mr. Caskey stated that there is a stoppage on building permits
and that the Board had previously instructed the County to pursue
litigation. Mr. Caskey continued he had received a call from the
new developer, Charlie Gregory, who has indicated that he is
mailing a copy of a letter describing his intentions in terms of
completing the road and drainage improvements to the standards of
the Virginia Department of Transportation along with a copy of his
contract he is entering into with the paving contractor to do the
work. Mr. Caskey stated Mr. Gregory had indicated the remaining
work on the punch list provided by the Virginia Department of
Transportation should be completed in six weeks.
County Attorney Crook stated that Crestar was the surety on
the bond for the roads and water system and when the developer took
bankruptcy, the County was able to get the bankruptcy trustee to
release enough money to complete the water system so that the
Virginia Department of Health could be satisfied. County Attorney
Crook advised the road has not been completed and Crestar has
backed off on the surety which is why the Board directed that a
suit be brought against Crestar.
Supervisor Turner suggested that Mr. Caskey contact the
Virginia Department of Transportation and follow up with Mr.
Gregory.
Gerald Gwaltney, Commissioner of Revenue, asked for the
Board's consideration in allowing a maximum exemption of a $400 tax
per vehicle from personal property taxes for fire and rescue. squad
persons.
Supervisor Turner moved the Board authorize the County
Attorney to bring back an amendment to the ordinance which will put
a $500 cap on the exemption for taxes. The motion passed
unanimously (5-0j.
//
Chairman Bradby called for Old Business.
There was no old business for discussion.
//
Chairman Bradby called for Appointments.
There were no appointments.
//
Chairman Bradby called for approval of the March 21, 1991
minutes of the Board of Supervisors.
Upon recommendation of County .Attorney Crook, Supervisor Ross
moved the Board adopt the March 21, 1991 minutes of the Board of
Supervisors. The motion passed by unanimous vote (5-0).
//
1
7
,,
80QK 14 ~~~88
County Attorney Crook requested an Executive session pursuant
to Section 2.1-344 A7 of the Freedom of Information Act
specifically for consideration of a pending litigation involving
an old EEOC complaint.
Gerald Gwaltney requested an Executive Session pursuant to
Section 2.1-344 A7 of the Freedom of Information Act specifically
concerning currently pending tax litigation for. the County.
At 9:10 P.M., Supervisor Ross moved the Board go into
Executive Session for the reasons stated by County Attorney Crook
and Gerald Gwaltney. The motion passed unanimously (5-0).
Upon returning to open session, Supervisor Edwards moved the
Board adopt the following resolution:
CERTIFICATLON 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, 2.1-344.1 of the Code of Virginia requirES a
certification by this Board of Supervisors that such executive
meeting was. conducted in conformity with Virginia law; .
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i)
only public business matters lawfully exempted from open meeting.
requirements by .Virginia law were discussed in the executive
meeting to which this certification resolution applies,. and (ii)
only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered
by the Board;of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-O).
Supervisor Edwards stated that neither he, Supervisor Ross,
nor County Attorney Crook participated in the discussion of the
Board with the Commissioner of Revenue concerning the Smithfield-
Carroll's tax suit.
County Attorney Crook stated Supervisor. Ross and Edwards-must
declare a conflict of interest concerning the matter for action.
Supervisor Turner moved the Board authorize payment of the
final bills relative to the Commissioner of the Revenue's
Smithfield Carroll Farms suit. The motion passed unanimously (3-
0) of those members voting. Supervisor Ross and Edwards abstained
from voting.
~~
Supervisor Turner stated he may not be able to attend the
April 25, 1991 meeting regarding adoption of the budgets, but that
he wanted to express his support of the School budget as proposed
because of the increase in population,. which is what the School
budget is based on and the request of the- Walter Cecil Rawls
8