Loading...
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