05-16-1991 Regular MeetingBOOK ~4 ~~~•'~~..
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SIXTEENTH DAY OF MAY IN THE YEAR NINETEEN HUNDRED NINETY
ONE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Richard L. Turner
Also Attending: H. Woodrow Crook,. Jr., County Attorney
Myles E. Standish, County. Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Donald T. Robertson, Assistant to the County
Administrator
.Carey H. Mills, Assistant Clerk
ABSENT:. Thomas L. Ross
Chairman Bradby called the meeting to order at 7:00 P.M. The
invocation was delivered by Supervisor Bradshaw.
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Chairman Bradby called for a public hearing on the following:
An Ordinance to Amend Chapter 8, Garbage, Weeds and
Litter of the Code of Isle of Wight County, Virginia, by
Adding .Thereto Article IV Solid Waste Recycling Reports
Chairman Bradby called for comments by citizens.
No one appeared.
Donald T. Robertson, Assistant to the County Administrator,
stated each locality serviced by the Southeastern Public Service
Authority was adopting similar ordinances which requires businesses
within the County who are undertaking activities related to
recycling to report. to the County what types and quantities they
are recycling. Mr. Robertson further stated the purpose of the
ordinance is to help the County and region determine where it
stands in regards to the State's requirements regarding minimum
.recycling rates.
Supervisor Turner moved the Board adopt the following
ordinance:
AN ORDINANCE TO AMEND CHAPTER 8, GARBAGE, WEEDS AND
LITTER OF THE CODE. OF ISLE OF WIGHT COUNTY, VIRGINIA, BY
ADDING THERETO ARTICLE IV SOLID WASTE RECYCLING REPORTS
WHEREAS, the General Assembly of Virginia by an Act embodied
in Section 10.1-1411. of the Code of Virginia of 19.50, as amended,
requires the governing bodies of counties within regional solid
waste management areas to be responsible for the development and
implementation of a comprehensive regional solid waste management
plan in cooperation with a planning district commission; and,
WHEREAS, the County of Isle of Wight, Virginia, is a part of
the Hampton Roads Planning District Commission solid waste
management plan; and,
WHEREAS., implementation of the Hampton Roads Planning .District
Commission solid waste management plan requires the local governing
bodies within the area who are members of the plan to submit annual
reports to the .Southeastern Public Service Authority; and,
WHEREAS, in order to facilitate the County of Isle of Wight
in submitting annual reports of persons recycling solid waste
within the County, it is necessary to have any ordinance to require
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such persons to make annual reports to the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia, that Chapter 8
of the Code of Isle of Wight County, be amended by adding. thereto
Article IV as follows:
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ARTICLE IV
SOLID WASTE RECYCLING REPORTS
8-17. -Each person located within the County of Isle of Wight,'
who recycles solid waste, as defined in Section 10.1-1400 of the
Code of Virginia of 1950, as. amended, shall submit an annual report
to the County Administrator of the County of Isle of Wight, who in
turn will submit said reports to Southeastern Public Service
Authority of Virginia.
8-18. Each report required by this Article shall cover the
twelve months period beginning .January 1 and ending December 31 of
each year. Each annual report shall be submitted not later than
thirty days following the close of such twelve months period.
8-19. Each annual report required to be submitted hereunder
shall include the following information with respect to .the
reporting party for the period covered by the. report:
(a) The name and address of the reporting party and the
name and telephone number of the individual who may be contacted
on behalf of the reporting party with regard to its report;. and,
(b) The total quantity of solid waste recycled by the
reporting party during the period.
8-20. All quantities of solid waste required to be
reported hereunder shall be measured by weight. When the reporting
party is unable to accurately determine quantity by weight, such
quantities shall be reported"based upon carefully estimated data.
Each reporting party shall identify in its report all information
which is based upon estimated data.
8-21. Nothing hereunder shall be construed to require any
party to report information of a proprietary nature. Where any
.party fails to report any information otherwise required hereunder.
based upon determination that such information is of a proprietary
nature, the party shall specify in its report the nature of the
.information withheld and the. basis for its determination that such
information is of a proprietary nature.
8-22. As used in this Article, "person" shall mean any
non-residential generator of solid waste and any company, business
or other party which collects,,transports, processes or recycles
solid waste.
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8-23. As used in this Article,. to "recycle" -means the
following:
(a) To sell, donate, or otherwise transfer solid waste
material to any other person located outside of the service area
so that such waste material may be processed and -used again as a
raw material for a product which may or may not be similar to the
original product.
(b) To process a given waste material at a location
within the service area so that such material may be used again as
a raw material for a product which may or may not be similar to the
original product.
8-24. As used in this Article, "service area" shall mean
the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk,
and Virginia Beach and the Counties of Isle of Wight and.
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Southampton.
8-25. Any person who recycles solid waste at or from
locations both within and without the County of Isle of Wight and
who is not reasonably able to identify the quantity of solid waste
recycled at or-from each location may submit a consolidated .report
to the County.
8-26. The. Southeastern Public Service Authority may
prepare forms to be used by any person required to submit a report
under this Article. Any such forms shall be available. at the
principal offices of the Southeastern Fublic Service Authority and
at the offices of the County Administrator of Isle of Wight County.
8-27. Failure to furnish any report required hereunder
shall be punishable by a fine of not more .than $500.00 for each
such violation.
The motion passed by unanimous vote (4-0) of those members
present..
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Chairman Bradby called-for Citizens Comments.
Tom Queen, Chris Scott, Jamie Polland, Ethel Ravling, Amy
Wells and Theresa Weaver appeared urging the Board to support the
Isle of Wight School Board's new schools construction proposal.
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Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated the Federal Emergency Management Agency has --
provided the County a flood insurance study and map identifying
flood hazard areas delineated by the agency and that the County is
mandated to adopt flood-plain management regulations to meet the
minimum requirements established by the national flood insurance
program by August of 1991. Mr. Caskey further stated a draft
zoning ordinance. amendment has. been prepared which meets such
requirements and serves. to create an .overlay zoning district to
establish land. use and construction criteria and requirements and
the Planning Commission set a public hearing for their June il,
.1991 to consider such an amendment: Mr. Caskey stated that
although this was only for the Board's .information at this time,
a public hearing . of the Board would need to be set in the near
future for the zoning ordinance amendment.
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Chairman Bradby called for the County Attorney's report.
H. Woodrow Crook; Jr., County Attorney, stated he had nothing
for public discussion.
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Chairman Bradby called for the County Administrator's report.
County Administrator Standish stated the lease for the Health
Department building will expire on June 30, 1991 and recommended
the_Board renew the lease under the same terms and conditions as
now exists.
Supervisor Turner moved the Board authorize renewal of the
lease for the Health Department under the same terms and conditions
as are currently in place. The motion passed by unanimous vote.(4-
O) of those members present.
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Supervisor Bradshaw requested that at such time as the lease
next expires or they need expanded space that the Board of
Supervisors give consideration to the Health. Department location
being moved to the Courthouse.
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County Administrator Standish stated the County had been
advised by the Virginia Association of Counties that the Governor's
Office is looking at repealing the Dillon Rule. and that it had been
recommended- by VACO that each locality consider adopting a
resolution encouraging the Governor to do such.
County Attorney Crook stated that the proposed resolution did
not correctly represent the Dillon Rule and that the Dillon Rule
is not a Governor's or legislative act, but a court decision which
says that unless the General Assembly provides authority for the
County. to act, the County does not have the authority to act. Mr..
Crook further stated this is not a ,case of repealing the' Dillon
Rule and that .the General Assembly could enact legislation that
could give the counties more authority than they have. Mr. Crook
continued that he recommends that the proposed resolution be re-
written..
County Administrator Standish stated a letter could be sent
from the Board that would encourage our General Assembly delegation
and the Governor to seek. legislation that would no longer have
Virginia a Dillon Rule State.
Supervisor Turner moved the Board. direct the County Attorney
and County Administrator bring back a recommendation for the Board
to consider the matter along with the ramifications of such action.
The motion passed by unanimous vote (4-O) of those members present.
Supervisor-Edwards stated the letter should be directed to all
of our new legislators.
Supervisor Turner moved .the Board adopt the following
resolution:
RESOLUTION REQUESTING THE GOVERNOR OF VIRGINIA TO
DESIGNATE AUGUST 3, 1991 AS THE OFFICIAL
"WELCOME .HOME" FOR VIRGINIA'S VIETNAM VETERANS
WHEREAS, thousands of Virginians served in the United States
armed forces during the Vietnam War; and,
WHEREAS, many Virginians were wounded, held as Prisoners of
War and/or lost their lives in an effort. to preserve freedom for.
others; and,
WHEREAS, these brave men and women represented the United
States of America, as Ezell as the Commonwealth of Virginia; and,
WHEREAS, Virginia's Vietnam veterans were not honored with a
well-deserved welcome home celebration.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County that. it hereby requests the Governor and
the General Assembly of the Commonwealth of Virginia to designate
August 3, 1991 as the official "Welcome Home" for Virginia's
Vietnam veterans.
The motion passed by unanimous .vote (4-0) of those members
present.
County Administrator Standish recommended the Board's
consideration in setting aside $50,000 of the .$522,000 Virginia
Department of Transportation revenue sharing money to initiate the
Route 258 project. County Administrator Standish noted that the
Board traditionally .allocated the money for the secondary road.
program, as priorities already exist, but that the Board could also
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direct VDOT to begin to address the Route 258 project as had been
requested in numerous Board resolutions.
Supervisor Turner .expressed his support in encouraging the
improvement of Highway 258 and moved the Board request the Resident
Engineer of VDOT to give a report to the Board on the matter. The
motion passed by unanimous vote (4-0) of those members present.
Supervisor Turner moved the Board direct the County Attorney
and County Administrator prepare a resolution of appreciation to
the Planning Commission .and Planning Advisory Committee in
recognition of their work on the Comprehensive Plan. The motion
passed by unanimous vote (4-0) of those members present.
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Chairman Bradby called for New Business.
Supervisor Bradshaw noted that Peoples Drug in-the Airport
Shopping Center near Franklin would be closing resulting in a tax
lass for the County and moved that the Board direct the County
Attorney to draw up a resolution supporting the continued operation
of Peoples Drug. at its present. location. Supervisor Edwards
suggested the County Administrator direct Judy Begland to see. if
there is anything the County can do -from its end to help keep
Peoples Druq in business. The motion passed by unanimous vote (4-
0) of those members present.
Supervisor Edwards stated the Virginia Code sets a procedure
for counties to put a referendum on the ballot to determine whether
the counties would like to have a restaurant, meals and beverage
tax.
..County Attorney Crook stated he had reviewed the statute and
a resolution by the Board could initiate a referendum. County
Attorney Crook further stated there is also provisions in the
statute that allow counties with certain populations to do this and
if Isle of Wight County were to request their legislators to add
a population bracket that Isle of Wight County would fit into it
would be another way of going about it.
Supervisor Edwards moved that the County Attorney report to
the Board at the June 6, 1991 meeting regarding appropriate
procedures to pursue such a tax. The motion passed by unanimous
vote (4-0) of those members present.
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Chairman Bradby called for Old Business.
Supervisor Turner- moved the Board adopt the following
ordinances with 60~ recapture of costs fees, as presented:
AN ORDINANCE TO AMEND
THE EROSION AND SEDIMENTATION
CONTROL ORDINANCE OF ISLE OF WIGHT COUNTY
''TO INCREASE APPLICATION/ADMINISTRATIVE FEES
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that Section 6-14 of the
Isle of Wight County Erosion and Sedimentation Control Ordinance
be .amended to read as follows:
Section 6-14. Issuance; fees.
Except as provided in Section 6-3, no ,person shall engage in
any land disturbing activity, as defined in Section 6-2 within the
County until he has acquired a land disturbing permit-and paid a
fee for same to the County in the amount of Seventy Dollars
($70.00) plus Ten Dollars ($10.00) per acre of land to be
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disturbed.
Issuance of a land disturbing permit is conditioned on an
approved erosion and sediment control plan which or certification
of such shall be presented at the time of application for such
permit and, in addition, .the requirements of Section 6-11
concerning a performance bond, cash escrow, letter of credit, any
combination thereof, or such other legal arrangement as is
acceptable under the provisions of Section 6-13 and to the fees
herein levied for .land disturbing activities...
A plan review and inspection fee as adopted by the Board of
Supervisors shall be paid at the time of filing erosion and
sediment control plans.
AN ORDINANCE TO AMEND
THE WETLANDS ZONING ORDINANCE
OF .ISLE OF WIGHT COUNTY
TO INCREASE APPLICATION/ADMINISTRATIVE FEES
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of.the County of Isle of Wight, Virginia, that Section 17-3(cj of
the Isle of Wight County Wetlands Zoning Ordinance be amended to
read as follows: '
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17-3(c). A non-refundable processing fee to cover the
cost of processing the application, in the amount of
Seven Hundred Dollars ($700.00), shall be accompany each
application...
AN ORDINANCE TO AMEND
THE SUBDIVISION ORDINANCE OF
ISLE O.F WIGHT COTJNTY TO
INCREASE APPLICATION/ADMINISTRATIVE FEES
BE IT AND IT IS HEREBY ORDAINED by the Board of S.uperviso~s of the
County of Isle of Wight, Virginia, that the following Sections of
the Isle of Wight County Subdivision Ordinance be`amended to read
as follows:
Section 3.7: Fees.
For the review of plats and plans as required by this
ordinance, the subdivider shall-pay to the County of Isle of Wight
a fee of Thirty-Five Dollars ($35.0.0) plus Five Dollars {$5.00) per
lot for subdivision plats of less than ten (10) lots and One
Hundred Fifty Dollars ($150.00) plus Five Dollars ($5.00) per lot
for subdivision plats of ten (10j lots or more.
Section 4-4-11. Bond• review fee.
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.Before any subdivision plat will be finally approved by the
governing body the subdivider (owner) shall, in lieu of
construction, furnish bond with surety in an amount calculated by
the governing body to secure the required improvements• in a
workmanlike manner, and in compliance with the Subdivision
Ordinance requirements and in accordance with specifications and
construction schedules established or approved by the appropriate
engineer, which bond shall be payable to and held by the governing
body. An administrative fee for bond-review shall be paid at the
time the bond is submitted to the County in the amount of One
Hundred, Seventy-Five Dollars {$175.00). Administrative review fee
for renewal of such bands shall be in the amount of One Hundred
Seventy-Five Dollars ($175.00).
AN ORDINANCE TO AMEND
THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY
TO INCREASE APPLICATION/ADMINISTRATIVE FEES
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
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of the County of ,Isle of Wight, Virginia, that the following
Sections of the Isle of Wight County Zoning Ordinance be amended
to read as follows:
5D-2-1. Applications for rezoning to R-MH-TP and/or conditional
use permit shall require payment of an administrative fee to the
County of Forty-Five Dollars ($45.00) per mobile home site and
shall be filed with the Zoning Administrator and shall include the
following:
(Subparagraphs a, b, c and d are unchanged.)
10-1-1. Buildings or structures shall be started,: reconstructed,
enlarged or altered only after a zoning permit has been obtained
from the County Administrator and a fee paid for same in the amount
of Ten Dollars ($10.00).
10-3-1. .All applications for conditional use permits shall be
accompanied by certified check in the amount of Two Hundred, Fifty
Dollars ($250.,00) plus Ten Dollars ($10.00) per acre of land
involved., .payable to the .Treasurer of Isle of Wight County,
Virginia.. Where publication is required pursuant to Section 15.1-
431.of the Code of Virginia for application for conditional use
permits by this ordinance, the application fee shall be Five
Hundred Dollars ($500.00) plus Twenty Dollars ($20.00) per acre of
land involved.
10-4. All applications under this Section shall be accompanied by
a certified check in the amount of Five Hundred Eighty Dollars
($580.00} payable to the Treasurer of Isle of Wight .County, ~~
`Virginia.
13-1-3. Pet' '
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s by propert owners for chan a in the zonin
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classification of property shall be accompanied by a certified i
check in the amount of Four Hundred Dollars ($400.00) to rezone to li
Agricultural use, Five Hundred Eighty Dollars .($580.00) plus Ten
Dollars ($10.00) per acre. of land involved to rezone to Residential
use, Eight Hundred Dollars ($800.00) plus Twenty Dollars ($20.00)
per acre to rezone to Business or Lndustrial use. In addition, an
application for rezoning shall require a -plat to be prepared in
accordance-with .the requirements of the Subdivision Ordinance,
which must be recorded in the Clerk's office for the Circuit Court
of Isle of Wight County, Virginia, prior to the rezoning taking
effect. If a boundary plat of the rezoned area is. not recorded
within six (6)~ months of the approval of same by the Board of
Supervisors of Isle of Wight County, Virginia, property will revert
to the zoning classification_existinq prior to the action of the
Board of Supervisors.'
13-1-5. Applications for review of site plans for approval prior
to construction shall require payment of a fee of One Hundred Fifty
Dollars ,_($150.00) plus Twenty Dollars- ($20.00) per acre for the
first twenty (20)` acres and Ten Dollars ($1.0.00) per acre for the
acres in excess of twenty (20) acres for new multi-family mobile
home park, commercial, industrial and institutional and all others
shall require a fee of Thirty-Five Dollars ($35.00) with
resubmittal/revisions requiring a fee of Twenty Dollars ($20.00)
payable to the County of Isle of Wight.
The motion passed by unanimous vote (4-O) of those members
present.
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Chairman Bradby called for Appointments.
There were no nominations for appointments.
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Chairman Bradby called for approval of the April 18, 1991
minutes.
Supervisor Edwards moved the Board adopt the April 18, 1991
minutes of the Board. The motion passed by unanimous, vote (4-0)
of those members present.
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.County Attorney Crook requested an Executive Session pursuant
to Section 2.1-344 Al of the Freedom of Information Act for the
purpose of interviewing the attorneys for delinquent tax collection
and. an Executive Session pursuant to Section 2,1-344 A7 of the
Freedom of Information Act for the purpose of discussion and advice
of staff concerning negotiations for a contract agreement proposed
by Smithfield Foods, Inc. '
At 8:00 P.M., Supervisor Edwards moved the Board go into
Executive Session for the reasons stated by County Attorney Crook.
The motion passed by unanimous vote (4-0) of those members present.
Upon returning to open session Supervisor Turner moved ,the
Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant town 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;
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that as to the interviews of attorneys for.
delinquent tax collection, 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: 4
NAYS: 0
ABSENT DURING VOTE: 1
ABSENT DURING MEETING: 1
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The motion passed by unanimous .vote (4-0) of those members
present.
County Attorney Crook stated concerning the discussion in
Executive Session regarding a proposed agreement presented to the
Board by Smithfield Foods that County Attorney Crook and Supervisor
Edwards left the Executive Session and were not involved, -nor
discussed the matter due to their declared conflict of interest as
Smithfield Foods is a corporate client of Mr. Crook. '
Supervisor :Turner moved the Board adopt the following
resolution:
t' TIFICATION OF EXECUTIVE MEETING
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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 R~:SOLVED that the Board of Supervisors
hereby certifies that as to the executive session concerning the
agreement proposed by Smithfield Foods, Inc., 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: 3
NAYS: 0
ABSENT DURING VOTE: 1
ABSENT DURING MEETING: 2
The motion passed (3-0) of those members participating.
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At 10:00 P.M., Supervisor Edwards moved the Board adjourn.
The motion passed by unanimous vote (4-O) of those members present.
Henry H. Bradby, Chairman
Myles
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