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06-20-1991 Regular MeetingBocK 14 ~~~~~a REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF'SUPERVISORS HELD THE TWENTIETH DAY OF JUNE 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 Donald T. Robertson, Assistant to County Administrator Carey. H. Mi11s., Assistant Clerk Chairman Bradby called the meeting to order at 7:00 P.M. The invocation was delivered by Supervisor Edwards. // Chairman Bradby called for a public hearing. on the following: The temporary closure of Route 614, between Route 258 and Route 648 during .the time of the .construction of a replacement bridge over Ducks Swamp (Virginia Department of Transportation Project #0614-046-242, M501, B624) Chairman Bradby called for comments by citizens. No one appeared Chairman Bradby called for comments by Board members. Supervisor Bradshaw moved the Board approve the temporary. closure. of Route 614, between Route 258 and Route 648. The motion passed unanimously (5-O). Chairman Bradby called for a public hearing on the following: The temporary closure of Route 630, between Route 258 and Route 58 Business during the time of the construction of a replacement bridge over Beaver Dam Swamp (Virginia Department of Transportation Project #0630-046-240, M501, B621) Chairman Bradby called for comments by citizens. No one appeared. Chairman Bradby called for comments by Board members. Supervisor Bradshaw moved the Board approve. the temporary closure of Route 630, between Route 258 and Route 58. The motion passed unanimously (5-0). // Chairman Bradby called for the 'special presentation by Terry Ritter, Regional Meteorologist for .the National Weather Service. W. Douglas Caskey, Assistant County Administrator/Community Development stated the Hampton Roads area is seeing an increase in .tornado activity and presented a map illustrating major clusters of mobile homes in the County, particularly the Windsor-area, which are vulnerable. Terry Ritter gave a brief presentation on the impact of severe 1 aaaK ~.4:,;~:~`~3 weather in the County and stated the forecast for this season was less than eight tropical storms and five hurricanes, most under category three. Mr. Ritter continued saying that mobile homes would be most likely lost .during hurricanes and recommended evacuation during all such storms. Supervisor Edwards suggested that -keys to the schools be provided to all -deputies on duty, as well as to the School Custodian. // Chairman Bradby called for Citizens Comments. Martha Moore, Horace Whitley, Reverend Johnson, and Vincent Godwin expressed their strong support for the availability of sewer along the Route 17 and Route 10 corridors. A large number of citizens indicated their support of sewer along the Route 17 and Route 10 corridors. Mary Kennedy of Carrollton urged the. Board to consult with experts and have a public hea-ring before making any decisions on where to put'in sewer lines in the County. Supervisor Edwards stated that an HRSD-.line is just one step in the process.. and will not solve a.ll the sewer problems in the County and that ground work would have to be made for a collection system. Chairman •Bradby stated that a school would be built in the Carrollton area and would hook onto the HRSD line if they had to build a collection system. 1 Supervisor Turner stated that this is a major step for Isle of Wight County. and steps in-the right direction should be taken to .provide the needed service for the Carrollton .residents. // Chairman Bradby called for the Community Development report. 1. The application of Mary H. Stephens to continue • the location of a mobile home occupied by her grandson, J. Brian Stephens and his immediate family, on four (4) acres of land located on .Route 258, Walters, in Windsor Magisterial District. Mr. Caskey stated the Planning Commission voted to deny the application because of the indefinite time limit identified by the applicant and that the applicant had expressed his intent to build a residence at another location. John W. Stephens, Jr. stated he was requesting an indefinite period of time because he did not want to have to come before the Board again for another extension of time. 1 Supervisor Bradshaw moved the Board approve the application • for a period of three years. The motion passed unanimously (5- 0) . Mr. Casket' stated the Board had previously adopted the Comprehensive Plan and presented land maps delineating the Development Service District by parcels of land. Supervisor Bradshaw moved the Board extend the boundary of the• Windsor Service District to include the :Burden property which is under an option contract to the School Board. The motion. passed unanimously. 2 w UQ~K ~~ r~~rV ~~ Supervisor Ross moved the Board approve the property lines for the other Development Service Districts as presented,, The motion passed unanimously. // Chairman Bradby called for the County Attorney's report. County Attorney Crook presented a resolution he had prepared at the Board's request to create a Youth Services Citizen Board. Curt More with the Juvenile Services Unit stated the Board would be acting in an advisory capacity to the County Coordinator of Youth Services which would be a single individual hired through a grant to administer the program. He stated the individual's job would be to work with any agency which works. with children that wanted. to receive funding to expand or provide new services to the County. Supervisor Turner moved the Board adopt said resolution as follows: RESOLUTION TO 'CREATE A YOUTH SERVICES CITIZEN BOARD WHEREAS, the General Assembly of Virginia by an Act embodied in the Code of Virginia, in Title 66, Chapter 3, Sections 66-26 through 66-35, has provided for grants to localities to promote efficiency and economy: in the delivery of youth services and to provide support to localities seeking to respond positively to the growing rate of juvenile delinquency; and, WHEREAS, said Act requires the, governing body. to adopt a resolution providing for the creation of a Youth Services Citizen Board, annual preparation of a comprehensive plan based on an objective assessment of the community's needs and resources for developing, coordinating and evaluating youth services and funding of the local share of the grant; and,. WHEREAS,. the Board of Supervisors of Isle of Wight:County desires to create and develop and supervise delinquency prevention and youth development programs in the County. of Isle of Wight in the best interests of all citizens thereof. BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that a Youth Services Citizen Board is hereby created for the County of Isle of Wight to consist of seven members appointed by the Board of Supervisors of said County which may include in said membership representative elected officials, representatives of public and private agencies serving youths, citizens not. employed by government or service agencies and at least .one member who is below the age of eighteen years provided that a majority of the said board shall be citizens who are not .employed by government or service agencies and who are not. elected governmental officials. It shall be the responsibility of the Youth Services Citizen Board to; 1. Assist community agencies and organizations in establishing and modifying programs and services to youth on the basis of an objective assessment of .the community's needs and resources; '2. Evaluate and monitor community programs and services to determine their impact on youth; 3. Provide a mechanism whereby all youths and their families with needs for services will be linked to appropriate services; 1 1 3 *'. aooK 14 :q~:~~3 4. Attempt to resolve agency policies and procedures that make it. difficult for youths and their families to receive services. The County Administrator of the County of Isle of Wight, Virginia, is hereby directed to coordinate the creation of said Youth Services Citizen Board, and the filing of applications for grants, with the Director of the Department of Youth and Family Services for the Commonwealth of Virginia pursuant to Title 66 of the Code of Virginia of 1950, as .amended. The. motion passed unanimously (5-0). Supervisor Bradshaw moved the .Board appoint Mary Catherine Foster to the Youth Services Advisory Board. The motion passed unanimously (5-0). Supervisor Bradshaw moved the Board .appoint Della Stokes to the Youth Services Advisory Board. The motion passed unanimously (5-0). Supervisor Edwards moved the Board appoint Tom Queen to the Youth Services Advisory Board.. The motion. passed unanimously (5- O) . County Attorney Crook advised that the Youth Services Advisory. Board could have citizens in governmental agencies- and elected governmental officials; however, these appointed citizens could not constitute a majority of the Board. 1 // At 8:30 P.M., Supervisor Bradshaw moved the Board continue the meeting after the Public Service Authority meeting.. The, motion passed unanimously (5-0). ' // Supervisor Turner moved the Board take a ten-minute break before starting the Public Service Authority meeting.. The motion passed unanimously (5-0). // I Upon returning to open session, Chairman Bradby called for the County Administrator's report. Gerald Gwaltney, Commissioner of the Revenue, stated he had received correspondence from the County Administrator and County Attorney regarding the assessment of trucks over two tons and recommended time be given to study the impact of any changes. in the assessment. and. bring a report back- to the Board for -their consideration. 1 Supervisor Ross moved the Board request the Commissioner of the Revenue perform a study and report the results back to the ' Board at the July 18, 1991 meeting. The motion passed unanimously (5-0) . County Administrator Standish presented a resolution to appropriate the County's next quarterly 'share oE:the regional jail project costs. Whereupon, Supervisor Ross moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SEVEN HUNDRED EIGHTEEN THOUSAND SIX. HUNDRED EIGHTY DOLLARS FROM THE 1990 BOND ISSUE PROCEEDS FOR THE WESTERN TIDEWATER REGIONAL JAIL WHEREAS, the Board of Supervisors of the County of Isle of ' 4 aooK 14 ~ac~~~`~~7 Wight, Virginia, has approved the construction of the Western Tidewater Regional Jail; and, WHEREAS, the funds in the amount of Seven Hundred Eighteen Thousand Six Hundred Eighty dollars ($718,680) need to be appropriated from the 1990 Bond Issue Proceeds to the Western tidewater Regional Jail, construction line item in the 1991-92 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 Seven Hundred Eighteen Thousand Six Hundred Eighty dollars ($718,680) from the 1990 Bond Issue Proceeds be appropriated to line item 14- 03-033-3.302-7016, Western Tidewater Regional Jail, construction in the 1991-92 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 and to do all the things necessary to give this resolution effect. The motion passed unanimously (5-0). County Administrator Standish requested the Board's authorization to apply for a beautification grant to augment funds already appropriated in .the budget. Supervisor Edwards moved the Board adopt the following resolution: RESOLUTION TO APPROVE THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION FOR THE GATEWAY BEAUTIFICATION PROGRAM .AND TO ACCEPT AND APPROPRIATE TWELVE THOUSAND FIVE HUNDRED DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE GREEN VIRGINIA FOUNDATION WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia,. is approving the development and submission of an application for a grant from. the Green Virginia Foundation for the Gateway Beautification Program; and, .WHEREAS, the funds in the amount of twelve thousand five hundred dollars .($12,500) or so much as shall be received from the .Green Virginia Foundation need to be appropriated to the Gateway Beautification Program in the 1991-92 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 twelve thousand five hundred dollars {$12,500) or so much as shall be received from the Green Virginia Foundation be appropriated in the 1991-92.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 grant and to do all the things necessary to give this resolution effect. The motion passed unanimously (5-0). County Administrator Standish stated that previously-the County had received free data processing services from-Paul D. Camp Community College; however, due to State budget cuts, the college's ability to provide such has forced the college to propose a-cost to the County over the next three years of approximately-$21.4,000. County Administrator Standish recommended that the County advise the college that the County can handle its own data processing at the same or less cost than what the college will charge which will .give the County more flexibility and direct control over operations and software development. In addition, the County owns all the 1 1 5 ,: aooK ~4 ~~c~ i7 data processing equipment located at the college and Southampton County is building office space which will accommodate same. U Supervisor Turner moved 'the Board authorize a response' to Paul D. Camp Community College noting the two counties' ability to develop their own data processing system, and to offer the college an opportunity to respond with a reduced cost estimate and the provision of more direct control over activities. The motion passed unanimously (5-0). County Administrator Standish.. presented information to the Board concerning Blue Cross/Blue Shield health coverage and requested the. Board review the material and be prepared to discuss same at the July 3, 1991 meeting. // Chairman Bradby called for New Business. Chairman Bradby requested the Board's assistance in providing funds for a new well at the Rushmere Volunteer Fire Station. .Supervisor Turner moved the Board direct County staff to .prepare. specifications for a well, pump, and storage tank to .include a surplus tank. Supervisor Turner further moved that bids be solicited and report -back to the Board. The motion passed unanimously (5-O). 1 // Chairman Bradby called for Old Business. 1. The application of Benns Church Properties to amend the operation plan of the "Jackson borrow pit", which is located off the west side of Route 10, between Route 644 and Route. 620 in Newport Magisterial District. The amended plan requests an increase in acreage. to be excavated from twenty-five (25) acres to .forty-five (45) acres and also requests five (5) years extension on the life of the permit. (This matter received a tie vote at the June 6, 1991 meeting of the Board. The tie breaker indicated he would be prepared to caste his vote at the June 20, 1991 meeting of the Board.) 2. The. application of Benns Church Properties to .amend the operation plan of the "Fedonchuk borrow pit", which is located off the west side of Route 10, between Route 644 and Route 620 in the Newport Magisterial District. The amended plan requests a reduction in acreage to be excavated from thirty-three and one- half (33.5) acres to twenty-five (25) acres and also requests five (5) years extension on the life of the permit. (This matter received a tie vote at the June 6, 1991 meeting of the Board. The tie breaker indicated he would be .prepared to cast his vote at the June 20, 1991 meeting of the Board.) 1 County Attorney Crook reminded the Board that the. June 6, 1991 motion by Supervisor Ross was to approve both .applications with Supervisors. Bradshaw and Edwards voting against the motion. Chairman Bradby and Supervisor Ross voted in favor of the motion with Supervisor Turner abstaining. 0. A. Spady, the tie breaker, stated five years ago he was 6 • ~ ' r I ~~ eo~K 14 ~~~~~:~ also asked to ,.break a tie in which he voted to approve an application although he was not in favor of borrow pits. Mr. Spady further stated his opinion of borrow pits has not changed and that there are approximately 450 acres of borrow pits in the County of which some. are private and that the pits that Benns Church Properties and Lsle of Wight Materials Company are working amounts to approximately 167 acres. Mr. Spady continued the time limit of five years was established to allow the County to keep better control of the pits and that he felt the move from nine acres across to the Jackson property would be best because it takes the pit from near occupied dwellings; however, he is not in favor of increasing it to twenty acres because it would be creating a. new pit of twelve-more acres... Mr. Spady stated he did .not believe the County should .open any new pits without closing or reclaiming some of the pits in operation, but he would extend the five year time limit because of financing requirements from banks. Mr. Spady stated to break the tie, he was voting to defeat the motion to approve the pits. The tie vote was broken and the motion defeated 3 to 2. Supervisor Turner asked County Attorney Crook if there was an alternative for the applicant to address the concerns of the tie breaker to make an adjustment in the acreage so that a new motion could be considered. County Attorney Crook stated the tie breaker had indicated that he would favor moving the permitted eight and one half"acres from the Fedonchuk parcel to the Jackson parcel,. but not an increase of twenty acres to the Jackson pit. County Attorney Crook continued. if the applicant wished to consider this, the applicant may do so, and it could be brought back to the Board. Supervisor Turner stated the site on the application is a thirty acre .site with it being limited to twenty acres within that site based on the advice of the Corps of Engineers. The same thirty acres could be restricted to nine acres or so. County Attorney Crook informed Supervisor Turner that because it was a reduction in size he could ask the Board to consider. approving the eight and one half acres on the Jackson property-to be located within the thirty acres shown on the. application form. Supervisor Turner stated that the location being moved away from the houses is a plus because the neighbors have supported this and the five years is a matter of operating the business. Supervisor Turner further stated the size of the lake is really more of a factor than the size and suggested that the depth of the materials involved in the nine acres is approximately thirty feet deep and is deeper than the material at the other location although it is not as good a quality, that .the Board give consideration to somewhere between eight and twenty acres which would cover the same volume of dirt involved. County Attorney .Crook stated that the application on the Fedonchuck application to reduce from thirty three and one .half acres to twenty five acres Supervisor Turner could ask the Board to approve since that is what O. A. Spady has indicated he was in favor of. The Jackson borrow pit,. where Supervisor Turner had. requested an increase from twenty five acres to forty five acres,- would now be reduced to an increase from twenty five acres to thirty three and one half acres as suggested by Mr. Spady. Supervisor Turner stated consideration was that it be fourteen acres instead of the twenty because the same amount of dirt was being involved and that if the Board did not wish to consider this, he was in a position that he did not want to dig the lake where it was proposed behind the houses. Supervisor Turner stated if both motions were defeated, he would have no alternative but to go ahead and dig it there. 7 . •. ~~~n 14 ;N~:~ ~~~ 1 1 County Attorney Crook stated that O. A. Spady had stated that he would-agree to the eight and one half acres being removed from the Fedonchuk pit and added to the Jackson pit, but that Supervisor Turner was proposing that eight and one half acres be taken from the Fedonchuk pit and. reduce the Jackson pit from forty five to only thirty seven and one half acres. This would be an increase of fourteen (14) acres to the Jackson pit rather than eight and' one-half acres. Supervisor Edwards stated he was concerned with extending the time limit. before other pits have been reclaimed. Supervisor Turner stated he was amending the applications to comply with O. A. Spady's recommendation and requesting the Board to act on the .amended applications now. Supervisor Ross moved-that the Board approve the request to reduce the Fedonchuk pit as requested by Supervisor Turner and increase the Jackson borrow pit from twenty five to thirty three and one-half acres. The motion passed (3-1) with Supervisors Ross, Bradby and Bradshaw voting in favor, and Supervisor Edwards voting in opposition, and Supervisor Turner abstaining. // Chairman Bradby called for Appointments. Supervisor Turner-moved the Board reappoint William Sawyer to the Tradesmens' Certification Board. The motion passed unanimously (5-O). // Chairman Bradby called for approval of the" May 16, 1991 minutes. Supervisor Edwards moved the Board approve the amended minutes on Page 12 to reflect one member was absent during the Executive Session vote and two members were absent during the Executive Session meeting. - The motion passed unanimously (4-O) with Supervisor Ross abstaining. // At 10:35 P.M., Supervisor Ross moved the Board adjourn. The motion passed unanimously (5-0j. Henry H: Bradby, Chaff"rman „ ~/ . ~ /'~ Myles E./1Standi~h, Clerk 1 8 I • ~ # '