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07-03-1991 Regular Meetingf ~a~K 14 ~AG~~4~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF JULY 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-the :County Administrator Carey H. Mills, Assistant Clerk .Chairman Bradby called the meeting to order at 2:03 P.M. The invocatipn was delivered by Chairman Bradby. // Chairman Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer with the Virginia Department of Transportation stated a previous study on Route 603 between Morning Star .Baptist Church and. Chapel Grove Church had been accomplished last year, but another study would be completed with regards to Supervisor Edwards' request. Mr. Neblett stated the road surface itself would require setting up a project in the six-year plan. Mr. Neblett presented a resolution adopting the Secondary Improvements Budget for 1991-92 fiscal year. The Chairman called for public comment. There was none. Supervisor Turner moved the Board 'adopt said resolution as follows: A RESOLUTION ACCEPTING AND APPROVING. THE ISLE OF WIGHT COUNTY PRIORITY LIST AND 1991-92 CONSTRUCTION BUDGET. WHEREAS, the Isle of Wight County Board of Supervisors and the Virginia Department of Transportation held a public hearing on July 3, 1991 to solicit citizens' comments and recommendations concerning the County's Priority List and the 1991-92 Secondary Construction Budget; and, WHEREAS,- comments and recommendations received from the aforementioned hearing do not warrant changing the County's Priority List and the 1991-92 Secondary Construction Budget; NOW, THEREFORE, BE IT RESOLVED that the Board of .Supervisors of Isle of Wight County-does hereby accept and approve the County's Priority-List and the 1991-92 Secondary Construction Budget, hereto attached., and made a part hereof, reference thereto being hereby specifically made, which contains construction projects and railroad protection projects as presented to the Board. The motion passed unanimously (5-0). Stephanie Hanshaw, District Traffic Engineer for the Virginia Department of Transportation asked for the Board's support in seeking a resolution from. the County restricting marine traffic and raising of the draw bridge during the A.M. and P.M. peak motor traffic hours on the James River Bridge. Supervisor Turner moved the Board adopt a .resolution as articulated by the County Attorney as follows: 1 1 1 aooK 14 , a;~~41 A RESOLUTION IN SUPPOR'~. OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S RESTRICTING THE OPENING OF THE JAMES RIVER BRIDGE FOR SHLPS DURING THE PERIOD OF PEAK MOTOR VEHICLE TRAFFIC I~ WHEREAS, the Virginia Department of Transportation has proposed that the United States Coast Guard restrict opening the James River Bridge draw span for marine traffic during periods of heavy motor vehicle traffic across .said- bridge Monday through .Friday; and, WHEREAS, opening the draw span during peak motor vehicle traffic causes motor vehicle traffic to back up on Highway 17, Carrollton Boulevard, in Isle of Wight County; and, WHEREAS; such congestion results in traffic accidents, further. motor vehicle_ delays by inoperable vehicles, wasted fuel and increased air pollution. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia: 1. That .the Board of Supervisors hereby finds that opening the James River Bridge draw span during periods of peak motor vehicle traffic has a significant detrimental effect on the County of Isle of Wight by increasing motor vehicle traffic congestion.,: accidents and .air pollution. 2. That the Board of Supervisors of Isle of Wight County; Virginia, supports the request of the Virginia Department of Transportation that the United States -Coast Guard restrict the opening of the draw span of the James River Bridge during periods of peak motor vehicle traffic, especially during the period of .4:00 p.m. to 4:30 p.m. on Monday through Friday. 1 1 3. That a copy of this resolution be sent to the Commander. of the Fifth Coast Guard District and to the District Engineer of the Virginia Department of Transportation. The motion passed unanimously (5-0). Following discussion by. the Board members, Supervisor Turner moved the Board adopt the following resolution: A .RESOLUTION IN SUPPORT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S CONSTRUCTION OF A NEW JAMES RIVER CROSSING BETWEEN SURRY COUNTY AND JAMES CITY COUNTY WHEREAS, the Virginia Department of Transportation has. studied the feasibility of the construction of a new bridge crossing of the James River between James City County and Surry County;. and, WHEREAS, the Virginia Department of Transportation has concluded cost benefit. analyses which 'has recommended that the planning and design of such anew .bridge crossing should commence; and, WHEREAS, the continued use of the Jamestown/Scotland ferry system causes undue hardship for commuters and has a significant, negative impact on the economic development of the adjacent localities; and, WHEREAS, the counties of Surry, Southampton,. Prince George and Sussex have expressed their support for a new James River crossing as the most appropriate and beneficial alternative to continued ferry .service, as well as to enhance the economic development opportunities in the localities-that would benefit from such a project. NOW,. THEREFORE, BE IT RESOLVED by the 8aard of Supervisors of 2 Isle of Wight County that the Virginia Department of Transportation be urged to commence the appropriate planning and design work and begin the process to allocate the necessary funds for construction of a new crossing of the James River between Surry County and James City County. BE IT FURTHER RESOLVED that the County Administrator be directed to forward .copies of this resolution to the Commissioner of the Virginia. Department of Transportation, to the County's legislative delegation, and to representatives of adjacent interested localities. The .motion passed (4-1) with all members voting in favor except Supervisor Edwards who voted against the motion. Chairman Bradby called for comments by the Board. Supervisor Bradshaw requested the placement of a sign on Route 609 at the crossroads. Mr. Neblett stated he would check into the matter. Chairman Bradby called. for comments by citizens. Grace Keen stated there was a large mound of dirt on Cherry.. Grove Circle which caused driving views to be limited. Lois Duck requested Route 603 be improved by installing lights in the area and also posting of new numbers at the edge of the driveways. Mr. Neblett stated this road would be put in the Plan for a complete resurfacing and a speed limit study would be accomplished. // Chairman Bradby called for the following rezoning public hearings: 1. The application of the Robert H. Drew Estate, owner and J. R. Ferguson, Jr., prospective owner for a change in zoning classification from A-1, Agricultural Limited to R-MH-A, Rural Mobile Home. District, approximately one (1) .acre of land located off the west side of Route b83, between Route 680 and Route 681, in 'Hardy Magisterial. District. The purpose of the application is for the permanent location of a mobile home. Chairman Bradby called for citizens to speak in favor. Joseph Ferguson appeared and spoke on behalf of the applicants. V. L. Everett, an adjoining property owner, spoke in favor. Chairman Bradby called for comments. against the application. James Wells, an adjoining property owner appeared and stated he had not been informed of the applicant's intentions and that he did not mind one mobile home being placed there, but did not want several mobile homes placed on the property later. Chairman Bradby called for comments by the Board. Supervisor Ross stated this request was not in keeping with the recently adopted Comprehensive Plan as pointed out by the Planning Commission. Supervisor Bradshaw stated he could only support the application if Mr. Ferguson owned the land. 3 1 1 A~~K 14.,~~~-~~3 Supervisor Turner moved the Board approve the application of Robert H. Drew. The motion passed (4-1) with all members voting in favor except Supervisor Bradshaw who voted against the motion. u 2. The application of William F. and Helen P. Carter for .a change in zoning classification from B-1, Business General to R-1, Residential Limited, approximately one (1) acre of land located on the north side of Route 704, between Route 665 and Jones Creek, in Newport Magisterial District. The purpose of the application is ..for a single family residential lot. Chairman Bradby called for citizens to speak in favor. William Carter .appeared on behalf of the applicants. • Chairman. Bradby called for citizens to speak in opposition. No one appeared. Chairman Bradby called for comments by the Board. Supervisor Turner moved the Board approve the application of William F. and Helen P. Carter., The motion passed unanimously (5- 0) . 3. The application of James W. and Pearl B: Jones for a change in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential, approximately twenty (20) acres of land located off the south side of Route. 648, between Route 614•and Route 641, in Windsor Magisterial District. The purpose of the application is for no more .than three (3) rural residential lots. 1 Chairman Bradby called 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 the Board. Supervisor Bradshaw moved .the Board approve the application of James W. and Pearl B. Jones. .The motion passed (4-0) with Supervisor Edwards-absent for the vote. // Chairman Bradby called for Citizens Comments. Grace Keen requested the status of her previous request to the Board to consider a tax exemption for handicapped, and elderly citizens with an income of $6,000 or less. County Administrator Standish stated the matter had been referred to the Commissioner of the Revenue who was to report back to the Board and that he would check with the Commissioner of Revenue on the status of the matter. Peggy Goodwin requested the Board review her child's school records which indicated passing grades; however, her child was held back because of reading scores. County Attorney Crook stated that Ms. Goodwin was appearing before the wrong board for a school matter. County Attorney Crook suggested that Ms. Goodwin submit her complaint to the schools 4 . .U OI'11 .L i Flivr~ 1~ administration -and if not satisfied she could appear before the School Board. Supervisor Bradshaw requested County Attorney Crook to look into the matter. R. L. Walker stated as the governing body of Isle of Wight County, the Board should be aware of existing problems the citizens have been experiencing with the School Board. David Olson urged the Board not to support the $24 million dollar schools proposal. James Wells stated he had been having a problem with loose dogs in the County killing his livestock and requested that a leash law be required in his community. Bob Goerger gave a brief presentation on the drought conditions in Isle of Wight County and asked for the Board's consideration in drafting a resolution to the Governor's office to ask that Isle of Wight County be declared a disaster. area. Supervisor Turner moved the Board request the County Attorney to prepare a resolution to be sent to the Governor's office to ask that Isle of Wight County be declared a disaster area, specifically pertaining to the loss of the corn crop. The motion passed unanimously. (5-0). // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, stated the Emergency 911 response manuals were recently received from MSAG of which. the County has an excess number of copies and that he had received phone calls from surrounding businesses requesting such manuals for non-emergency purposes. Mr. Caskey further stated that MSAG has advised that $90 to $100 per book for sale purposes would be an appropriate amount to charge if the Board desired to sell such books.. Supervisor Ross stated he would support selling the manual to businesses such as United Parcel Service; however, he would not support the sale of the manual to mail order catalogue businesses. Supervisor Turner .asked if the County could restrict the sale. of such manuals. County Attorney Crook stated he will review the matter and report back. to the Board to determine non-public use of the 911 Emergency Response manuals. // At 4:00 P.M., Supervisor Turner moved the Board take a ten- minute recess and begin the Public Service Authority meeting. The motion passed unanimously (5-O). // At 4:30 P.M., upon returning to session following the Public Service Authority meeting, Chairman Bradby called for the County Attorney's report. County Attorney Crook stated the transaction for the purchase of the. property for the Carrollton Elementary School. has been completed and the School Board is now requesting appropriation of the funds. Whereupon, Supervisor Turner moved the Board adopt the following resolution: 1 1 1 5 B~QK ~~ +lS~:~~ i 1 1 1 RESOLUTION TO" APPROPRIATE ONE HUNDRED NINETY-SIX THOUSAND SEVEN HUNDRED NINETY DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR .SCHOOL BOARD PROPERTY ACQUISITION WHEREAS, the Board of Supervisors of the County of Lsle of Wight, Virginia, has approved the acquisition of property for School construction; and, WHEREAS, the funds in the amount of One Hundred Ninety-Six Thousand Seven Hundred Ninety- Dollars ($196,790) need to be appropriated from the unappropriated fund balance to the School Board Property Acquisition 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 One Hundred Ninety-Six Thousand Seven Hundred Ninety Dollars ($196,790) from the unappropriated fund balance be appropriated to the School .Board Property Acquisition line item 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 (4-1) with all members voting in favor except Chairman Bradby who voted against the motion. // Chairman Bradby called for the County Administrator's report. Judy Begland introduced Shawn Brown, Vice President of Job American Import/Export Management, a seafood processing fac-ility considering locating in the County. Shawn Brown stated the operation would consist of processing soybeans into feed as well as soybean oil and would employ approximately 40 to l00 people. Ms. Brown stated the operation would be located at the Pet Food Factory in Smithfield. County Administrator: Standish stated the County could make afi application to the State to provide funding for the feasibility analysis, engineering and architectural work. Supervisor Edwards stated for the record that as far as he was able to quickly. ascertain no one represented by his firm has any interest in this property which would preclude him from voting on the matter. Chairman Bradby moved the Board adopt .the. following resolution: RESOLUTION APPROVING AND AUTHORIZING THE SUBMISSION OF REQUESTS FOR GRANT FUNDS TOTALLING TWENTY-FIVE THOUSAND DOLLARS ($25,.000) FOR ENGINEERING AND SITE DEVELOPMENT WHEREAS, financial assistance is available to Isle of Wight County through the Virginia Community Development Block Grant Program; and, WHEREAS, the County of Isle of Wight is eligible to apply for such assistance, and is in need of the provision of such assistance to encourage economic development activities; and, WHEREAS, the County of Isle of Wight .has .accomplished all requirements relative to the development of application for funding, requesting grant assistance in the amount of twenty-five thousand dollars ($25,000) to provide for the engineering and site 6 ao~K 14 ;~~~ g4~; development of,a property as well as project feasibility for Job American Management, Ltd. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia that: 1. The. County Administrator, as chief administrative officer, is hereby authorized to undertake all activities relative. to the development of application for filing with the Virginia Department of Housing and Community Development. 2. The County Administrator is authorized to file appropriate application, including all undertakings and assurances contained- therein with the Department of Housing-and Community Development. BE IT FURTHER RESOLVED that a true and correct copy of this resolution, as adopted by the Board of Supervisors, be made a part of the official minutes of the regular meeting of the Board of Supervisors of July 3, 1991. The motion passed unanimously (5-O). Supervisor Ross moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ONE THOUSAND TWO HUNDRED NINETY-FIVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MOTOR VEHICLES FOR THE HIGHWAY SAFETY PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded a grant from the Commonwealth of Virginia, Department of Motor Vehicles, .for the highway .safety program; and, WHEREAS, the funds in the amount of one thousand two hundred ninety-five dollars ($1,295) to be received from. the Commonwealth of Virginia, Department of Motor Vehicles need to be appropriated to the Highway Safety Equipment. line item in the 1990-91 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one thousand two hundred ninety-five dollars ($1,295) to be received from the Commonwealth of Virginia., Department of Motor Vehicles be appropriated to line item 28-5121-7002, .Highway Safety Equipment ($1,2.95), in the 1990-91 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). Supervisor Turner moved -the. Boa-rd adopt. the following resolution: RESOLUTION TO ACCEPT AND. APPROPRIATE EIGHTEEN THOUSAND FIVE HUNDRED SIXTY-FIVE DOLLARS FROM. THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF FIRE PROGRAMS FOR THE COUNTY'S VOLUNTEER FIRE DEPARTMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funds from the Virginia Department of Fire. Programs for the County's Volunteer Fire Departments. WHEREAS, the funds in the amount of eighteen thousand five 7 1 1 .. R~nK 14 :,~4'7 hundred sixty-five dollars ($18,56.5) to be received from the Virginia Department of Fire Programs need to be appropriated to the Volunteer Fire Department 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 eighteen thousand five hundred sixty-five dollars ($18,565) to be received from the Virginia Department of Fire Programs be appropriated to line item 11-3202E-5604A Carrollton Volunteer Fire Department ($3,713); line item 11-3202E-5604B Carrsville Volunteer Fire Department ($3,713); line item 11-3202E-5604F Rushmere Volunteer Fire Department ($3,713); line item 11-3202E-5604D Smithfield Volunteer Fire Department ($3,713); and line item 11- 3202E-5604E Windsor Volunteer Fire Department ($3,713) in the 1990- 91 budget of the County of Isle of Wight, Virginia. . 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 the School system and County work cooperatively each year to bid the County's fuel supplies and presented a spreadsheet indicating the bids received this year. Supervisor Turner moved the Board accept the four low bids as accepted by the School Board. The motion passed unanimously (5- o) . 1 County Administrator Standish informed the- Board that a proposal for a master plan of the Government Center would be on the next agenda. He also recommended that a water storage tank be coordinated with and .included in the current capital improvements effort. County Administrator Standish stated the Board had previously received information regarding the County's Blue Cross/Blue Shield health insurance program. Scott Wells with Blue Cross/Blue Shield presented an overview of the current health insurance program and its coverages indicating the County's rates would have to increase because c aims exceeded premiums for the past year. County Administrator Standish stated Sam Rosenthal, the County's insurance consultant, is present who can give the Board direction on the alternatives available and recommended the Board go into Executive Session later in the meeting. County Attorney Crook advised that the Board could go into Executive ..Session if they were going to discuss claims of individuals and their impact on the proposed rate increase. // Chairman Bradby called for New Business. Supervisor Edwards. requested County staff to come up with other funding alternatives and criteria for the installation of new streetlights. // Chairman Bradby called for Old Business. Supervisor Bradshaw requested the status of the agreements regarding. the HRSD line. 8 _ eao~ 14.~u.~~. County Administrator Standish stated the proposed HRSD agreements relative to sewer service for the northern and central areas- of Isle of Wight had been given to the Public Service Authority Attorney, William K. Barlow and the County Attorney, H. Woodrow Crook, Jr., for their review. County Administrator Standish further stated the projects would require approximately two to three-years on Route 460 and up to four -years on the northern route to Smithfield Foods; and at this point would only require the Board's decision on when they would like to enter the agreement with HRSD to extend the sewer lines. Supervisor Edwards moved that. Chairman Bradby be authorized to appoint a committee of two Board members to discuss with Suffolk their preference on an HRSD route within the City of Suffolk and directing the County Administrator to invite the. HRSD representative and. the land use consultant to the next meeting. The motion .passed unanimously (5-0). Chairman Bradby moved the Board appoint Supervisors Ross and Turner to talk with Suffolk City Council regarding the HRSD route in Suffolk.. The motion passed unanimously (5-O). Supervisor Edwards requested the County Administrator send a copy of the present custodial contract and RFP from the previous year to the Board members.. // Chairman Bradby called for Appointments. Supervisor Turner moved the Board appoint Judy Begland to the Tourism Committee. The motion passed unanimously (5-0). County Administrator Standish recommended that the appointments to the Youth Services-Board be for staggered terms. Supervisor Edwards moved the appointment of Mary Catherine Foster to the Youth Services Board made at a prior meeting be for a two-year-term. The motion passed unanimously (5-0). Supervisor Edwards moved the prior appointment of Della Stokes to the Youth Services Board be for a two-year term. The motion passed unanimously (5-0). Supervisor Edwards moved the prior appointment of Tom Queen to the Youth Services Board be for a one-year term. The motion passed unanimously (5-0). Supervisor Edwards moved the Board appoint Alan Nogiec and Curt More as ex-officio. members to the Youth Services Board for terms of three years. The motion. passed unanimously (5-0). // Chairman Bradby called for approval of the June 6, 1991 minutes of the Board. .Upon recommendation of County Attorney Crook to amend Pages 8 and 9, Supervisor Ross moved the Board approve-the June 6, 1991 minutes as amended. The motion passed unanimously (5-0). // County Attorney Crook recommended the Board go into Executive Session pursuant to Section 2.1-344 Al of the Freedom of Information -Act concerning personnel matters as it relates to insurance and early retirement. At 5:45 P.M., Supervisor Turner moved the Board go into 1 1 9 801( 14 ~nv~~~~ :l Executive Session for the reasons stated by County Attorney Crook. The motion passed unanimously (5-0). At 6:30 P.M., upon returning to open session, Supervisor Edwards 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 to an affirmatiYe recorded vote and in accordance with the provisions of the Virginia Freedom oP 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. VOT AYES: 5 NAYS: 5 1 ABSENT DURZNG VOTE: 0 ~_. ABSENT DURING MEETING: 0 The motion passed unanimously (5-0). Supervisor Ross moved the Board direct County Administrator Standish to bring back a renewal contract relative to Blue Cross/Blue Shield and have Sam Rosenthal, the County's insurance advisor, to prepare an analysis and report back to the Board within ninety days. The motion passed unanimously (5-0). // At 6:35 P.M., Supervisor Ross moved the Board adjourn. The motion passed unanimously (5-Oj. Henry H. Br dby, Chairman 10