10-03-1991 Regular Meeting.... ~r
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE THIRD DAY OF OCTOBER. IN THE YEAR NINETEENTH 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 2:00 P.M. The
invocation was delivered by Supervisor Bradshaw.
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Chairman Bradby called for Transportation Matters.
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation, stated the Route 661 project on Sugar Hill Road is
continuing under construction and the project on Orchard Lane has
been completed with the exception of the last seal coat of tar and
stone which will be completed in the spring. Mr. Neblett further
stated a pre-construction conference on Route 620 will be held this
month with the contractor for the second section that will be built
known as Scotts Factory Road. Mr. Neblett continued VDOT is in the
process. of putting concrete jackets on the Route 681 bridge over
Stallings Creek -and timber deck .and wooden rail were being placed
on the Route 632 bridge over Corrowaugh Swamp. Mr. Neblett stated
this month VDOT would be doing final mowing for the season on the
primary and secondary highways in the County and is in the process
of preparing snowplowers and chemical spreaders. for the oncoming
winter season.
Chairman Bradby called for comments by the Board.
Supervisor Bradshaw inquired about the status of the tree in
the highway on Route 641.
Mr. Neblett stated VDOT was presently working with the utility
company to remove the tree.
Supervisor Bradshaw stated the ditch needed cleaning out near
the church in Carrsville.
Mr. Neblett replied he would check into the matter.
Supervisor Turner stated the ditch needed cleaning out going
into Rescue past Battery Park.
Mr. Neblett replied he would check into the matter.
Chairman Bradby stated the no-parking signs in the Thomas Park
area were creating problems due to the lack of parking spaces.
Mr. Neblett replied he would check into the matter.
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Chairman Bradby called for citizens with highway matters.
No one appeared.
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Chairman Bradby called for a public hearing on the followings
Consideration by the Board of Supervisors to lease
approximately one acre of land fronting on State Route
699 which is fenced in and has previously been used by
the County of Isle of Wight Public Works Department for
storage
Chairman Bradby called for citizens to speak in favor.
Parks Laughinghouse, resident on Route 699, stated the cost
to the County to maintain the road was minimal now, and urged the
Board to make sure that the lease money received would cover the
projected increased cost of maintaining the road due to heavy
vehicle traffic.
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 authorize the County
Attorney to prepare a lease and bring it back to the Board. The.
motion passed unanimously (5-0).
Chairman Bradby called for a public hearing on the followings.
The application of Union Camp Corporation for a
Conditional .Use Permit to operate a borrow pit,
containing 105 acres of land, located on the west side
of Route 615, between Route 615 and Route 616, in Windsor
Magisterial. District
John Woltman appeared to speak on behalf of Union Gamp
Corporation. Mr. Woltman stated the site of the borrow pit was
located well off of any public road and is a site adjoining. the
existing landfill site. Mr. Woltman further stated the purpose of
the borrow pit is to get clay material for the clay cap that is
required by State law for placement on top of the landfill being
reclaimed. Mr. Woltman continued that once in operation, there
would be no vehicles using public highways and a •400 foot buffer
would be between the proposed borrow pit and the roadway.
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 the Board.
Supervisor Edwards requested the number of borrow .pits
operated. by Union Camp in the County.
Mr. Woltman replied he was unsure if Union Camp had any borrow
pits in operation in the County at this point; however, Union Camp
had never had any enforcement action taken against them for non-
compliance with County of State regulations.
Supervisor Bradshaw moved the Board approve the application
of Union Camp Corporation. The motion passed unanimously (5-0).
//
Chairman Bradby called for Citizens Comments.
Bill Barrett requested that the Justice Department again be
contacted regarding the change in the polling place .from the
Carrsville Fire Station to the Carrsville Community Center.
.Supervisor Turner moved the Board request the County Attorney
contact the Justice Department regarding their decision on the
change of the polling place from the Carrsville Fire Station to the
Carrsville_.Community Center. The motion passed unanimously (5-
0).
Grace Keen stated that the County is operating along the lines
of optional forms of government rather than strictly traditional
with the exception .of having one supervisor elected at larger and
the appointment of School Board members by the Board, which are
changes that would be welcomed by many of the County.. citizens.
Mrs. Keen further stated her concern is the method by which the
School Board members are elected and the need to consider changing
this method. Mrs. Keen continued the preferred method of most
citizens seems to be election;-.however, this option is not
available. Mrs. Keen stated by changing this method, it would
bring the process closer to the citizens.
Supervisor Bradshaw stated he would also prefer that the
citizens elect the School Board members, but with the County's
current form of government, this was not possible. Supervisor
Bradshaw further stated he would like for the County Attorney and
County Administrator to research the matter and bring back a
recommendation to the Board as to possible alternative forms of
government for the Board to consider.
County Attorney Crook replied that there are several farms of
government available to the County, but all require a referendum.
He stated further that the process of selecting School Board
members can be changed from School Selection Commission to
appointment by the Board of Supervisors; however, it is necessary
to have a petition signed by five percent of the voters in order
to have the required referendum. He stated that Mrs. Keen is
requesting the Board to seek an amendment to the statute which
would allow the Board of Supervisors to request the referendum as
an alternative to the petition requirement.
Chairman Bradby stated he would like to see the citizens be
able to participate in the election of School Board members.
David Olson stated he had worked diligently over the last
several months to bring about a change in the School Board and the
way it is operated. Mr. Olson stated the citizens today do not
feel they have any redress to hold the School Board members
accountable for their actions; therefore, he would support the
Board bringing the matter to the legislature.
Alan Bradby stated he felt that the present method of
selecting School Board members does not allow citizens an adequate
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input into the direction the educational system should take and
urged the Board to take appropriate action to allow the Board to
make School Board member selection.
Supervisor Turner moved that the Board request that selection
of the School Board members by the Board of Supervisors be put in
the legislative package to be presented at the General Assembly.
The motion passed unanimously (5-0).
Supervisor Turner then moved that the Board direct the County
Attorney and County Administrator to analyze the present form of
government being used by the County with the present changes
authorized today and bring back a comparison of the other forms
available to the County to the Board for discussion. The motion
passed unanimously (5-0).
//
Chairman Bradby called for the Community Development. report.
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated previously approval was granted by the Board
for a conditional rezoning and special use permit for a proposed
coal ground storage facility to be operated by Norfolk & Western
Railway Company. Mr. Caskey further stated as part of the package
of proffered conditions submitted by Norfolk & Western, there was
a potential for a request for the abandonment of a portion of Route
608 which runs through the Norfolk & Western's property.
Lynn Dutton, General Solicitor for Norfolk & Western Railway
Corporation, stated after having achieved the approval for a
conditional use permit, Norfolk & Western Railway Corporation has
taken title to all but one tract of land in the 1,600 acre site
that is proposed to be used for the coal ground storage facility.
Ms. Dutton further stated the one remaining tract is under option
and Norfolk & Western Railway Corporation strongly believes
abandonment of Route 608 would be in the best interest of public
safety and welfare.
County Attorney Crook stated he had analyzed the statute which
requires more notice requirements than most statutes for action by
the Board. County Attorney Crook stated it would appear to him
that in order to meet the notice requirements in the statute, it
would take a minimum of thirty days and suggested the public
hearing be the second meeting in November.
Supervisor Bradshaw moved the Board advertise a public hearing
on the abandonment of a portion of Route 608 -for the November 21,
1991 meeting of the Board. The motion passed unanimously (5-0).
Mr. Caskey stated that because of the 911 emergency system:
being implemented, there are citizens who now have street names and
addresses as opposed to rural and route numbers who need to change
their address on their drivers license. Mr. Caskey further stated
that citizens can mail a change of address card to DMV in Richmond
or the local office who would send a card back to the citizen, at
no cost, listing the correct address to be carried with their
drivers license.
Supervisor Ross requested that a public notice be placed in
the newspapers and in prominent places around the Courthouse
notifying individuals that they can send a change of address to DMV
who would send back a card indicating the correct address of the
individual to be carried with their drivers license.
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Chairman Bradby stated he had received a call from a resident
of .Littleton Estates Subdivision where the developer had not
finished the road to the extent that it would be accepted into the
State system and the developer had a recreational lot he would .like
to sell to use the money to bring the road into compliance with the
Virginia Department of Transportation.
County Attorney Crook stated .the proposal is to sell the
recreational lot and use the money to finish. the road. County
Attorney Crook further stated an attorney has been retained who is
corresponding with him presently and the Board would be requested
by him to vacate the recreational lot from the plat. County
Attorney Crook continued that he had also received calls from
landowners within the subdivision who will oppose this and want to
be heard when the Board has a public hearing to consider vacating
the recreational lot from the plat.
Mr. Caskey stated he would be coming to the Board at the next
meeting with the resolutions from the State Highway Department for
acceptance of Sandpiper Drive in Myers Landing Subdivision into the
State system.
//
Chairman Bradby called for the County Administrator's report.
.Robert Goerger, Extension Agent Agriculture and Acting Unit
Director of the Virginia Cooperative Extension Service, stated he
was asked to bring the Board a report on the future staffing
situations which may occur in his office. Mr. Goerger further
stated his office was currently undergoing a reorganization for the
purpose of filling major gaps in extension offices across the State
and hopefully sometime in the foreseeable future a third extension
agent could be employed. Mr. Goerger recommended that. at any. point
in the future when a third staff person can be employed that this
person have split position of approximately 50~ home economics and
50~ 4-H.
Supervisor Turner stated he would support the addition of a
third staff person.
Supervisor Edwards moved the Board direct the County
Administrator to forward a letter to Senator Holland advising him
of how. important the Extension Service is to the County and that
it is the Board's desire to add a third. position as soon as
possible. The motion passed unanimously (5-0).
County Administrator Standish stated he had received a request
from the Rescue Squad relative to refurbishing one of the ambulance
vehicles. County Administrator Standish further. stated the Board
had previously appropriated $15,-000 and the cost sharing would
require an additional $13,000 from the County.
Supervisor Turner moved the Board approve the request of the
Isle of Wight Volunteer Rescue Squad. The motion passed
unanimously (5-0).
Supervisor Edwards moved the Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE SEVEN THOUSAND .DOLLARS FROM THE
COMMONWEALTH OF VIRGINIA,. DEPARTMENT OF SOCIAL SERVICES, FOR
ADDITIONAL PROGRAM ALLOCATIONS.
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WHEREAS, the Department of Social Services of the County of Isle
of Wight has received additional program allocations; and,
WHEREAS, the funds in the amount of seven thousand dollars ($7,000)
need to be appropriated to the Social Services fund in the 1991-
92 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 seven
thousand dollars ($7,000) be appropriated to the Social Services
fund in the 1991-92 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 and to do all the things
necessary to give this resolution effect.
The motion passed unanimously (5-0).
County Administrator Standish stated the auditor has suggested
that the Board re-appropriate funding for uncompleted projects.
Thereupon, Supervisor Ross .moved the Board adapt the following
resolutions
RESOLUTION TO APPROPRIATE ONE HUNDRED FIFTY-TWO THOUSAND EIGHT
HUNDRED THIRTEEN DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE FOR
CARRY FORWARD CAPITAL PROJECTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has previously appropriated funds for various capital
projects; and,
WHEREAS, the funds in the amount of one hundred fifty-two thousand
eight hundred thirteen dollars ($152,813) from the unappropriated
fund balance need to be appropriated to the following capital
projects line items in the 1991-92 budget of the County of Isle of
Wight:
Master Water/Sewer Plan $ 3,933
Zoning Ordinance/Capital 16,880
Improvements Plan
Smithfield Historic District 25,000
Maintenance Facility 107,000
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 fifty-two thousand eight hundred thirteen dollars be
appropriated to the carryover capital projects line items 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-O).
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated that Mrs. Frances Whitley
appeared before the Board previously and expressed concern about.
problems they were having with a structure on property they were
leasing in Windsor in which they wanted to operate a thrift shop.
County Attorney Crook further stated the Whitleys had been. told by
the Building Official a number of things which they would have to
do to bring the building into compliance with the building code.
County Attorney Crook continued at the Board's request he had
spoken with the Whitleys and the appropriate County personnel and
it was determined that the property was not zoned for commercial
use. and would. not be a grandfathered commercial venture. County
Attorney Crook stated Ms. Bowen, the Codes Inspector, is correct
that. the property would have to be zoned commercial in order to
have a commercial activity on the property and Mr. Berkley is also
correct. concerning what the Whitleys would have to do to the
structure in the way of upgrading and improving the structure.
County Attorney Crook further stated it was his recommendation that
no action be taken by the Board regarding the problems the Whitleys
expressed as the matter was being properly dealt with by the County
staff .
//
Chairman Bradby called for New Business.
There was no new business for discussion.
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Chairman Bradby called for Old Business.
Supervisor Turner stated there had been a misunderstanding by
the Governor on the holiday set forth when the memorial had taken
place in Newport News and moved the Board direct County staff to
prepare a resolution in .honor of the. Vietnam veterans. The motion
passed unanimously (5-0).
Supervisor Edwards requested the County Administrator to
follow up with VDOT regarding the positioning of mail boxes on the
opposite side of the road from homes with senior citizens.
//
Chairman Bradby called for Appointments.
There were no nominations for appointment.
//
Chairman Bradby called for approval of the September 5, 1991
minutes of the Board.
Supervisor-Ross moved the Board adopt the September 5, 1991
minutes as amended on Page 5 to .reflect "required" changed to
"acquired". The motion passed unanimously (5-0).
//
Supervisor Ross moved the Board adjourn at 3:15 P.M. The
motion passed unanimously (5-0).
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enry 8. radby, Chairman (~~"~
Myles~~. Standish, Clerk