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10-03-1991 Regular Meeting.... ~r ao~r, ~4 ~~~;.~- .~~ 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. // 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. sooK 1.4 ~M . i~,~ `i~ Chairman Bradby called for citizens with highway matters. No one appeared. // 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 a`ooK 14 ,N~` ;~ge~ 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. enaK ~4.~~: ~3~~ 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. ~o~K 14 ~M~r ~0 ~ 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. // 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). QaoK' 14 .~c 42 ~' ~ ~. ~ r ,~i~ ~.r-------^ enry 8. radby, Chairman (~~"~ Myles~~. Standish, Clerk