02-20-1992 Regular Meeting,EO~If 1.4 ;~;' 17~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF FEBRUARY IN THE
YEAR NINETEEN. HUNDRED NINETY TWO
PRESENT: Henry H. Bradby, Chairman
Steve W. Edwards, Vice Chairman
Joel C. Bradshaw, Jr.
Malcolm T. Cofer
O. A. Spady
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 7:00 p.m. The
invocation- was delivered by Supervisor Spady.
//
Chairman Bradby called for Citizens' Comments.
No one appeared.
//
Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant to the County
Administrator/Community Development, presented the following
application. for the Board's consideration:
The application of E. C. Whitley Enterprises and Vulcan
Materials Company for a Conditional Use Permit to operate a
crushed stone distribution yard on approximately. nineteen (19)
acres of land located on the south side of Carrsville Highway
(Route 58 Business), between Lees Mill Road (Route 616) and
Carver Road (Route 1603), in Windsor Magisterial District.
Mr. Caskey stated in June of 1982 the Board had rezoned the property
from agricultural to MZ-industrial general with the intent that all the uses
permitted in the M2 zone would be implemented. Mr. Caskey further
stated the applicant proposes to allow the operation of a crushed stone
distribution yard on approximately 19 acres which requires a Conditional
Use Permit to be approved by the Board. Mr. Caskey continued there was
no opposition presented to the application at the Planning Commission
meeting at which adjacent land uses were discussed, specifically the fact
that the land was appropriately zoned and in an area surrounded by
moderate to heavy industrial types of land uses. Mr. Caskey concluded that
the Planning Commission voted unanimously to recommend approval of
the application to the Board of Supervisors.
Chairman Bradby called for citizens with comments.
Edmond Red with Vulcan Materials Company appeared in favor of
the application. Mr. Red stated market studies of the County showed
approximately 200,000 tons of crushed gravel is brought into the County for
different purposes and the intent of the distribution yard is to get a portion
of this business.
Chairman Bradby called for comments by the Board.
Supervisor Bradshaw stated this was a large company which would
provide the County with a substantial amount of tax revenue and moved
that the Board approve the application of E. C. Whitley Enterprises and
Vulcan Materials Company. The motion passed unanimously (5-0).
Mr. Caskey presented the following application for the Board's
consideration:
Consideration by the Board relative to conditions set forth by
Sinclair Telecable for their Conditional Use Permit application
approved by the Board on May 19, 1988.
Mr. Caskey stated this application involves a Conditional Use Permit
application that was approved by the Board in May of 1988 for property
owned by John Huber. Mr. Caskey further stated the intent of the
Conditional Use Permit was for the placement of six radio transmission
towers on the property and at the time the application was considered by
the Board there was a series of conditions placed on the Conditional Use
Permit which were initiated by the Civic League, specifically relating to
fencing requirements. Mr. Caskey continued the applicants have submitted
a site plan which presents a specific proposal relative to fencing the
property which the Department of Community Development perceives may
be somewhat different than the original proposal. Mr. Caskey stated the
developers have permission from the County to proceed at this point,
however, it is understood that the issue of the .type of fencing being used
will have to be addressed before any permits will be issued to become
operational.
Supervisor Spady questioned if the original application had been
before the Planning Commission.
Mr. Caskey replied the Planning Commission originally approved the
application without conditions and that the conditions originated at the
Board. of Supervisors' meeting.
William Riddick, attorney representing Sinclair Telecable, stated every
transmitter site in the County is fenced with barbed wire and, to .his
knowledge, there has never been any security or safety problems with any,
of the sites. Attorney Riddick further stated the Conditional Use Permit
issued to Sinclair Telecable stated that the tower site shall be fenced,
although it did not state the particular type ~of fencing to be used. Attorney
Riddick continued that although chain link or animal. fencing had been
suggested by County staff to the Board, the question is, is this a reasonable
solution because since the permit was issued there has been several rulings
from the FCC dealing with the effect of radiation coming from the towers
as it affects fencing. Attorney Riddick stated it .has been determined
through these rulings that it may create more of a safety hazard. by using
a closer mesh fence than with a fencing such as barbed wire or single
strand fencing. Attorney Riddick further stated what is presently being
proposed is a wooden fence around each of the six towers and that there
would be no electrical risk from the guide points in that the main reason to
fence the guide points is to make individuals who are cutting the grass
aware that there is a guide point within the fenced area.
Supervisor Spady moved the Board refer the application back to the
Planning Commission for public hearing to resolve questions on fencing.
The motion passed unanimously (5-0).
County Attorney Crook stated he agreed with Supervisor Spady's
motion to send the application back to the Planning Commission because
although these conditions were imposed by the Board of Supervisors and
not the Planning Commission, this happens frequently in that different
conditions are proffered when the application gets before the Board of
Supervisors. County Attorney. Crook continued these conditions are the
result of public hearings and when the County holds a public hearing and
the conditions are imposed and the applicant wants to change the
conditions, the application should be returned to the Planning Commission
for public hearing.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated the County Administrator had
provided him with a list of property consisting of outdated computer
equipment and he prepared a resolution for the Board's consideration.
which would authorize the County Administrator to advertise and sell the
property which the Board deems surplus property. County Attorney Crook
further stated he would recommend the Board adopt the resolution to
authorize the County Administrator to sell the equipment which would
require advertising.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION
WHEREAS, -the County of Isle of Wight has personal property
consisting of computer equipment that is no longer serviceable or has been
replaced. by new equipment and which is no longer needed by the County
of Isle of Wight; and,
~~ a .~ ~ ~ ~ ~ ~ ,~
WHEREAS, the Board of Supervisors of Isle of Wight County deems
said equipment surplus and desires to dispose of same by method of sale
most advantageous to the County.
WHEREAS, it is hereby resolved by the Board of Supervisors of Isle
of Wight County, Virginia, that the following items of computer equipment
are deemed to be surplus property:
DESCRIPTION
Sys 80 Model 3 Processor
262 Storage Expansion
Head Disk Assembly
Ctr1:SLCA-Med Speed Sync
Processor Power Expansion
Model 3 to 4 and 262K
262K Storage Expansion
.5MB Storage Expansion
~Ctr1:SLCA-Med Speed Sync
Ctr1:SLCA-Med Speed Sync
CtrI:SLCA-Med Speed Sync
CtrI:SLCA-Low Speed Async
Manual Diskette Subsystem
Printer
Console Keyboard UTS20
System 80 Local W / S UTS20
System 80 Local W/S UTS20
Expanded Keyboard
Expanded Keyboard
8419 Disk Drive
8417 Disk Drive Cabinet
Fixed Media Disk Drive
Head Disk Assembly
Ctrl:Integrated Tape
Tape:Streaming Tape/Cabinet
UTS 20 Display
UTS 20 Display
UTS 20 Display
Low Profile Keyboard
Low Profile Keyboard
Low Profile Keyboard
DPQ Printer-160 CPS
DPQ Printer-160 CPS
Forms Tractor
Forms Tractor
STYLE # SERIAL #
3045-99
F-2783-OS
F-2787-98
F-2788-99
F-2829-00.
F-3921-96
F-2783-09
F-2783-93
F-2788-99
F-2788-99
F-2788-99
F-2799-99
8422-00
0789-93
F-3620-02
3560-79
3560-79
F-3620-00
F-3620-00
8419-00
8417-00
F-2834-00
F-2787-O1
F-3774-00
1978-99
3660-76
3660-76
3660-76
F-3982-00
F-3982-00
F-3982-00
0425-93
0425-93
F-3861-00
F-3861-00
584
584.001
584 001
584 001
584 001
3405 001
3405 001
11921 001
3444 001
3445 001
3448 001
107 001
146
5052
64198 001
63942
63957
63942 001
63957 001
381
196.7
23829 001
8365 -0Ol
302 001
328
409901
409899
409926
409899 001
409901 001
409926 001
74449
74417
74417 001
74449 001
It is further resolved by said Board of Supervisors that the County
Administrator of Isle of Wight County, as the. Central Purchasing Agent of
said County, be and he is hereby authorized to sell said surplus property
at public sale after advertising .the date, place and terms in a newspaper
having general circulation in the County of Isle of Wight at least five days
prior to said sale and said County Administrator is to report to the Board
~~~~k ~.f =,.~~~_74~
of Supervisors of the County of Isle of Wight as to the disposition of said
property.
The.. motion passed unanimously (5-0).
County Attorney Crook stated the Rushmere Volunteer Fire
Department is purchasing a fire truck through a lease/purchase
arrangement and in order to obtain a low rate of interest in the lease
purchase, certain federal requirements have to be complied with. County
Attorney Crook further stated one of the requirements is that a public
hearing needs to be authorized by the governing body and thaf the
governing body needs to appoint a member of the governing body to
conduct the. public hearing. County Attorney Crook continued that
although Chairman Bradby was a member of the fire department he would
recommend the Chairman be -the member appointed by the Board to
conduct the hearing.
Supervisor Cofer moved the Board authorize the Chairman to be the
representative of the governing body to hold the public. hearing. The
motion passed unanimously (5-0).
County Attorney Crook stated he was in receipt of and has reviewed
and revised the contract for H. L. Duke & Company for employee health
insurance. County Attorney Crook further stated there was a "save
harmless" provision in the contract which needed to be deleted and he
would recommend the contract to the Board wi#h that revision or deletion.
Supervisor Spady moved the Board authorize the Chairman to sign
the contract as amended by the County Attorney. The motion passed (4-0)
with Supervisor Cofer abstaining.
County Attorney Crook requested an Executive Session pursuant to
Section 2.1-344 A7 of the Freedom of Information Act for consultation with
counsel concerning litigation and advice of counsel concerning contract
negotiations.
At 7:25 p.m., Supervisor Edwards moved the Board go into Executive
Session for the reasons stated by the County Attorney. The motion passed
unanimously (5-0).
At 7:32 p.m., upon returning to open session, Supervisor Cofer moved
the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WI~-iEREAS, 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
,.
~.,, 1p ~7~~~
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.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-0).
Supervisor Bradshaw moved the Board approve, and authorize the
Chairman on behalf of the Board to sign, the addendum agreement of r
February 13, 1992 between the School Board and Construction Control
Corporation. The motion passed unanimously (5-0).
//
Chairman Bradby called far the County Administrator's report.
Linda Bean, Social Services Director, stated the Social Services Board
met on January 21, 1992 and directed her to seek the permission of the
Board of Supervisors to utilize $14,037.05 in unencumbered companion
program funds to serve citizens on their waiting list for .that service. Mrs.
Bean further stated when the Social Services Board met again on February
14, 1992, it was determined by the Social Services Board that due to a total
lack of capital outlay funds and the fact that the Department of Social
Services has several unmet pressing needs, she was then instructed to
request the Board of Supervisors' permission to expend the $14,037.05 at the
discretion of the Social Services Board to meet what they determine to be
the most pressing needs.
t
Supervisor Spady questioned what the funds would be expended on.
Mrs. Bean stated some of the funds may be used for companion
services, although a need has been identified for a copy machine or
computer equipment.
Supervisor Bradshaw moved the Board return the $14,037.05 back to
the Social Services Department for the Social Services Board to expend the
funds at their discretion for the most pressing needs. The motion passed
!I
unanimously (5-0).
Mrs. Bean stated when she began working for Social Services
seventeen years ago she found in excess of $50,000 that .could not be
accounted for which was placed in a special welfare fund. Mrs. Bean
further stated she was able to track most of the funds and return the money
to the rightful owners although there was a remaining $8,044.35 balance
which could not be tracked. Mrs. Bean continued the auditor has now
recommended that the account be cleared out either by returning the money
to the State for unclaimed property or returned to the County for the
general fund, which was her preference. Mrs. Bean stated she spoke with
the County .Administrator and asked for his recommendation .who
concurred .that the money be returned to the general fund, whereupon the
Social Services Board also concurred and took action to return the money
to the Count}~s general fund. Mrs. Bean then requested the Board's
permission to allocate the $8,044.35 to be taken from the special welfare
account to be spent for a departmental telephone switchboard and/or
computer equipment for the Department of Social Services.
County Administrator Standish stated that GTE is now reviewing the
County's phone system and a report would be forthcoming.
Supervisor Spady moved the Board table the matter until the March
5,1992 Board of Supervisors meeting to allow the Board tofurther look into
the matter. The motion passed unanimously (5-0).
County Administrator Standish reported that the .delinquent tax
collection attorneys had collected a total of $326,000 at a cost to the County
of approximately $37,300 which is roughly 11.5%. County Administrator
Standish stated the.Board had.previously appropriated only $40,000 for tax,
collection efforts and if the Board desires to continue these efforts through
the balance of the year the Board should adopt a resolution appropriating .
an additional $30,000 to be used for these efforts.
Supervisor Edwards moved the Board adopt the following resolution
RESOLUTION TO APPROPRIATE THIRTY THOUSAND DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL
FUND FOR DELINQUENT TAX COLLECTIONS
WI-iEREAS, the Board of Supervisors of the County of Isle of Wight,
.Virginia has approved retaining attorneys for delinquent tax collections;
and,
WHIEREAS, the funds in the amount of Thirty Thousand dollars
($30,000) need to be appropriated from the unappropriated fund balance to
the Delinquent Tax Collections 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 Thirty
Thousand dollars ($30,000) from the unappropriated fund balance be
,:
appropriated to the Delinquent FTax Collections 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 unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE ONE THOUSAND
NINETY 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 ninety dollars
($1,090) to be received from .the Commonwealth of Virginia, Department of
Motor Vehicles need to be appropriated to the Traffic Safety, Equipment
line item 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 one
thousand ninety dollars ($1,090) to be received from the Commonwealth of
Virginia, Department of Motor Vehicles be appropriated to line item 28-
5114-7002, Traffic Safety, Equipment ($1,090), 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 atl the things
necessary to give this resolution effect.
The motion passed unanimously (5-0).
County Administrator Standish stated the Board had previously
approved the low bid for the communication center/public safety facility
- and included in the agenda is a resolution for the Board's consideration
which would appropriate these monies from the bond issue of 1990
proceeds account to a construction account. County Administrator Standish
further .stated at the pre-construction conference it was indicated that it
would be wise to temporarily relocate the Sheriff and his staff out of the
building for a period of ninety to one hundred and twenty days during the
renovation and for approximately $2,000 a mobile home could be leased for
office space to accommodate such staff.
Supervisor Cofer moved the Board adopt the following resolution
amended .from ~ $457,888 to $459,888 to include the additional cost of
relocating the Sheriff's Department during renovation:
RESOLUTION TO APPROPRIATE FOUR HUNDRID FIFTY-SEVEN
THOUSAND EIGHT HUNDRED EIGHTY-EIGHT DOLLARS
FROM THE 1990 BOND ISSUE PROCEEDS FOR CONSTRUCTION
FOR THE E-911 COMM[JNICATIONS CENTER/PUBLIC
SAFETY FACILITY
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved .the design of the E-911 Communications
Center/Public Safety Facility; and,
WHEREAS, the funds in the amount of Four Hundred Fifty-Seven
Thousand Eight Hundred Eighty-Eight dollars ($457,888) need to be
appropriated from the 1990 Bond Issue Proceeds to the E-911
Communications Center/Public Safety Facility, 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 Four
Hundred Fifty-Seven Thousand Eight Hundred Eighty-Eight dollars
($457,888). from the 1990 Bond Issue Proceeds be appropriated to line item
14-9402-3002, E-911 Communications Center/Public Safety Facility,
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 stated a public hearing was held by
the. Virginia Department of Transportation where they outlined the
proposed Route 260 connector. County Administrator Standish further
stated the proposed design impacts. an existing business and neighborhood
and does not provide the best connector routing.
Judy Begland, Economic Development Director, stated the Virginia
Department of Transportation felt they would encounter a wetlands issue
in the initial proposal. Mrs. Begland further stated that during
consideration of the alternative routing, the Camptown community was
very vocal at the public hearing because seven residents would lose their
homes- as well as -there being a significant negative impact on Franklin
Equipment Company.
Supervisor Bradshaw stated. there were recent development changes
in the rulings of wetlands which would allow the Virginia Department of
Transportation to further consider the matter.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO RECONSIDER AND REDESIGN THE ROUTE 58
BYPASS CONNECTOR
WHEREAS, a Route 58 bypass connector would significantly enhance the
flow of traffic along the Route 58 corridor; and such enhanced traffic flow
for the corridor and the adjacent area would promote appropriate industrial
development and other economic benefit to the region; and,
WHEREAS, Isle of Wight County, Southampton County and the City of
Franklin have supported such a transportation connector project for several
years; and,
WHEREAS, the current proposal of the Virginia Department of
Transportation to develop Route 1603 and Route 260 as a connector route
does not adequately address the original intent; and,
WHEREAS, the proposed Route 260 concept can have significant negative
impact on the County's citizens and one of its most important industries.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle
of Wight County that the Virginia Department of Transportation is .
requested to review and redesign a Route 58 bypass connector with the
intent to enhance traffic flow, economic development potential, and
guarantee the safety and welfare of County citizens.
BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight
County direct the County Administrator to forward a copy of this resolution
to the Virginia Department of Transportation for inclusion in the record of
the location and design public hearing relative to this project.
The motion passed unanimously (5-0).
Supervisor Edwards then moved that the Board direct County staff to
send a copy of the resolution to the County's legislative delegation
immediately. The motion passed unanimously (5-0).
County Administrator Standish stated with the implementation of the
County's new emergency system approaching, new street signs are being
installed and the County is finding that some of the old private land street
signs were not taken down. County Administrator Standish then
recommended that County staff begin taking these old signs down after
placing public notice in the newspapers.
Chairman Bradby recommended contacting the appropriate
individuals who initially installed the signs to request them to remove the
signs.
Supervisor Edwards requested the status of the Census Bureau data.
Donald Robertson, Assistant to the County Administrator, reported
figures could be available from the Census Bureau as early as the middle
..
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of March or as late as mid summer.
Supervisor Edwards suggested contacting the Planning Council
regarding numbers or a formula which could be applied to the County's
population which would give the Board an idea of the number of low-
income senior citizens located in .the County.
/.
Chairman Bradby called for New Business.
There was no new business offered for discussion by the Board.
//
Chairman Bradby called for Old Business.
There was no old business offered for discussion by the Board.
I/
Chairman Bradby called for appointments by the Board.
Supervisor Edwards recommended the reappointment of David Joyner
to the Planning Commission.
Upon the recommendation of Supervisor Edwards, Supervisor Cofer
moved the Board reappoint David Joyner to the Planning Commission
representing the Windsor District. The motion passed unanimously (5-0).
//
Chairman Bradby called for approval of the January 16,1992 minutes.
Upon recommendation from County Attorney Crook, Supervisor
Edwards moved the Board adopt the January 16,1992 minutes of the Board.
The motion passed unanimously (5-0).
//
Supervisor Edwards requested an Executive Session under Section 2.1-
344 Al of the Freedom of Information Act regarding the .County
Administrator's employment contract and related personnel matters.
At 8:07 p.m., Supervisor Cofer moved the Board go into an Executive
Session for the reasons stated by Supervisor Edwards. The motion passed
unanimously (5-0).
Upon returning. to open session at 8:38 p.m., Supervisor Cofer moved
the Board adopt the fallowing resolution:
CERTIFICATION OF EXECUTIVE MEETING
.1.~s ~'?1. ~ ~~
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 meetins was conducted in '
conformity with Virginia lacv;
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.
VOTE
AYES: 5
y
NAYS: 0
y
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-0).
//
At 8:40 p.m., Supervisor Cofer moved the Board adjourn. The motion
passed unanimously (5-O).
Myles
Clerk
~ .G
enry H. Bradby, Chairman
I
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