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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 .. { ~g,;~ .. 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 i . I 1