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03-19-1992 Regular Meeting~~7~ ~ 1:4.. .1_~~5 ~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF MARCH 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 Cofer. // Chairman Bradby called for a public hearing on the Six-Year Plan for Secondary Road Improvements. W. Douglas Caskey, Assistant County Administrator/Community Development, stated the Board was presented the proposed Six-Year Plan for Secondary Road .Improvements at their previous meeting of March 5, 1992 by the Resident Engineer of the Virginia Department of Transportation and included in the age,-~da for this meeting were the revisions requested by the Board. Mr. Caskey further stated the Board had also at that time authorized a public hearing be set for this meeting and. that the appropriate public notices were placed regarding same. MacFarland I'~eblett, Resident Engineer with -the Department of Transportation, stated Route 646 and Route 694 had .been inadvertently left off the work session copy presented to the Board on March 5, 1992. Mr. Neblett further stated these .projects had now been included in the Plan, as well as the changes requested by the Board at their previous meeting on March 5, 1992. Supervisor Spady stated he was in receipt of correspondence from the Civic League at the Carrisbrooke Subdivision regarding improvements to the exit of the subdivision and requested that this project be placed in the Plan as well. Mr. Neblett replied the project could be added to the Plan, although he may be able to make the necessary improvements from another source of funding, i.e., as a budget item.. Chairman Bradby called for citizens to speak. regarding the Plan. a~ ~ ~4 t~~~`~ No one appeared. Chairman Bradby called for comments from the Board. County Administrator Standish advised if the Board found the Plan acceptable as presented, the resolution included in the agenda should be adopted. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION WHEREAS, the Isle of Wight County Board of Supervisors and the Virginia Department of .Transportation held a public hearing to solicit citizens' comments and recommendations concerning the Isle of Wight County Secondary System Six Year Plan and Priority List; and, WHEREAS, comments and recommendations have been received during the public hearing on this matter, and such have been considered. and incorporated as appropriate in the Six Year Plan and Priority List; NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors does hereby accept and approve the Isle of Wight Ciounty Six Year Plan and Priority List as previously presented to the Board. The motion passed unanimously (5-0). Chairman Bradby called for a public hearing on the following: The request of the Isle of Wight Civic Council to hold the Sixth Annual Smithfield Ham and Gourmet Food Festival on Saturday, April 25, 1992 from 11:00 a.m. until 6:00 p.m. at Aberdeen Farm, located off Days Point Road (Route 673), in Hardy Magisterial District. Chairman Bradby called forpersons to speak in favor. Alan Nogiec, President of the Isle of Wight Civic Club Council, stated this would be the sixth annual ham and gourmet food festival. Mr. Nogiec further stated the format would be the same, the plan had. been reviewed. with .appropriate agencies and Marie Osmond would be the featured entertainment. Chairman Bradby called for comments by the Board. Supervisor Spady moved the Board approve the request of the Isle of Wight Civic Council. The motion passed unanimously (5-0). // Chairman Bradby called for Citizens Comments. Alan Monette appeared representing a committee formed by the Isle of Wight/Smithfield Chamber of Commerce and the governmental agencies of the Towns of Smithfield and Windsor. Mr. Monette stated the committee was formed to study the possibility of obtaining broader telephone service coverage and, in order to accomplish such, forms for a survey were developed by the committee to determine how the citizens and businesses of the County feel regarding their telephone services and if it would be feasible to have a flat rate developed for such service. Mr. Monette passed out two survey forms, one for residential subscribers and one for business subscribers, and requested the Board's input on the matter. Mr. Monette advised the Board the committee may need some financial support from the County for the postage and printing costs. Judy Begland presented a map of the different exchange variations illustrating how the telephone calling .areas are divided up within the County. Mrs. Begland stated in the last several years there have been three petitions, one for Chuckatuck to call Southampton Roads, one for Capron to call Franklin and Courtland, and finally, Windsor to call Suffolk. Mrs. Begland further stated the County may wish to look at extending the local calling area, rather than just going with extended area calling within the County. Supervisor Edwards stated there are two areas of particular concern in the County which are negatively impacted with the current telephone system and that the growth zone developed in the Comprehensive Plan shows Windsor as an area targeted for commercial. growth.. Supervisor Edwards further stated the current phone system hampers any service-type businesses considering locating in Windsor and moved the Board support the survey and authorize up to $6,000 Erom the Contingency line item to cover postage and printing. The motion passed unanimously (5-0). Brian Bradish of Smithfield appeared with concerns regarding the status of the road and vacation of the recreational lot in Littleton Estates Subdivision. Mr. Bradish then requested the Board provide him with answers to a list of questions he had previously given to County Attorney Crook. County Attorney Crook stated .that he had received a list of questions from Chairman Bradby and that he had responded orally to Mr. Gunning of the subdivision. County Attorney Crook added that he had suggested to William Riddick, attorney for the developers, that he meet with the lot owners of the subdivision and address .their concerns. Finally, County Attorney Crook stated that Mr. Riddick was. present and probably could add some information for the Board as to his success or lack of success with the lot owners in the subdivision. , William Riddick stated there is a recreational lot in the Littleton Estates Subdivision and the road in the subdivision has not yet been accepted into the system by the. Virginia Department of Transportation, although the bond on the road is expired. Mr. Riddick further stated Mr. Marshal, who represents the other developers, .has obtained a punch list from Mr. Neblett and has also obtained bids for the resurfacing of the road p1'N ~.4 ~ ~1~~~3 and other necessary. items. Mr. Riddick:continued his client was most interested in the vacation of the dedication of the recreational area because he has someone who wants to purchase the recreational lot and he wants to use the money from the sale of the recreational area to complete the road. County Attorney Crook stated that he has repeatedly advised that the , statutes provide two ways to accomplish the vacation. One is for every lot owner in the subdivision to sign a vacation plat to be approved by the Board of Supervisors. The second is for the Board of Supervisors to adopt an ordinance vacating the lot. County Attorney .Crook stated the homeowners had tried, without success, to get the lot owners to sign in the past. Tom Gunning, also a resident of Littleton Estate .Subdivision, stated the vacation of the recreational lot and the improvement to the road are. two separate matters. Mr. Gunning further stated the residents' proposal was to allow the developer to fix the road and drainage problems, and settle the matter of the recreational lot at a later date. Supervisor Spady stated Mr. Bradish's questions regarding the rights of the residents could best be answered by their own attorney, although the Courthouse could provide some guidance on some of the questions. Dr. Kate Bouvier, President of the Board of Directors for the Genieve Shelter, requested the Board's financial support during the budget process regarding funding for- the Genieve Shelter. Supervisor Spady stated he believed this was a good program and he would like see the Board look favorably upon. this request during the budget process. Supervisor Edwards stated the volunteers worked very hard and he would also like the Board to support the funding request. Edward Blount appeared regarding the unsatisfactory condition of the building being used for the Pons Precinct in the Hardy District. Mr. Blount stated if the storage area could be separated from the voting section, this would help alleviate any danger to the public while voting. Supervisor Spady and Chairman Bradby offered to work with the Electoral Board on the matter. // Chairman Bradby called for the Community Development report. W. Douglas Casket', Assistant County Administrator/Community Development, presented the following application for the Board's consideration: The application of Earl Highsmith, Sr., for a Conditional Use Permit to continue the location of a mobile home for thirty-six (36) months while building a residence on a total of 13.6 acres of land located on lot 33 of Ennisdale Subdivision, on Ennisdale Drive between Fort Huger Drive (Route 676) and the Surry County Line, in Hardy Magisterial District. Mr. Casket' stated this application was originally presented to the Board at their February Z0, 1992 meeting at which time he advised that additional information had been obtained pertaining to the application and the Board- therefore directed the application be sent back to the Planning Commission for a public hearing. Mr. Casket' further stated as a result of the Board's action, a public hearing was held by the Planning Commission and no one appeared in opposition to the application. Mr. Casket' continued the Planning Commission discussed all prior information, including the additional information, and recommended unanimous approval of the application not to exceed thirty six months with the condition that the mobile home be .removed from the subject property once the permanent residence was completed. Supervisor Spady moved the Board approve the application of Earl Highsmith, Sr. The motion passed unanimously (5-0). Mr. Casket' stated included in the agenda was a joint resolution submitted to the County by the Town Attorney for the Towns of Smithfield and Windsor. Mr. Casket' further stated the County adopted its initial Erosion and Sedimentation Control program back in June of 1975 and a year later a joint resolution was endorsed by the Isle of Wight County Board of Supervisors and the two Town Councils establishing a relationship between the three localities that would establish the County assuming all administrative and enforcement responsibilities for the program within the two boundaries of the towns. Mr. Casket' continued in July of 1991, the County amended its exiting Sedimentation Control Ordinance in order to remain in compliance with State la~v and, as a result, .the attorney for the Towns of Smithfield and Windsor has submitted a new joint resolution re- establishing the relationship for County staff to exercise responsibility for the administration and enforcement of these regulations within the two town boundaries.. Mr. Casket' stated the resolution has been forwarded to the County Attorney for his xeview and County staff recommends the joint resolution with the understanding that there would need to be some ~ administrative enforcement guidelines established, procedurally and with the assumption that the administrative enforcement duties will be contingent upon the current staffing levels in the Department of Community Development. County Attorney .Crook stated he had .reviewed the joint resolution and discussed it with the Town Attorney and did recommend it to the Board.. Supervisor Spady stated if the Board adop4ted the resolution, he did not want to be committed to holding present staffing levels in the Department of Community Development. Supervisor Cofer moved the Board adopt the following resolution: ~ JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, THE TOWN COUNCIL OF THE TOWN OF SMITHFIELD, AND THE TOWN COUNCIL OF THE TOWN OF WINDSOR, PERTAINING TO THE EROSION AND SEDIMENTATION CONTROL ORDINANCE OF ISLE OF WIGHT COUNTY WHEREAS, Title 10, Chapter 5, Article 4 of the Code of Virginia, requires that each county and incorporated town in the Commonwealth of Virginia must be covered by an erosion and sediment control program approved by the Virginia Soil and Water Conservation Board ("the Board"); and, WHEREAS, on June 30,1975, the Isle of Wight County Board of Supervisors (the "County") adopted an ordinance to adopt the Erosion and Sediment Control Plan of the Peanut Soil. and Water Conservation District, and on June 3, 1976, on June 1, 1976, and on June 8, 1976, respectively, the County, the Town Council of the Town of Smithfield ("Smithfield") and the Town Council of the Town of Windsor ("Windsor") each adopted a Joint Resolution adopting the Erosion and Sediment Control Plan of the Peanut Soil and Water Conservation District as the Erosion and Sediment Control Plan of the County, Smithfield and Windsor, and further authorized the County to enforce the same in the towns; and, WHEREAS, by a subsequent ordinance adopted July 18, 1991, pursuant to Section 10.1-562(c) of the Code of Virginia, and approved by the Board, the County adopted the Isle of Wight County Erosion and Sedimentation Control Ordinance; and, WHEREAS, Smithfield and Windsor, both situate in the County, have- not heretofore specifically adopted erosion and sediment control ordinances and it is the intention of both of the towns, not having adopted erosion and sedimentation control ordinances, to be subject to the County ordinance pursuant to Section 10.1-562(c} of the Code of Virginia, and for the County to enforce its ordinance in the respective towns, and to which the County has agreed: NOW, THEREFORE, BE IT JOINTLY RESOLVED by the Board of Supervisors of the County of Isle of Wight, the Town Council of the Town of Smithfield, and the Town Council of the Town. of Windsor, that the Isle of Wight County Erosion and Sedimentation Control Ordinance, adopted by the County on July 18, 1991, and as amended from time to time after that date, together with all regulations adopted thereunder, shall be the - erosion and sedimentation control program for the Town of Smithfield and .for the Town of Windsor; that the Town of Smithfield and the Town of Windsor shall be subject to the County ordinance; that the County is hereby authorized, and the County hereby agrees, to enforce its Erosion and Sedimentation Control Ordinance in the towns of Smithfield and Windsor, until such. time as either the Town of Smithfield or the Town of Windsor . shall adopt its own approved erosion and sedimentation control ordinances, after which time the County ordinance shall not apply in that town. The motion passed unanimously (5-0). ~~ Chairman Bradby called for the County Attorney's report. County Attorney Crook advised he was in receipt of a letter from the State Department of Game and Inland Fisheries regarding ordinances which were adopted pursuant to State statutes regarding hunting which would. now have to be readopted because of changes in State laws. County.. Attorney Crook stated these had been reviewed and he had prepared. the only ordinances that the County is allowed to adopt for hunting. Supervisor Edwards moved the Board proceed with advertising the Ordinance to prohibit shooting or hunting with a firearm within 100 yards of any property line of a public school or county, city, town or regional park and that the Board also re-advertise the Muzzle-Loading_Ordinance for re-adoption. The motion passed unanimously (5-0). // At 8:15 p.m., Supervisor Cofer moved the Board take a recess. Upon returning to open session at 8:28 p.rn., Chairman Bradby called for the County Administrator's report. Donald Robertson,- Assistant to the County Administrator, stated in 1990, President Bush signed into law the Americans with Disabilities Act which will have enormous. impacts, both positive and negative, on local governments. Mr. Robertson further stated while the Act opens doors for people with disabilities and makes available a greater array of services not previously made available to them, it also affects current practices. Mr. Robertson continued under Title I, which covers all aspects of employment, the County's employment applications have been revised and he will begin changing the job descriptions to reflect essential needs of the job position; Title II covers reasonable access to public services; Title III covers public accommodations; Title IV covers telecommunications; and, Title V states that the Act does not limit State or local law that provides equal or greater protection to disabled people. Mr. Robertson further stated there are two things the County needs to accomplish within a reasonable amount of time; select or appoint an ADA Coordinator, and to begin to develop a transition program. County Administrator Standish noted that Mr. Robertson has been selected as the ADA Coordinator to begin preparing a transition plan. County Administrator Standish stated the Department of Waste Management has selected the County to be a recipient. of a Clean Virginia Award for 1991. Judy Begland, Economic Development Director, stated the State has initiated a new accreditation program for tourism which helps a community prepare for tourism. Mrs. Begland further stated the County is not required to dedicate any financial resources at this time, .but is required to adopt a resolution .allowing the Department of Economic Development to .begin P ~.~ , ?U~ it ~' N . ... work on this. Supervisor Cofer moved the .Board adopt the following resolution: RESOLUTION OF PARTICIPATION WHEREAS, the Board of Supervisors of Isle of Wight County is interested in the economic well-being of its citizenry and the community at large; and, WHEREAS, the Board of Supervisors is prepared to support appropriate efforts within the community to become totally. prepared to promote tourism and related economic development; and; WHEREAS, the Virginia Department of Economic Development, through its Tourism Development Group, is offering a program which is specifically designed to assist Virginia communities to become better prepared for tourism and related economic development; and, WHEREAS, this program is entitled the VIRGINIA TOURISM ACCREDITATION PROGRAM. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors, that our community, Isle of Wight County, wishes to participate in the VIRGINIA TOURISM ACCREDITATION PROGRAM, and 'that the leadership of. this community is fully cognizant that the aforesaid program requires dedicated effort; and, BE IT FURTHER RESOLVED that by entering the aforesaid program, we are pledging our best and honest efforts to achieve designation as a Virginia "Accredited" community; and, BE IT FURTHER RESOLVED that the aforesaid program requires either the existence or formation of a Tourism Promotion Organization which will be charged with the .responsibility of completing the requirements of the aforesaid program, and that this governing body .hereby designates the Isle of Wight Tourism Bureau as representing this community for the purpose of participating in this program. . ~ ,The motion passed unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE EIGHT THOUSAND FORTY-FOUR DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved appropriating returned funds back to the Department of Social Services; and, 1 1 WHEREAS, .the funds in -the amount of eight thousand forty-four dollars ($8,044) need to be appropriated from the unappropriated fund ~~.~ ~4 . ~f13~ balance to the Department of Social Services fund 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 eight thousand forty-four dollars ($8,044) from the unappropriated fund balance be appropriated to the Department of Social Services fund 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 APPROPRIATE THIRTEEN. THOUSAND ONE HUNDRED NINETY-ONE DOLLARS-FROM THE 1991 SCHOOL BOND ISSUE PROCEEDS TO THE GENERAL FUND WHEREAS, the Board of Supervisors. of the County of Isle of Wight, Virginia has expended funds for school construction bond issue expenses from the General Fund; and, WHEREAS, the funds in the amount of thirteen thousand one hundred ninety-one dollars ($13,191) need to be appropriated from the 1991 School Bond Issue Proceeds to reimburse the general fund 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 thirteen thousand one hundred ninety-one dollars ($13,191) from the 1991 School Bond Issue Proceeds be appropriated to the general fund 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 included ira the agenda are reports from the two delinquent tax collection attorneys noting $341,269 has been collected through the end of February, commencing July 1, 1991, at a cost of $40,505 or 11.7% of the amount collected.. County Administrator Standish further stated a similar report will be submitted to the Board monthly and their services will continue through June 30, .1992 and beyond if the Board approves it in the 1992-93 fiscal year budget. County Administrator Standish stated in the Building & Grounds Division of Public Works, a Maintenance Worker II employee was promoted in order to fill a position in Refuse Collection in which an employee had died. County Administrator Standish further stated he would like to refill the Maintenance Worker II position on a full-time basis, fill the position of the person on medical leave on an hourly basis and leave the Maintenance Worker I position unfilled until the Board. approves the 1992-93 fiscal year budget. Supervisor Bradshaw stated adequate staffing levels for the Refuse Collection Department are essential to the maintenance of the County refuse collection and recommended approving the requests to fill the necessary positions. Supervisor Spady moved the Board fill the Maintenance II Worker position and maintain the second .maintenance Worker II position as hourly. The motion passed unanimously (5-0). Supervisor Spady stated that he believes there are private roads with street name signs posted by the County which do not fulfill the requirement of having two homes located on the property and that he would be advising -the Board in the near future : of those private roads not in compliance. County Administrator Standish stated included in the agenda for the Board's information are budget requests for the 1992-9~3 fiscal year. County Administrator Standish further stated these requests are not 100% complete because the County is still receiving input from the State. .County Administrator Standish continued to fund all of these requests would - require a tremendous increase in the real estate tax rate, possibly increasing the tax rate from .70 to .91 per $100, if all the burden were placed on .the real estate tax rate. .County Administrator Standish stated an analysis is being prepared on revenues and the Board has received a report from the Commissioner of the Revenue regarding an alternative he would ask the Board to explore, which is to implement the proration of personal property taxes commencing next year. County Administrator Standish further stated revenues from the proration of personal property would begin arriving in December of 1993. County Administrator Standish stated. in addition to .anticipating the proration of personal property taxes to begin in the next fiscal year, he would also recommend a cap on an increase in the real estate tax rate not to exceed .74 per $100. Supervisor Bradshaw inquired as to the .last time the Machinery & Tools tax was raised. County Administrator Standish pointed out that roughly 80% of -the Machinery & Tools tax was generated in the .revenue sharing area: Supervisor Edwards Mated the Board should spread the tax increases as evenly and fairly as possible to keep the homeowners from bearing the entire burden. 1 1 ~~~~~ ~.~ l (fir, Supervisor Cofer noted the majority of tax increases over the last several years were picked up by residents, with little tax increases picked up by the businesses. Supervisor Bradshaw stated he would like to see a slight increase of two cents in the Machinery & Tools tax because this particular tax had not been raised in many years. . Supervisor Cofer moved the Board authorize the County Administrator to advertise a .74 real estate property tax and $1.00 for Machinery and Tools tax for the 1992-93 fiscal year budget. The motion passed unanimously (5-0). County Administrator Standish stated an administrative change in the permit regulations now eliminates the necessity of a No-Discharge certificate for the County's animal shelter. County Administrator Standish further stated he would submit a statement to the State indicating that the County's animal shelter was no longer required to have a certificate and their present certificate is no longer applicable. // Chairman Bradby called fog New Business. Chairman Bradby stated for the Board's information was a list representing the two-member subcommittees of the. Board which will require adoption.. Supervisor Spady moved the Board approve the following appointments as made by the Chairman: BOARD OF SUPERVISORS' COMMITTEES 1992 1. FINANCE COMMITTEE 6. PERSONNEL O. A. Spady Henry H. Bradby . Malcolm T. Cofer O. A. Spady 2. WATER & SEWER 7. .TRANSPORTATION Henry H. Bradby Joel C. Bradshaw, Jr. O. A. Spady Steve W. Edwards 3. PUBLIC FACILITIES 8. SCHOOLS Henry H. Bradby Henry H. Bradby Joel C._Bradshaw, Jr. O. A. Spady 4. PUBLIC SAFETY 9. DATA PROCESSING Malcolm T. Cofer Joel C. Bradshaw, Jr. ~- _.. Steve W. Edwards 5. PARKS AND RECREATION Joel C. Bradshaw, Jr. Steve W. Edwards The motion passed unanimously (5-0). Malcolm T. Cofer 10. INDUSTRIAL DEV. Malcolm T. Cofer Steve W. Edwards // Chairman Bradby called for Old Business. Supervisor Edwards requested the status of his earlier request to correct the drainage problem to the existing sidewalk at the Sheriff's office. Supervisor Spady stated based upon information provided to him, the door to the building served by the sidewalk would not be used by the general public upon the completion of the renovations to the Sheriff's office and at this time he would not recommend any action be taken to correct the drainage problem. Supervisor Edwards also requested that the front sidewalk leading to the courts building also be examined regarding poor drainage problems. // Chairman Bradby called for Appointments. There were no nominations. for appointment by the Board. // Chairman Bradby called for approval of the February 20, 1992 minutes. Upon recommendation from County Attorney Crook, Supervisor Spady moved the Board adopt the February 20, 1992 minutes of the Board. The motion. passed unanimously (5-0). // At 9:15 p.m., Supervisor Cofer moved the Board adjourn. The motion passed unanimously (5-0). ' y. / Myles E tandish, Clerk enry H. B adby, Chairman ~i