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04-02-1992 Regular Meeting.•. eo~~ ~~ ~~~~~~7 ~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF APRIL 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 (Arrived at 3:40 p.m.) Also Attending:. H. Woodrow Crook, Jr., County Attorney (Arrived at 3:38 p.m.) ' 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 3:36 p.m. The invocation was delivered by Supervisor Edwards. // Chairman Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated two projects were currently underway on Route 620; the first project between Routes 654 and 655 in which the contractor is presently setting the ditches back and widening the shoulders; the' second project is near the Southampton County line in which the contractor has started to dismantle the old bridge at Velines Swamp. Chairman Bradby called for comments by the Board. Supervisor Edwards requested the Virginia Department of Transportation to review the possibility of strengthening the shoulder of road near the large farm beyond the Knoxville intersection. Supervisor Bradshaw requested the Virginia Department of Transportation to consider cutting a ditch to eliminate the backing up of water near the Gulf station in Carrsville. Chairman Bradby called for comments from citizens. Henry Bell stated he had previously requested the Board place Route 681 high on the Priority List and wanted to inform the Board that there has since been a serious motor vehicle accident on this road. Supervisor Cofer moved the Board adopt the following resolution: A RESOLUTION REQUESTING THE CONIlvIISSIONER eo~K 14 ~~~~208 ~~' OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT AND IlVCLUDE BUTLER'S POINTE SUBDIVISION INTO THE VIRGIlVIA STATE SECONDARY ROAD SYSTEM WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that streets in Butler's Point Subdivision, Newport Magisterial District, Isle of Wight, Virginia have been built in accordance with Secondary Road Policies,and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into .the Virginia Secondary Road System for maintenance the following described streets in Butler's Point Subdivision. 1. Butler's Pointe Lane: Beginning at a point on State Route 654, ; 0.46 miles south from its intersection with State Route 620; thence running in a southeasterly direction 0.17 miles to a cul- de-sac. Length: 0.17 miles Right of way: 50 feet Total length: 0.17 miles 1 Unrestricted rights of way .fifty (50) feet in width and additional right of way for the cul-de-sacs, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court at Isle of Wight County in Plat Cabinet No. 1, Page 2, Slide 383, dated November 9, 1989. The motion passed unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: WHEREAS, Secondary Route 661 has been altered, and a new road has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered; and, , WHEREAS, certain sections of this new road follows new locations, these being shown on a sketch titled, "Changes in Secondary Systems Due to Relocation and Construction on Route 661, Project 0661=046-223, M501 dated ak Richmond, Virginia January 23, 1992. NOW, THEREFORE, BE IT RESOLVED: That the Board recommends that Section of old location, i.e., Section 3, shown in YELLOW on the aforementioned sketch, a total distance of 0.06 Mi., be, and the same hereby is, discontinued as a public road, pursuant to Section 33.1-150 of the Code of Virginia of 1950, as amended. AND, FURTHER, that Sections 1 and 2, shown in BLUE on the aforementioned sketch, a total distance of 0.06 Mi., be, and the same hereby T•, aoo~ 14 ~~~~209 is, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia of 1950, as amended. i AND, FURTHER: That Sections 4 and 5 shown in RED on the aforementioned sketch, a total distance of 0.13 Mi., be, and hereby is added to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia of 1950, as amended. The motion passed unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: WHEREAS, Secondary Route 1945 has been altered, and a new road has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered; and, 1 WHEREAS, certain sections of this new road follows new locations, these being shown on a sketch titled, "Changes in Secondary Systems Due to Relocation and Construction on Route 661, Project 0661-046-223, M501 dated at Richmond, Virginia January 23, 1992. NOW, THEREFORE, BE IT RESOLVED: That Sections 2 and 6 shown in RED on the aforementioned sketch, a total distance of 0.06 Mi., be, and hereby is added to the Secondary System of State Highways, .pursuant to Section 33.1-229 of the .Code of Virginia. of 1950, as amended. The motion passed unanimously (5-0). Supervisor Spady moved the Board adopt the fallowing resolution: WHEREAS, Secondary .Route 665 has been altered, and a new .road has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road. so altered; and, WHEREAS, certain sections of this new road- follows new locations, these being shown on a sketch .titled, "Changes in Secondary Systems Due to Relocation and Construction on Route 665, Project 0665-046-224, M501 dated at .Richmond, Virginia February 5, 1992. NOW, THEREFORE, BE IT RESOLVED: That Sections 1 and 2 shown in BLUE on the aforementioned sketch, a total distance of 0.41 Mi., be, and the same hereby is, abandoned as a public road, pursuant to Section 33.1-155 of the Code of Virginia of 1950, as amended. AND, FURTHER, that Sections 3 and 4, shown in RED on the aforementioned sketch, a total distance of 0.41 Mi., be, and hereby is added to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia of 1950, as amended. The motion passed unanimously (5-0). Supervisor Spady moved the Board approve $300,000 as matching ` SO4M 14 z14!2~0 funds. for the Revenue Sharing Program. The motion passed unanimously (5-0). County Administrator Standish stated for the Board's information Route 620 would be temporarily closed by the Virginia Department of .Transportation for approximately four months during bridge repairs. // Chairman Bradby called for a .public hearing on the following ordinance: Amendment to the Erosion and Sedimentation Control Ordinance of Isle of Wight County County Attorney Crook stated in the spring or summer of 1991, the Board adopted administrative fees in those ordinances in which it is authorized by State statute including the Erosion and Sedimentation Control Ordinance. County Attorney Crook further stated at that time, this ordinance was in the process of being totally rewritten by Bill McKay, the previous County Planner, and later it was. completed and adopted without the inclusion of the new administrative fees. County Attorney Crook continued these administrative fees previously adopted by the Board of Supervisors need to now be added to the ordinance. Chairman Bradby called for citizens to speak in favor. No one appeared. Chairman Bradby called for citizens to speak in opposition. No one appeared. Chairman Bradby called for comments by the Board. Supervisor Cofer moved the Board adopt the following ordinance:. AN ORDINANCE TO AMEND THE EROSION AND SEDIMENTATION CONTROL ORDINANCE OF ISLE OF WIGHT COUNTY TO INCLUDE APPLICATION/ADMINISTRATIVE FEES WHEREAS, the Board of Supervisors. of the County of Isle of Wight,. Virginia, adopted an Erosion and Sedimentation Control Ordinance on June 30, 1975, pursuant #o Chapter 5 of Title 10.1 of the Code of Virginia; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, adopted an amendment to said ordinance on May 16, 1991 to include administrative fees; and, WHEREAS, the Board of .Supervisors of the County of Isle of Wight, Virginia, on July 1$,1991 adopted a new revised Erosion and Sedimentation Control Ordinance which failed to include the administrative fees adopted 1 i i May 16, 1991. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Section 6-13 of the Isle of Wight County Erosion and Sedimentation Control Ordinance be amended to read as follows: Section 6-13. Issuance; fees. No person shall engage in any land disturbing activity, as defined in Section 6-3 within the County until he has acquired a land disturbing permit and paid a fee for same to the .County in the amount of Seventy Dollars ($70.00) plus Ten Dollars ($10.00) per acre of land. to be disturbed. (Second and third paragraphs to remain unchanged.) The motion passed unanimously (5-0). Chairman Bradby called for a public hearing on the following Special Use Permit: The application of Ashby Land Trust./Carrollton Land Company for a Special Use Permit to continue the location of a mobile home used for a sales and development management office for Ashby Subdivision; at 15131 Ashby Way West, which is located off the south side of Carrollton Boulevard (Route 17) in Newport Magisterial District 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 from the Board. Supervisor Spady moved the Board approve the application of Ashby Land Trust/ Carrollton Land Company. The motion.. passed .unanimously (5-0). Chairman Bradby called for a public hearing on the following Special Use Permit: The application of William P. and Marilyn Edwards for a Special Use Permit to locate and operate a game reserve and commercial sporting. .clay/skeet shooting range on approximately. one hundred-twenty (120) acres of a two hundred (200) acre parcel of land which is located on the south side of Fire Tower Road (Route 644) between Pope Swamp Trail (Route 647) .and Courthouse Highway (Route 258), in Hardy 14 ~-~•212 ~' eoo~ Magisterial 1istrict 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 from the Board. Supervisor Edwards moved the Board approve the application of William P. and Marilyn Edwards. The motion passed unanimously (5-0). County. Attorney .Crook stated additional action by the Board was necessary because the 200 acres to be used for these purposes should be withdrawn from the Agricultural Forestal District because of the more intensive use of the land which would result from granting this Special Use Permit. Supervisor Edwards then moved the Board approve the withdrawal of 200 acres from the Agricultural District. The motion passed unanimously (5-0). // Grace Keen of Smithfield requested the Board consider tax relief for elderly and handicapped citizens with an income level of $6,000 or less during preparation of the FY 1992-93 budget. Hugh Gwaltney requested the Board look into the matter of delinquent decals. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following application for the Board's consideration IL The application of William P. and Marilyn Edwards for a Conditional Use Permit to locate a hunting lodge on approximately two hundred (200) acres of land located on the south side of Fire Tower Road (Route 644) between Pope Swamp Trail (Route 647) and Courthouse Highway (Route 258), in Hardy Magisterial District Supervisor Edwards moved the Board approve the application of William P. and Marilyn Edwards. The motion passed unanimously (5-0). r ec~r 14 :~:.~213~ Mr. Caskey presented the following application for the Board's consideration: The application of Sinclair Telecable, Inc., to modify conditions approved under a Conditional Use Permit issued to locate a 20' by 30' block transmitter building and six (6) 300' radio towers for WNIS radio, on 27.654 acres of land located: off Track Lane (Route 624) in Hardy Magisterial District William Riddick, Attorney for Sinclair Telecable, Inc., stated the applicants are requesting two modifications to the application: (1) in lieu of the fact that the contractor delivered a-five-foot fence rather than asix- foot fence, allow the applicant to place one foot of barbed wire at the top of the five-foot fence to make it a six-foot fence, and (2) regarding the perimeter fencing of the site, allow the applicant to fence in front of the woods rather than through the woods because of the density of the woods. Chairman Bradby moved the Board approve the application with a modification to Condition #2 which would allow the applicant to not be required to fence in around the anchor points and the guide posts based on the reason that the perimeter of the property is already fenced, allow the applicant to place asix-foot fence with the last one foot consisting of a barbed wire fence, and regarding the fencing around the perimeter of the site, allow the applicant to fence in front of the woods, rather than through the woods. The motion passed unanimously (5-0). // Chairman Bradby called for the County Attorney's report. County Attorney Crook offered no report for discussion by the Board at this time, but added that he would be reporting to the Board on matters in the County Administrator's report. 1/ Chairman Bradby called for the County Administrator's report. Alan Nogiec, Director of the Parks & Recreational Facilities Authority, noted he would be replacing the vacant position of Financial Coordinator. The Board noted i#s approval. Supervisor Cofer moved the Board adopt the following resolution: 1 RESOLUTION TO ACCEPT. AND APPROPRIATE NINE THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS ($9,568) FROM THE COMMONWEALTH OF VIRGIhTIA FOR THE TWO FOR LIFE PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded reimbursement from the Commonwealth of Virginia for the Two For Life Program during the fiscal year 1990-91; and, eooN ~4 yu~214 WHEREAS, funds in the amount of nine thousand five hundred sixty-eight dollars ($9,568) are needed to be appropriated to the Isle of Wight Rescue Squad and Windsor Rescue Squad, line items 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 nine thousand five hundred sixty-eight dollars ($9,568) be appropriated to line items 11- 3203-5605A,Isle of Wight Rescue Squad ($4,784) and 11-3203-5605B Windsor Rescue Squad ($4,784) 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 program 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 FOURTEEN THOUSAND TWO HUNDRED FORTY DOLLARS FROM THE 1991 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL CONSTRUCTION FUND WHEREAS, the Board of Supervisors of the County of Isle of .Wight, Virginia has approved the appropriation of funds for school construction; • ~ and, WHEREAS, the funds in the amount of fourteen thousand two hundred forty dollars ($14,240) needs to be appropriated from the 1991 school bond issue proceeds to the school construction 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 fourteen thousand two. hundred forty dollars ($14,240) from the 1991 school bond issue proceeds be appropriated to the school construction 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 Edwards moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED TWENTY-THREE- THOUSAND DOLLARS FROM THE 1990 BOND ISSUE PROCEEDS FOR COMMUNICATION SYSTEM IMPROVEMENTS FOR THE E-911 COMMUNICATIONS CENTER/ PUBLIC SAFETY FACILITY _ ... _ ~ x~ ., WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the construction of the E-911 communications center/public safety facility; and, D WHEREAS, the funds in the amount of one hundred twenty-three thousand dollars ($123,000) need to be appropriated from the 1990 bond issue proceeds to the E-911 communications center/public safety facility, equipment 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 one hundred twenty-three thousand dollars ($123,000) from the 1990 bond issue proceeds be appropriated to line item 14-9402-7002, E-911 communications center/ public safety facility, equipment 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 he would also like approval for him to report back to the Board on the final contracts regarding the sales agreements for the console, installation, system enhancement and twenty- track recorder. Supervisor Edwards moved the Board .direct the County Administrator to report back to the Board on the .final contracts regarding the sales agreements for the console, installation, system enhancement and twenty-track recorder. The motion passed unanimously (5-0). County Administrator Standish stated the County has traditionally placed animal control traps on private property if requested by a resident; however, in discussions with the County Attorney, he has advised this .may not be an appropriate practice. County Administrator Standish further stated as a result, -the matter is being brought to the Board for their. direction and input from the County Attorney on .his opinion. County Administrator Standish continued a recommended policy on animal trapping is provided for the Board's consideration. i~ County Attorney Crook stated it is not a function of County government to provide the placement of traps on private property for residents and that. residents could themselves purchase traps for their personal use. County Attorney Crook further stated the Animal Control Department is to assist in trapping dangerous animals or animals .causing damage, but not to supplement individual landowners.: County Attorney Crook continued if a situation exists that is dangerous or where an animal is destroying livestock or property, then it would be appropriate for Animal Control to set traps for such animals. County Attorney Crook stated the Board could adopt the recommended policy if they desired although he did eQO~ 14 :~~~~216 Y3 -not think it necessary. since he has so advised the Animal Control Department and they have been following his advice. County Administrator Standish stated he would revise the proposed new animal control policy and report back to the Board with the revisions. Supervisor Edwards requested the County Administrator research the Animal Control fees and procedures and report back to the Board. County Administrator Standish stated at the previous meeting of the Southeastern Public Service Authority a preliminary discussion was undertaken regarding the potential of that agency and/or the Planning District Commission reviewing regional water source development or water distribution systems. County Administrator Standish further stated each of the communities attending the meeting were asked to report to their respective Board or Council to receive direction on the matter and Isle of Wight County has, in the past, been supportive of regional efforts in a variety of areas.. County Administrator Standish continued the Board has. been. provided a list of recommendations in which they may wish to consider directing their representative on the Southeastern Public Service Authority Board, Supervisor Cofer, to submit to the Southeastern .Public Service Authority Board. Supervisor Spady moved the Board direct the County Administrator to share the County's recommended position with other localities, and that it be presented to the Southeastern Public Service Authority Board. The motion passed unanimously (5-0). County Administrator Standish stated the contract has expired with Goodman & Company, the firm which has been undertaking the County's annual audits and under the original Request for Proposal, the County reserved the right to continue their services up to a .five-year period. County Administrator Standish further stated if the Board desired, Goodman & Company could be asked for another two-year contract or the County could seek Request for Proposals from the other auditing firms. County Attorney Crook stated the policy was to advertise for bids every two years. County Attorney Crook further stated he was not sure of the provision that the County could go another three years at a negotiated price and asked if this would be at the same price. County Administrator Standish replied that Goodman & Company -and other auditing firms previously indicated to the County that if a multi- year contract. could be implemented, the price per year would be lower. County Administrator Standish further stated at that time, the. County revised the Request for Proposal to say that the County would consider multi-year arrangements. County Administrator Standish continued if cost was a concern, he would suggest that County staff be directed to negotiate with Goodman & Company to see what kind of cost they are seeking. County Attorney Crook stated that he would need to review the bid proposal and original contract. He stated further that if the bid and DOOK ~4 ~!~~~~~ 1 contract was for two years with the County having an option to extend for three years at a fixed price, then this would be permissible under the Procurement Act. However, if the contract was for .two years with a provision to negotiate a price at the end of the two years for another term, then this would be in violation of the Procurement Act and would necessitate putting the new contract out for bids. Supervisor Spady moved the Board direct .County staff to contact Goodman & Company to determine the cost of auditing services for the next year's audit and report back to the Board and also direct the. County Attorney to review the original bid proposal and contract to determine if the County can extend the Goodman & Company contract for auditing services for another year. The motion passed unanimously (5-0). // Chairman Bradby called for New Business. There was no new business for discussion by the Board. // Chairman Bradby called for Old Business. Supervisor Edwards requested the Board consider tax relief for senior and handicapped individuals during the budget process. 1 County Attorney Crook stated what the Board has chosen to do in the past is tax deferral, not exemption. County Attorney Crook further stated the decision for the Board to make is whether they ..wish to continue with the tax deferral or do they wish to consider full exemption for the elderly. Supervisor Spady requested. the .County Administrator provide information on what other localities are doing regarding tax deferral or tax exemption relief, as well as what they. use as their criteria and how this criteria is determined. // Chairman Bradby called for Appointments. There were no nominations for appointment by the Board. // Chairman Bradby called for approval of the March 5,-1992 minutes of the Board. .Upon recommendation of County Attorney Crook, Supervisor Edwards moved the Board adopt the March 5, 1992 minutes of the Board. The motion passed unanimously (5-0). . _ ~ K eooN 14 r~c:~?...8 ~l 1 ~/ At 4:55 p.m., Supervisor Spady moved the Board adjourn and take a ten-minutes break before proceeding with the Public Service Authority meeting. The motion passed unanimously (5-0). Henry . ~ Bradby, Chairman Standish, Clerk.