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04-16-1992 Regular Meetingao~N 14 r~c~?19 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF APRIL IN THE .YEAR NINETEEN HUNDRED NINETY TWO PRESENT: Henry H. Bradby, Chairman Steven W. Edwards, Vice Chairman Joel C. Bradshaw, Jr. Malcolm T. Cofer O. A. Spady Also Attending: H. Woodrow Crook, Jr., Coun y Attorney Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Donald T. Robertson, Assistant to the County Administrator Hilda W. Harmon, Director of Budget & Finance - Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to order at 7:00 p.m. The invocation was delivered by Supervisor Edwards. // Chairman Bradby called for a public hearing on the following: A. Proposed FY92/ 93 Operating and Capital Budgets Hilda W. Harmon, Director of Budget & Finance stated the recommended budget in the amount of $32,210,771 was provided to the Board earlier and properly .advertised, and recommends adjustments in the real estate tax rate from .70 to .72 and the Machinery & Tools tax rate from .91 to .95; that the County implement. the proration of personal property taxes, to become effective January 1,1993; implement development fees that cover 100% of associated costs; a 5% cost-of-living increasefor all employees who have not received an adjustment since July 1,1990; as well as reducing or combining positions where possible and minimizing administrative costs. Mrs. Harmon stated the budget, as presented, recommends emphasis for the support of basic services to the community, particularly emergency, health and welfare. Mrs. Harmon stated within the budget, .school funding in the amount of $23,158,254 is recommended to the Board, a portion of which is based upon the anticipated fund balance that will. be available beginning July 1, 1992. Mrs. Harmon further stated if the amount of the fund balance is . greater after July 1, 1992 than is currently anticipated, the Board may wish to consider an additional allocation to the schools if the need is demonstrated. Mrs. Harmon stated since the preparation and publication of the budget in the newspapers, additional information has been received and/or errors in the budget noted. and, as a result, additional expenditures in the 100N 14 F~r.~z?~~' amount of .approximately $8,000 are recommended in the operating budget. Mrs. Harmon further stated regarding the capital budget, completion of .costs of the Windsor Volunteer Fire station should be added to the next General Obligation bond issue,-and not funded from the unappropriated fund balance. Mrs. Harmon continued two additional adjustments the Board may wish to consider are aone-time $10,000 allocation to the County Fair Committee and a $30,000 ahocation to the Isle of Wight Rescue Squad for an ambulance. Mrs. Harmon stated that also recommended to the Board are a number of initiatives for the next fiscal year which will have an important impact on the stability and integrity of future County budgets, while not having a direct bearing on these budget appropriations. Chairman Bradby called for citizens to speak in favor or against the .proposed FY92-93 budget. Pamela Edwards, School Board .Chairman, requested the Board fully fund the proposed school budget. Dr. Jane York, School Superintendent, requested the Board fully fund the proposed school budget. Dr. York noted factors which influenced the requested budget were the educational programs and the achievement of children, as well as the student enrollment growth. anticipated next year, which is why the Board sees a request in the budget for a school bus and additional mobile units. Dr. York stated the employees of the schools were also thought about during the preparation of the budget, as well as technology and the weak economy. Beryl Perry, Treasurer, requested the Board not adopt the Treasurer's budget as recommended due to a reduction of $12,000 which would come from office salaries. Mr. Perry stated .this reduction would result in an agreement termination with the Board concerning a Delinquent Tax Collection Officer, which is fully reimbursed by fees that are chargeable to the delinquent tax payers.. Mr. Perry further stated in regard to the line item concerning. collection fees for attorneys on land sales, per the State Code, these fees can be reimbursed to the County through charges to the. delinquent tax payer. Vince Doheny, Director of the Western Tidewater Community Services Board, requested full funding of the proposed budget. Mr. Doheny stated his agency is the lowest local funded in the State although his agency maintains the highest fees collected in which they generate up to 44% of their total budget through their own efforts. Mr. Doheny further stated new and expanded programs. -have been developed, as well as a new home opening for the mentally retarded in Zuni. Mr. Doheny continued a 23.4% rate increase in the State/local choice health plan has been initiated and he has been advised that a 9% administrative cost reduction and possibly a 6% reduction in operating funds will occur shortly. Mr. Doheny then requested additional funds be allocated to his .budget, if possible, due to these reductions. D eoox .14 >E~~2?1~ Kevin Duck, Vice President of the Carrsville Volunteer Fire Department, requested the capital portion of the Carrsville Volunteer Fire Department's proposed budget not be adopted as presented. Mr. Duck stated additional funds were needed due to old gear requiring replacement, as well as a need to refurbish an engine. Mr. Duck further stated a new tanker is also needed and requested the Board increase their capital budget allocation by at least $7,700. Chairman Bradby called for comments from the Board. Supervisor Bradshaw stated that the Public Works/Refuse Collection line item was reduced from the previous year in the recommended budget and asked if Public Works could. perform satisfactory .service of refuse collection for the County with .this reduction. County Administrator Standish stated the reduction .was recommended because it is believed that the expenses will be less for collection next year and that there were one-time purchases in the current year which will not be required next year. County Administrator Standish further stated that the disposal budget is lower because one of the items in the current year, specifically engineering for closing the old landfill, is being funded separately by the bond: issue approved by the Board several years ago. At the request of the Chairman, County Attorney Crook advised the Board would have to wait at least seven days. before. adopting. the budget which would necessitate a continued meeting in April.. He suggested they decide that date now so that the people in attendance for the budget hearing would know when it would be acted upon. Supervisor Edwards moved the Board continue the meeting to April 30, 1992 at 7:00 p.m. for adoption of the budget. The motion passed unanimously (5-0). Chairman Bradby called for a public hearing on the following: B. An Ordinance to Prohibit Shooting or Hunting with a Firearm Within 100 Yards of Any Property Line of a Public School or a County, City, Town or Regional Park Chairman Bradby called for citizens to speak in favor. No one appeared. Chairman Bradby called for citizens to speak in opposition. No one appeared. Chairman Bradby called for comments by the Board. Supervisor Edwards moved the Board adopt the following ordinance: ~eooK 14 =~ •222 ~ AN ORDINANCE TO PROHIBIT SHOOTING OR HUNTING WITH A FIREARM WITHIN 100 YARDS OF ANY PROPERTY LINE OF A PUBLIC SCHOOL OR A COUNTY, CITY, TOWN, OR REGIONAL PARK WHEREAS, the General Assembly of Virginia by an Act embodied in Section 29.1-527 of the Code of Virginia has provided that Counties may prohibit hunting near public schools, county, city, town or regional parks. NOW, THEREFORE, BE IT, AND IT IS HEREBY ORDAINED by the Board. of Supervisors of Isle of Wight County, Virginia that shooting or .hunting with a firearm, or traversing an area while in possession of a loaded firearm, within 100 yards of any property of a public school, or a county, city, town or regional park is prohibited. The violation of this ordinance is a Class 4 misdemeanor. The motion passed unanimously (5-0). // Chairman Bradby called for Citizens Comments. Mayor. Claud of Windsor stated the Town has received the . specifications and construction plans for the new fire department and after review of same, the Town voted to approve these pending a meeting with the Board of Supervisors. Mayor Claud further stated it was the plan of the - Town to proceed with putting the plans out for bids and the bids should be opened on May 21, 1992. Mayor Claud continued the architect has advised the construction period should be approximately six months with the completion of the building in November or December of 1992. Mayor Claud then requested a commitment from the Board for funds for the project. Supervisor Spady stated the Finance Committee would be in contact concerning the matter. Supervisor Edwards stated he hoped the Board would continue working with the Town in this effort. Douglas Braun appeared regarding trespassing and trapping of .animals on his property. // Supervisor Spady. recognized Boy Scout Troop 36 from Carrollton, their troop leader, Mark Bailey and Committee Chairman, Dennis Camper. .Supervisor Spady explained they were present at the meeting to earn a merit badge. ~. // h 1 ~. eo~« 14 ~~jr2?3 Chairman Bradby called for the Community Development. report. u W. Douglas Caskey, Assistant County .Administrator/ Community Development, stated that in April of 1991, the Board of Supervisors approved a conditional .rezoning application to rezone property from B-1 #o Ml-Conditional for purposes of providing for a pallet company, specifically J. C. Pallet Company on Route 10. Mr. Caskey further stated at the time the application was reviewed by the Board there was a condition attached to the application which stipulated that a solid eight-foot fence would be installed to replace the existing fence and. that pallet stacks would not exceed the height of the fence. Mr. Caskey continued since that time his department has had to enforce this condition on several occasions as the applicant has been in violation of his conditions and, as a result, the Planning Commission is recommending to the Board of Supervisors that they consider revoking the permit due to continued violations of the conditions on the property. County .Attorney Crook stated if the Board wishes to consider this revocation, the procedure must be the same as it was for the granting of this conditional zoning which. means it must go to the Planning Commission for public hearing and then. come before the Board of Supervisors for public hearing. Rodham Delk, attorney for the applicant, J. C. Pallet Company, stated he met with Mr. Caskey and the applicant today,to discuss what might be accomplished to bring the applicant into compliance. Attorney Delk further stated there is no dispute that the applicant has stored. materials outside the confines of the existing fence of the property, but that this is a product of the success of the business more than anything. Attorney Delk continued it was originally anticipated that eight people would be employed, with a possible increase to fifteen people and that within .one year after the rezoning was granted, this business now employs twenty three people and there is nowhere to put everything they own within .the confines of the. existing fence. Attorney Delk then requested the Board not take any legal action at this time to revoke the conditional .zoning because it -was the desire of the applicant to continue the discussions started today with Mr. Caskey towards resolving the matter and bringing the application into full compliance with the zoning ordinance. 1 Thomas Fitzgerald, attorney representing the. landowners, stated if J. C. Pallet Company could. abide by the proffers the landowners would like for them to stay on the premises because the landowners appreciated the income which the use of this premise has generated. ,. Supervisor Bradshaw moved the Board table the matter for thirty days to allow the County Attorney to confer with County staff, representatives of the business and their legal counsel. The'motion passed unanimously (5- 0). // Chairman Bradby called for the County Attorney's report. ..County .Attorney Crook stated at the request of Mr. Casket', he reviewed the 911 equipment lease agreement and the enhanced host provider agreement as proposed by GTE. County Attorney Crook further. stated he had written a letter earlier to Mr. Casket' and the Board regarding the problems he found with the contracts and since that time he had received a letter from the attorney for GTE which agrees to delete all of the language that he found objectionable, particularly as to waiver of sovereign .immunity and indemnification of GTE by the County. County Attorney Crook continued the only thing GTE did not agree to delete was some of the language concerning the payment for services, but that GTE is willing to change that language to comply with the tariff law, which would govern. County Attorney Crook stated in view of this letter, he has written to the GTE attorney statingthat he finds the proposed changes acceptable and has recommended the GTE attorney to so revise the contracts and he will then recommend them to the Board. County Attorney Crook stated at the- request of the Board, he had written to the United States Postmaster General concerning the location of the mail boxes on rural routes and received a letter back from the United State Postal Service which indicates that it is their policy to locate the rural mailboxes on the right hand side of the route of the rural mail deliverer. County Attorney Crook further stated he did not see. where this would prohibit the location of the mailboxes on both sides of the road in cases of elderly or handicapped individuals and that he would pursue this matter, if the Board so directs, with the request that the mailboxes be located on the same side of the road as the home of the elderly or handicapped individual. Supervisor Edwards moved the Board request the County Attorney to pursue this matter. The motion passed unanimously (5-0). County Attorney Crook stated the County has received a proposed agreement between the County and the Town of Windsor which has been approved by the Town of Windsor which proposes to compensate Sheriff's deputies at overtime rates for adding patrols as requested by the Town of Windsor which will be at no cost to the County. County Attorney Crook further stated he has discussed the matter with the Sheriff, who is agreeable to this, and therefore recommends it to the Board. Supervisor Edwards moved the Board adopt following the agreement: THIS AGREEMENT, made as of this 1st day of April, 1992, by and between the COUNTY OF ISLE OF WIGHT, VIRGINIA, hereinafter County ; the TOWN OF WINDSOR, a Virginia municipal corporation situate in Isle of Wight County, hereinafter "Town"; and CHARLES W. PHELPS, SHERIFF OF ISLE OF WIGHT COUNTY, hereinafter "Sheriff": WHEREAS, pursuant to the Agreement, dated September 1, 1988, between the County, the Town and the Sheriff, on March 13, 1990, the Town appointed the Sheriff to be Chief of Police for the Town and adopted certain ordinances concerning the law enforcement in the Town; and, 1 1 WHEREAS, the Town has requested the Sheriff to provide additional BOQIf ~4 -bG~~.'~.5 1 patrol and enforcement activities within the Town, and the Town has agreed to reimburse the County for the additional patrols and enforcement activities by the Sheriff on the basis of hourly personnel and mileage costs, exclusive of required court time; and, WHEREAS, the hourly personnel costs will be for overtime for existing Sheriff's deputies at $15.33 per hour through June 30, 1992, and at $16.10 per hour for the period July 1, 1992 through June 30, 1993, and the mileage reimbursement rate through June 30,1993, will be $0.1636 per mile: NOW, THEREFORE, in .consideration of the performance of the agreement dated September 1, 1988, and the mutual promises' .obtained herein, it is agreed: 1. The Sheriff shall provide additional .patrols and. enforcement activities within the Town as requested by the Mayor of the Town. 2. On a monthly basis, the Sheriff shall prepare an invoice of the personnel and mileage costs applicable to such patrols and enforcement activities, exclusive of required court time, on the basis of the hourly rates and mileage rates set forth above, and submit the same to the Town for reimbursement to the County. 3. The Town shall make payment directly to the County, which shall .constitute full payment on account of the services provided by the Sheriff hereunder. 4. This agreement shall expire at midnight June 30, 1993,. unless otherwise renewed by mutual agreement. The motion passed unanimously (5-0). // Chairman Bradby called for the County Administrator's report. Upon the recommendation of the County Attorneywho stated that the Commonwealth Attorney was also recommending. it, Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION RECOGNIZING APRIL 25, 1992 THROUGH MAY 2, 1992 AS NATIONAL VICTIMS' RIGHTS WEEK WHEREAS, almost 35 million Americans become victims of crime each year with 5.7 million citizens falling prey to violence; and, WHEREAS, to fight the con#inuing threat of crime and victimization, all Americans must join together, committing their individual and collective resources to crime prevention and victim service; and, WHEREAS, over 6,000 victim service, criminal justice, and law enforcement organizations will join together in communities across America eoo~ 14 .~,~~2?6 to focus attention on the plight of the innocent victims of crime. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that the week of April 25, 1992 through May 2, 1992 be designated as NATIONAL VIC'T'IMS' RIGHTS WEEK in Isle of Wight County, and that all citizens of the County are called upon to recognize the impact of lawlessness and the importance of the rights of victims of such crime. .The motion passed unanimously (5-0). Clarence Warnstaff, Director of Public Utilities for the City of Virginia Beach, stated a resolution was adopted by the City of Virginia Beach supporting the provisions of House Bill 488, as well as similar resolutions being adopted by Franklin, Chesapeake and Suffolk. Mr. Warnstaff further stated .the Bill was passed by both houses of the General Assembly and has been signed by the Governor and certain provisions of House Bill 488 allocate 16,000,000 gallons of water per day from the flow of the waters in the Roanoke River for the development of additional. public water supplies in the southeastern Virginia area that participate in the Lake Gaston project. Mr. Warnstaff continued in return for the allocation of the water, the Bill requires certain payments to be made to a southside infrastructure commission; however, the Act .will not become effective unless positive action is taken by the participating jurisdictions in the Lake Gaston water .supply project. Mr. Warnstaff stressed that no payments are required to be made under this Act unless all ten jurisdictions in the southside adopt resolutions agreeing to dismiss their lawsuits and cease all opposition to the Lake Gaston project. By way of background for the current Board of Supervisors members, County Attorney Crook stated the City of Norfolk came to Isle of Wight County requesting.: the installation of wells to add water to the water .reservoir system for the City of Norfolk in the early 1980's. County Attorney Crook further stated in the 1940's, Norfolk came to the County and took the surface water of certain streams which they damned and also from the Blackwater .River without any compensation to Isle of Wight County. County Attorney Crook stated the Board of Supervisors objected to the City of Norfolk taking groundwater in the 1980's and stated they would fight it. While the court fight was going on between Norfolk and Suffolk, Virginia. Beach and the County got together and agreed .that if Virginia Beach reimbursed the County for the wells, the County would put down the wells .and provide Virginia Beach water for reasonable compensation in times of emergency.. County Attorney Crook continued this recognized that the locality has a compensable interest in their water resources for which they should receive compensation and now in the surface water situation with the Roanoke River, these localities that boarder on the river, want to be compensated for the water that is being taken, and it is following the same pattern that the County initiated with the City of Virginia Beach. County Attorney Crook stated that he thought the County should endorse the resolution to allow for reasonable compensation to those localities for the water that is being taken from the Roanoke River and transported to the City of Virginia Beach. BDQN ~.4 %e~~2??~ Supervisor Spady moved the Board adopt the following resolution: RESOLUTION OF THE COUNTY OF ISLE OF WIGHT CONCERNING THE CONFERENCE COMMITTEE REPORT ON HOUSE BILL NO. 488 AS ADOPTED BY THE 1992 SESSION OF THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the Conference Committee Report which was adopted by both houses of the Virginia General Assembly in its fifth enactment .clause contains certain assurances required of localities which may participate in the Lake Gaston Water Resources Project; and, WHEREAS, the County of Isle of Wight may wish to receive the benefit of the allocation of water from the Roanoke River specified in House Bill No. 488; and, WHEREAS, in order for the third and fourth enactment clauses of the Groundwater Management Act to become effective, each water receiving jurisdiction must approve the terms of Section One of the fourth enactment. NOW, THEREFORE, BE IT RESOLVED. by the County of Isle of Wight that the County of Isle of Wight approves the terms of Section One of the fourth enactment of the Groundwater Management Act. The motion passed unanimously (5-0). Supervisor Spady moved the Board approve the following agreement: AGREEMENT BETWEEN THE VIRGINIA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES AND THE COUNTY OF -ISLE OF WIGHT, VIRGINIA FOR THE 1992 COOPERATIVE GYPSY.MOTH SUPPRESSION PROGRAM This agreement is .between the Virginia .Department. of Agriculture and Consumer Services, hereinafter referred to as the Department and the County of Isle of Wight for the purpose of providing a cooperative gypsy moth suppression program in the said County, hereinafter referred to as the locality. In consideration of the promises and mutual covenants herein obtained, .the parties do hereby agree as follows: A. The Department agrees to procure the services and/or supplies listed on proposal forms submitted by the locality and approved by the Department. B. The locality shall reimburse the Department for 100% of the costs of requested services and/or supplies, not to exceed $500.00. C. A billing statement listing cost of services or supplies will be sent to .the locality by April 17, 1992. Payment on the billing statement is due from the locality within 30 days of the billing date. eoa~ 14 :~c+2?8 ~` Payment must be made directly to VDACS at Post Office Box 526, Richmond, Virginia 23204. D. Materials supplied by the Department will be delivered in a timely manner on a date suitable to both parties. E. Before exceeding estimated cost by 10% or additional supplies are requested, both parties must agree in writing to the change. F. Both parties agree to the agency responsibilities as outlined in the Guidelines for Cooperative Gypsy Moth Suppression Program published by the Virginia Department of Agriculture and Consumer Service and dated September 2, 1991. This agreement shall be effective immediately after signed by all parties. The motion passed .unanimously (5-0). County Administrator Standish stated the Poor House farm property, owned by the County, has a peanut allotment and the property has not been farmed for a number of years and the County has been advised that after several years of not being farmed, the County is in jeopardy of losing the peanut allotment. County Administrator Standish further stated it has been recommended that the County put the peanut allotment of 12,380 pounds out to sealed bid. Supervisor Edwards moved the Board authorize the solicitation of bids to be considered at a future meeting. The motion passed unanimously (5-0). County .Administrator Standish noted relative to delinquent tax collection, $366,447 has been collected through the end of March, at a cost of $44,331 which is approximately 12.1% of the amount collected. // Chairman Bradby. called for New Business. There was no new business offered for discussion by the Board. // Chairman Bradby called for Old Business. Supervisor Edwards requested the status of the proposed SPSA landfill. County-Administrator Standish replied at this time, it was the desire of SPSA to pursue the environmental approval of expansion of the existing 1 .: eaoK ~.4.~~~??9~ regional landfill in Suffolk. County Administrator Standish stated the second regional priority appears to be the Isle of Wight site. ~~ Supervisor Edwards stated he believed it would be appropriate, if the Board so desired, to ask SPSA not to pursue anything further on the Isle of Wight site because of the opposition to the project. County Attorney Crook stated numerous public hearings were held and the matter was debated and the County approved the permits. County Attorney Crook further stated for the County at this stage not to use its permits would be futile. County Attorney Crook continued there has been a request, which has been taken up with the Planning .Commission, concerning what they in#ended by certain conditions and he has to give an opinion on -these conditions. County Attorney Crook further stated he has. met. with Mr. Caskey and the Planning Commission and when he writes the opinion, he will provide the Board with copies pertaining to same. Supervisor Edwards moved that the Board direct the Chairman to send a letter on behalf of the County to the Southeastern Public Service Authority encouraging. them. to pursue all other sites other than Isle of Wight for the location of a landfill. Supervisor Spady pointed out that the intent of SPSA was to go with the Suffolk site and not the Isle of Wight site at this time. Supervisor Edwards stated he would withdraw his motion. // Chairman Bradby called for Appointments. There were no nominations for appointment by the Board. // Chairman Bradby. called for approval of the March 19, 1992 minutes. Upon recommendation from County Attorney. Crook, Supervisor Spady moved the Board adopt the March 19, 1992 minutes. The motion passed unanimously (5-0). // 1 At 8:30 p.m., Chairman Bradby noted that a motion was made earlier by Supervisor Edwards and unanimously adopted. to continue the. meeting . until Apri130,1992 at 7:00 p.m. regarding the 199.93 operating and capital budgets. Pursuant to that motion,. the Board meeting .was declared continued by the Chairman.