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05-07-1992 Regular Meeting`eoe« ~.4 ~~~234 ~' REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF MAY IN THE YEAR NINETEEN HUNDRED NINETY TWO PRESENT: Henry H. Bradby, Chairman Steve W. Edwards, Vice Chairman (Arrived at 2:05. p.m.) 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. and delivered the invocation. // Chairman Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated the construction project on Route 620 should be completed within the next thirty days and the bridge replacement over Vellines Swamp was proceeding on schedule. Chairman Bradby called for comments by the Board... Supervisor Edwards requested VDOT to repair the hole in the road I on Route 673. Mr. Neblett stated he would look into the matter. Mr. Neblett stated the Board had previously approved $300,000 in matching revenue sharing funds which needs to be committed to a particular project and that his recommendation would be to commit the funds to the Route 704 bridge replacement project in Rescue. Supervisor Spady moved the Board authorize the Board's commitment of $300,000 in matching road improvement revenue sharing funds to be used on the Route 704 bridge replacement project in Rescue. The mokion passed unanimously (5-0). Supervisor Bradshaw requested the status of the drainage problem at the Raineys. Mr. Neblett replied he may have the equipment to solve the drainage problem and he would check into the matter. ep~M ~4 s,;::r2.35 ., Chairman Bradby called for comments from citizens regarding -highway matters. No one appeared. 1 // Chairman Bradby called for a public hearing on the following rezonings: 1. The application of Davie M. and Peggy H. Haverty for a change in zoning classification from A-1, Agricultural Limited to Conditional M-1, Conditional Industrial Limited, no more than .50 acre of land located on Eagle Nest Lane which is between Days Points Road (Route 673) and the Pagan Creek, in Hardy Magisterial District. The purpose of the application is to accommodate storage warehousing in an existing building on the property. Chairman Bradby called for citizens to speak in favor. Davie Haverty appeared. Chairman Bradby called for citizens to speak in opposition. No one appeared. Chairman Bradby called for comments by the Board. Supervisor Spady moved the Board approve the application of Davie M. and Peggy H. Haverty. The motion passed unanimously (5-0). Supervisor Spady then moved the Board allow the withdrawal of the .50 acre of land from the Agricultural Forestal District at the request of the applicant. The motion passed unanimously (5-0). 2. The .application of James W. and Pearl B. Jones for a change in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential, approximately three (3) acres of land located on the south side of Duck Town Road (Route 648) between River Run Trail (Route 614) and Bows and Arrows Road (Route 641), in Windsor Magisterial District. The purpose of the application is for no more than three (3) rural residential lots. Chairman Bradby called for. citizens to speak. in favor. James W. Jones appeared. eorK ~.4 :.1:236 ~~' Chairman Bradby called for citizens to speak in opposition. No one appeared. Chairman Bradby called for comments by the Board. Supervisor Bradshaw moved the Board approve the application of James W. and Pearl B. Jones. The motion passed unanimously (5-0). // Chairman Bradby called for Citizens Comments. Grace Keen, David Olsen and Alan Bradby appeared and spoke in support of placing a referendum on the ballot for the selection of School Board members by the Board of Supervisors. County Attorney Crook stated a public hearing by the Board on the matter would need to be held after July 1,1992 and, if the Board so desired, a resolution could be passed requesting the Circuit Court to initiate a referendum at the next general election. Supervisor Spady moved the Board advertise a public hearing on the matter for the July 2, 1992 meeting at 2:00 p.m. The motion passed unanimously (5-0). // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following requests for the Board's consideration and stated both requests were taken before the County's Historic Architectural Review Committee who recommended to the Board. that the alterations would enhance the existing structure and that the proposed color schemes and improvements would not be detrimental to the intent of the district. Mr. Caskey further stated it was also considered that the placement of the business sign would be similar to a sign placed on the adjoining property at the corner of the intersection. Mr. Caskey continued the Historic Architectural Review Committee recommended both requests to the Board. 1. Request of Roland L. Spady, owner, to construct and install siding, shutters, windows, and a pitched roof on an existing building within the St. Luke's Historic. District at 19441 Brewers Neck Boulevard (Route 258 & 32), Newport Magisterial District. 1 Supervisor Spady. moved the Board approve the request of Roland L. Spady to construct and install siding, shutters, windows, and a pitched roof on an existing building within the St. Luke's Historic District. The motion passed unanimously (5-0). } aocK 14 :~::~23? ~ 2. Request of Roland L. Spady, owner, and William P. David, Davis Family Motors, Inc., lessee, to locate one (1) business identification sign at 19441 Brewers Neck Boulevard within the St. Luke's Historic District, Newport Magisterial District. Supervisor Spady moved the Board approve the request of Roland L. Spady to locate one (1) business identification sign. The motion passed unanimously (5-0). 1 Mr. Caskey stated the County has been advised that based on the 1990 Census and recent modifications to federal transportation legislation and criteria, a portion of Isle of Wight County appears to be eligible for inclusion in the urbanized area for transportation planning. Mr. Caskey further stated inclusion in the metropolitan planning organization (MPO) would bring certain benefits to the County such as a voice, in regional transportation issues, would enable the County to maintain amore informed position in terms of transportation planning matters, and .would also give the, County the ability from a lobbying standpoint to securN the support of the MPO in terms of representation of a major transportation project with VDOT. Mr. Caskey continued determination of the County's inclusion would be a function of both the State and the Hampton Roads Planning District Commission and it is the recommendation of County staff that the County pursue this inclusion in the MPO. .Supervisor Cofer. moved the Board authorize a letter from the Chairman of the Board of Supervisors to the Chairman of the Planning District Commission requesting that the County be accepted into the MPO. The motion passed unanimously (5-0). // Chairman Bradby called for the County Attorney's report. -~ it County Attorney Crook stated in January or February it was brought to the Board's attention the consideration of a separate tax classification for recycling equipment and that the Board can exempt such recycling equipment from taxation or grant a partial exemption. County Attorney Crook stated at that time, it was suggested by Judy Begland, the County's Economic Development .Director, that it be a 50% exemption. County Attorney Crook further stated he then requested input from the Commissioner of the Revenue and that he had -since received a letter from him stating he did not have a problem with it as .long as it did not apply to equipment that is already .placed in service. County Attorney Crook. continued this could not be done and. that if it is going to be certified recycling equipment, it must apply to all recycling equipment, although the Board could grant an exemption of whatever percentage the Board desired. County Attorney Crook stated if the Board wished to consider this, an ordinance .would need to be prepared and advertised so the Board could take action on it, hopefully before July 1, 1992. After discussion by the Board, it was the request of the Board to have eoe a report on revenue gain and loss for existing equipment -from the Commissioner of Revenue, County Attorney Crook advised he did not have any further matters .for discussion by the Board, although he did have two matters for executive session later in the. meeting. // Chairman Bradby called for the County Administrator's report. Larry Land with the Virginia Association of Counties (VACO) presented a briefing on the VACO activities and highlighted some of the more .critical issues being looked at by VACO. Mr. Land stated VACO exists to support County officials and to represent, promote and protect the interests of counties to better serve the citizens of Virginia. Mr. Land further stated VACO represents counties in the General Assembly, as well as tries to develop .programs which will provide for education of local government officials. Chairman Bradby questioned what VACO was doing regarding more taxing authority for counties. Mr. Land stated there was a bill introduced last year by Delegate Quillen, which was carried over, that would provide counties a taxing authority equal to cities. Mr. Land further stated this is one of the most high priority issues over the last several years and is seen as the potential for reduced reliance upon real property taxing. Supervisor Bradshaw expressed his concern with the loss of State funding for social services, particularly relating to the companion program. Mr. Land- stated an important issue is .the continued reduction in federal/state aide to localities which forces the counties to pickup the slack. Mr. Land recommended the Board communicate with VACO on any concerns of the County. Chairman Bradby moved the Board adopt the following resolution: RESOLUTION TO APPROVE THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION FOR THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT PROGRAM AND TO ACCEPT AND APPROPRIATE TWENTY-FOUR THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM H COMMONWEALTH OF VIRGINIA, DEPARTMENT OF YOUTH & FAMILY SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is approving the development and submission of an application for a grant from the Commonwealth of Virginia, Department of Youth & Family Services for the Delinquency Prevention & Youth Development Program; and, ,: ao~r 14 .~~~239~ WHEREAS, the funds in the amount. of twenty-four thousand dollars ($24,000) or so much as shall be received from the Commonwealth of Virginia, Department of Youth & Family Services need to be appropriated to the Delinquency Prevention & Youth Development Program in the 1992- 93 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 twenty-four thousand dollars ($24,000) or so much as shall. be received from .the Commonwealth of Virginia, Department. of Youth & Family Services be appropriated in the 1992-93 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 all the things necessary to give this resolution effect. The motion passed unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROVE THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION FOR THE VICTIM/ WITNESS ASSISTANCE PROGRAM AND TO ACCEPT AND APPROPRIATE. THIRTY-TWO THOUSAND DOLLARS OR SO MUCH AS .SHALL BE RECEIVED FROM THE COMMONWEALTH. OF VIRGINIA, DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Board of Supervisors. of the County of Isle of Wight, Virginia is approving the development and submission of an application for a grant from the Commonwealth of Virginia, Department of Criminal Justice Services for the Victim/Witness Assistance Program; and, WHEREAS, the funds in the amount of thirty-two thousand dollars ($32,000) or so much as shall be received from the Commonwealth of Virginia, Department of Criminal Justice Services need to be appropriated to the Victim/Witness Assistance Program in the 1992-93 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-two thousand dollars ($32,000) or so much as shall be received from the Commonwealth of Virginia, Department of Criminal Justice Services be appropriated in the 1992-93 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 all the things necessary to give this resolution effect. The motion passed unanimously (5-0). ,sooty 14 zA~.?~0 ~ Supervisor Bradshaw moved the Board adopt the following resolution: ' RESOLUTION TO APPROPRIATE TWO HUNDRED SIXTEEN THOUSAND SEVENTY-FIVE DOLLARS FROM THE FEDERAL GOVE~NT FOR VARIOUS SCHOOL. PROGRAMS WHEREAS, the School Board of the County of Isle of Wight has received grants for various programs; and, WHEREAS, the funds in the amount of two hundred sixteen thousand seventy-five dollars ($216,075) need to be appropriated to the following programs in the 1991-92 budget of the County of Isle of Wight, Virginia: Chapter I Carryover 1990-91 $166,181 Drug Free Schools Carryover 1989-90 1,116 Drug Free Schools Carryover 1990-91 3,585 Title VI-B Carryover 1990-91 12,994 Chapter. II Carryover 1990-91 5,370 Title II Carryover 1990-91 799 Chapter I 1991-92 11,960 Title II 1991-92 14,070 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two hundred sixteen thousand seventy-five dollars ($216,075) be appropriated to the programs listed above in the 1991-92 budget of the County of Isle of Wight, . Virginia. 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 ACCEPT AND APPROPRIATE FORTY-EIGHT THOUSAND SEVEN HUNDRED FORTY-EIGHT DOLLARS FROM THE COMMONWEALTH OF VIRGINIA AND THE FEDERAL GOVERNMENT FOR SOCIAL SERVICES DEPARTMENT PROGRAMS WHEREAS, the Social Services Department has received additional allocations from the Commonwealth of Virginia and the .Federal Government; and, WHEREAS, the funds in the amount offorty-eight thousand seven hundred forty-eight dollars ($48,748) to be received from the Commonwealth of Virginia and the Federal Government need to be appropriated to the Social Services Department 1991-92 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board +~. eoo~ ~,~ ~~ ?~~1 ~ of Supervisors of .the County of Isle of Wight, Virginia that forty-eight thousand seven hundred forty-eight dollars ($48,748) to be received from the Commonwealth of Virginia and the Federal Government be appropriated to the following line items in the 1991-92 budget of the County of Isle of Wight: Foster Care $17,694 Independent Living 2,002 FEMA 5,875 Education and Training Child Care 1,800 Child Care and Development 12,945 Supplemental State/Federal Allocation 8,432 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 these allocations 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 TWENTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR THE. SECTION 8 HOUSING PROGRAM WHEREAS, the Social Services. Department of Isle of Wight County, Virginia has contracted with the Virginia Housing Development Authority for administration of the Section 8 Program; and, WHEREAS, the funds in the amount of eighteen thousand seven hundred fifty dollars ($18,750) to be received from the Virginia Housing Development Authority and nine thousand dollars ($9,000) from the unappropriated fund balance need to be appropriated to the Section 8 Housing Program 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 Isle of Wight County, Virginia that eighteen thousand seven hundred fifty dollars ($18,750) to be received .from the Virginia Housing Development Authority and nine thousand dollars ($9,000) from the unappropriated fund balance be appropriated to line item Section 8 Housing Program, contracted services in the 1991-92 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant 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 FOUR THOUSAND EIGHT HUNDRED EIGHTY DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE eoo« 14 r,~12~'~2 ~ OF THE GENERAL FUND TO THE SHERIFF'S DEPARTMENT AUXILIARY PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved initiation of an auxiliary program for the Sheriff's Department; and, WHEREAS, the funds in the amount of four thousand eight hundred eighty dollars ($4,880) need to be appropriated from the unappropriated fund balance to the Sheriff's Department Auxiliary Program 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 thousand eight hundred eighty dollars ($4,880) from the unappropriated fund balance be appropriated to the Sheriff's Department Auxiliary Program 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 the Treasurer was not present at this meeting, but .for informational, purposes, an error was made in obtaining information from the Compensation Board on what was State and what was local funding in last year's Treasurer's budget. County Administrator Standish further stated as a result of this, the Treasurer's budget was under funded and asked the Board to table the matter until a meeting when the Treasurer could be present. Supervisor Edwards moved the Board table the matter until the May 21, 1992 meeting in order for the Treasurer to be present to address the issue. The motion passed unanimously (5-0). County Administrator Standish stated the high bid by William E. Laine, Jr. for the peanut allotment of the Poor House Farm property was 40.6 cents per pound. of allotment. Supervisor Cofer moved the Board accept the high- bid of 40.6 cents per pound of peanut allotment by William E. Laine, Jr. The motion passed unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION RECOGNIZING MAY AS SENIOR CITIZEN MONTH WHEREAS, the senior citizens of Isle of Wight County contribute invaluably to the growth and achievement of our community through their spirit, dedication and talent; and, WHEREAS, it is recognized that the senior members of this community, through their skills and experience, are recognized as a most important resource, .and do rightfully deserve our collective appreciation and awareness; and, BOOK ~4 :,.:r2'~J WHEREAS, the month of May is universally recognized as Senior Citizen Month in the Commonwealth of Virginia,. and throughout the United States. 1 NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that the month of May be recognized as Senior Citizen Month in Isle of Wight County and all citizens are urged to join in recognizing and honoring the lifelong citizens who make Isle of Wight a most important place to live. The motion passed unanimously (5-0). Donald T. Robertson outlined a proposed program for- Volunteer Recognition Day to be held at the Courthouse complex at 5:00 p.m. on May 29, 1992 at an approximate cost to the County of $500 to $800 for the Board's information and approval. County Administrator Standish presented the .following proposed Animal Control trapping policy: ANIMAL CONTROL TRAPPING POLICY 1 Any traps set should be checked not less than twice daily to ensure that animals do not remain in the .traps any longer than. is absolutely necessary. County Administrator Standish presented an article for the Board's information from the. Isle of Wight Count~Press, Isle of Wight, England regarding a recent trip by an islander to Isle of Wight County, Virginia. // Chairman Bradby called for Old Business. Supervisor Edwards inquired when the asphalt and the basketball goal would be fixed at the elementary school in Windsor. Dr. Jane T. York, who was present in the audience,. replied this would be accomplished in the Summer. 1 Animal Control dog and cat traps shall be set on private property at County residents' request in response to destruction of property and/or in cases of potential personal harm. In non-emergency cases, citizens should be assisted in obtaining their own traps, to be utilized under the guidance of Animal Control staff in meeting appropriate humane standards. // Chairman Bradby called for New Business. Supervisor Bradshaw questioned .the enforceability of the business license tax ordinance on businesses not located in the County. He questioned whether they could be required to obtain a business license in ,the County. , ®oQK ~.4 -~Gr244~ County Attorney Crook stated a business can only be taxed one time in the State of Virginia on gross receipts. County Attorney Crook explained each business is taxed .where the place of business is located. County Attorney Crook continued he would review the matter and report back to the Board. // Chairman Bradby called for Appointments. There were no nominations for appointment by the Board. // Chairman Bradby called for approval of the April 2, 1992 minutes of the Board. Supervisor Cofer moved the Board adopt the April 2,1992 minutes of the Board. The motion passed unanimously (5-0). // County Attorney Crook requested an Executive Session pursuant to Section 2.1-344 A7 of the Freedom of Information Act for advice of counsel concerning potential litigation and other legal matters requiring advice of counsel and for discussion with the Board a personnel matter concerning . the Jail Authority under Section 2.1-344 Al of the Freedom of Information Act. At 3:15 p.m., Supervisor Cofer moved the Board go into Executive Session for the reasons stated by the County Attorney. The motion passed unanimously (5-0). At 3:35 p.m., upon returning to open session, Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING 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, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in 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. ~t 1 i VOTE eo~~ ~14 ~ae~ ~~5 AYES:. 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion passed unanimously (5-0). // Supervisor Spady requested the Board authorize the Finance Committee to contact the Town of Windsor concerning the appropriation of $300,000 for the proposed new fire station conditioned on the ownership of the proposed building being shared by the Town and the County. Chairman Bradby moved the Board authorize the Finance Committee to contact the Town of Windsor concerning the appropriation of $300,000 to the building project and to discuss joint ownership of the project by the Town and County. The motion passed unanimously (5-0). // At 3:40 p.m., Supervisor Cofer moved the Board. adjourn. The motion l passed unanimously (5-0). 1 ~~ Henry H. adby, Chairman •~ •~17y+~r-~i Myles Standish, Clerk i