01-07-1993 Regular Meeting*~.
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTH DAY OF JANUARY IN THE YEAR
NINETEEN HUNDRID NINETY THREE
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 2:00 p.m. and
delivered the invocation.
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Chairman Bradby designated County Administrator Standish to act
as Chairman for the election of a new Chairman. Mr. Standish then called
for nominations for Chairman. Supervisor Spady nominated ,Steve W.
Edwards as Chairman of the Board of Supervisors for 1993. Steve W.
Edwards was elected as Chairman of the Board of Supervisors for 1993 by
unanimous vote (5-0) of the Board.
Supervisor Bradby thanked the Board for allowing him the privilege
and opportunity of serving as Chairman of the Board for the past six years.
Supervisor, Bradby congratulated and pledged his support to Chairman
Edwards and stated he would continue to favorably represent his District
and the County as a whole.
Supervisor Spady stated Supervisor Bradby had expressed his desire
to allow another. Board member an opportunity to serve as Chairman and
that. he believed Supervisor Bradby had done an excellent job as Chairman
of the Board.
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Chairman Edwards stated he had learned a great deal from observing
Supervisor Bradby and hoped he could represent the County in the same
effective manner.
Chairman Edwards called for nominations for Vice Chairman. ~ 1
Supervisor Cofer nominated O. A. Spady as Vice Chairman of the Board of
Supervisors for 1993. O. A. Spady was elected as Vice Chairman of .the
Board of Supervisors for the year 1993 by unanimous vote (5-0) of the
Board.
Supervisor Cofer moved the Board designate the first Thursday of the
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mor-th at 2:00 p.m. and the third Thursday of the month at 7:00 p.m. in the
Board Room at the Isle of Wight Courthouse as the regular meeting days
and times for the Board of Supervisors to meet for 1993. The motion passed
by unanimous vote (5-0) of the Board.
Supervisor Spady moved the Board designate Myles E. Standish as
Clerk of the ~ Board. of Supervisors for 1993.. The motion passed by
unanimous vote (5-0) of the Board.
County Administrator Standish advised the Board should elect a tie-
breaker.
County Attorney Crook advised in .1992 the Board elected G. W.
White, Jr. as the tie breaker for afour-year term.
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County Administrator Standish noted the agenda table of contents
failed to list as a public hearing the request of Yeoman Farm Trust to
amend the approved conditions of the .borrow pit operation, dated
Decembex 6, 1990, and to amend the borrow pit Operation Plan of the
twenty-eight acre borrow pit to be located between Turner Drive (Route
644) and Cypress Run Drive although the matter had been properly
advertised for a public hearing. Mr. Standish further noted that the
Resident Engineer had been detained and would be present for
. Transportation Matters later in the meeting.
Supervisor Bradby moved the Board amend the order of the agenda
to hear Transportation Matters at a later time in the meeting. The motion
was unanimously. (5-0} adopted.
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Chairman Edwards called for a public hearing on the following:
An Ordinance to Amend an Ordinance to Provide Exemptions
From Taxation of Certain Personal Property for Physically
Handicapped Individuals, Volunteer Rescue Squad or Volunteer
Fire Department Members to Add Auxiliary Police Officers.
County Attorney Crook advised the Board the County currently has
apreviously-adopted ordinance which exempts one vehicle for handicapped
individuals, for volunteer rescue and fire department members, and this
proposed amendment adds to that exemption auxiliary police officers. Mr.
Crook further advised the matter has been properly advertised for public
hearing today by the Board...
Chairman Edwards called for persons to speak in favor of or in
opposition to the proposed ordinance.
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No one appeared.
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Chairman Edwards called for comments by the Board.
Supervisor -Cofer stated he had requested t11e Commissioner of the
Revenue to provide him with a list of the total abatements for last year for
such.. vehicles which showed approximately 197 abatements totaling an
average of $180. Supervisor Cofer further stated he would recommend a
cap of $400 for exemption of taxes for volunteer organizations' members'
vehicles.
County Attorney Crook advised the Board that the amendment under
consideration was only to add the exemption for auxiliary police officers.
He stated that if a cap is to be placed on the exemption an amendment to
the ordinance would .have to be prepared and advertised for a public
hearing because the cap would have to apply equally to all. of the
organizational members granted the exemption, i.e., disabled persons,
volunteer fire departments' members, and volunteer rescue squad members,
as well as the auxiliary police officers.. County Attorney Crook advised the
Board that the Board could adopt the amendment to add auxiliary police
ofFicers and he would prepare a new amendment to be advertised for
public hearing to place a cap on all the exemptions in the ordinance or the
Board. could table the amendment to add auxiliary police officers until that
was done.
Supervisor Cofer moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE TO PROVIDE
EXEMPTIONS FROM TAXATION OF CERTAIN
PERSONAL PROPERTY FOR PHYSICALLY
HANDICAPPED INDIVIDUALS, VOLUNTEER RESCUE SQUAD
OR VOLUNTEER FIRE DEPARTMENT MEMBERS
TO ADD AUXILIARY POLICE OFFICERS
WHEREAS, the General Assembly for the Commonwealth of Virginia-
. has provided by various Acts now embodied in Title 58.1, Chapter 35,
Article 1, Section 58.1-3506 of the Code of Virginia, as amended, that the
governing body of any county may, by ordinance, provide for the
exemption from taxation of certain tangible personal property for physically
handicapped individuals, members of volunteer rescue squads or members
of volunteer fire departments, and motor vehicles owned by persons who
have been appointed to serve as auxiliary police officers; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, by ordinance adopted March 15, 1990, exempted from taxation
certain motor vehicles owned by members of volunteer rescue squads or
members of volunteer fire departments and motor vehicles specially
equipped for physically handicapped individuals; and,
WHEREAS, the Board of Supervisors of Isle of Wight .County,
Virginia, deems it to be in the best interests of the taxpayers of Isle of Wight
County to provide for exemption from taxation of motor vehicles owned by
persons who have been appointed to serve as auxiliary police officers
within the County.
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NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of Isle of Wight County, Virginia, pursuant to Section
5$.1-3506 of the Code of Virginia of 1950, as amended, that Section 15-4.2
of Chapter 15 of the Isle of Wight County Code be amended by adding
thereto the following as paragraph (c) thereof:
Motor vehicles owned by persons who have. been appointed to serve
as auxiliary police officers by the Board of Supervisors of Isle of Wight
County, Virginia> One motor vehicle which is regularly used by each
auxiliary police officer to respond to auxiliary police duties may be specially
classified under this section. In order to qualify for such classification, in
January of each year, any auxiliary police officer who applies for such
.classification shall identify the vehicle for which this classification is sought,
and shall furnish the Commissioner of Revenue or other assessing officer
with a certification from the governing body which has appointed such
auxiliary officers. That certification shall state that the applicant is an
auxiliary police officer who regularly uses a .motor vehicle to respond to
auxiliary police duties, and it shall state that the vehicle for which the
classification- is sought is the vehicle which is regularly used for that
purpose.
The. ordinance was adopted by unanimous vote (5-0) of the Board.
Supervisor Cofer moved the Board authorize the County Attorney to
prepare an amendment to the County Code to set the cap on the exemption
for personal property taxes for members of said volunteer organizations at
.$400. The motion was unanimously (5-0) adopted.
Chairman Edwards called for a public hearing on the following:
An Ordinance Providing Exemption and or Deferral of Real
Estate Taxes for the Elderly and Handicapped
County Attorney Crook advised the County has had a tax deferral
ordinance for the past several years for qualified elderly citizens, including
the permanently disabled. Mr. Crook stated the Board had requested him
to prepare an ordinance which allows a choice, if they qualify,.for a deferral
or an exemption of 50% of the tax. Mr. Crook .advised the matter has been
properly advertised for public hearing.
Chairman Edwards called. for citizens to speak in favor of or in
opposition to the proposed ordinance.
David Olsen of the Hardy District stated he was in support of the
Board offering a tax relief exemption to citizens of the County who are in
need of this type of tax relief; however, he is not in favor of allowing
citizens to choose a deferral.
Grace Keen of the Newport District stated she would suggest placing
a cap of $500 on the amount of tax relief and that she would prefer a
graduated scale, rather than a 50% exemption. Mrs. Keen stated she would
-like to see a total exemption if a citizen has an income of $6,000 or less.
Chairman Edwards called for comments by the Board.
Supervisor Bradshaw suggested that the Board review the proposed
ordinance further because he believed improvements could be made which
would make it a better ordinance.
Supervisor Spady agreed the Board should review the proposed
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ordinance to fine tune it before taking acti
County A~torney Crook stated he had written the Board on November
4, 1992 explaining the history of this ordinance, the various changes that
had been made in it, the caps involved in it, as well as information from the
Commissioner of the Revenue pertaining to the matter. Mr. Crook further
stated the ordinance was prepared as an exemption ordinance, but that he
had recommended against deleting the deferral. Mr. Crook continued the
ordinance is now ready for adoption by the Board and that the Board will
always receive different suggestions for exemptions and different
recommendations on deferrals.
Supervisor Bradby stated the ordinance should be clearly
understandable and recommended eliminating the deferral portion from the
ordinance which may create a financial hardship on the survivors who
would be forced to pay the required taxes.
Chairman Edwards pointed out the Board should take into
t there are citizens now who are using the deferral
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program and if the Board did not elect to adopt deferral and went to the
exemption only, they would have to begin paying 50% of the taxes.
Supervisor-Spady stated the Board should request the Commissioner
of the Revenue to review the matter to determine whether or not this may
require additional staffing in the Commissioner's office.
Supervisor Cofer moved the Board table the matter until the February.
4,1993 meeting and directed the, Commissioner of the Revenue to provide
Administrator with his input relative to administrative cost..
the Count
y
The motion was adopted by unanimous (5-0) vote.
Chairman Edwards called for a public hearing on the following:
The request of Yeoman Farm Trust to amend the apps 990
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ted December 6
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conditions of the borrow pit operat
and to amend the borrow pit Operation Plan of the twenty-eight
(28) acre borrow pit to be located between Turner Drive (Route
644) and Cypress Run Drive, in Newport Magisterial District.
Specifically, the request is (1) to amend Condition #8 to reeu3
the number of speed bumps across the roadway from thre ( )
to one (1); (2) to amend Condition #10 to allow other than
daylight hours operation; (3} to request an extension of thirty-
seven (3~ months (from 12-6-95 to 1-1-98) on the life of the
(4) to name Isle of Wight Materials as an operator; and,
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(5) to allow scales and an office trailer at the site.
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W. Douglas Caskey, Assistant County Administrator/Community
Development, stated the Board of Supervisors initially approved a
Conditional Use Permit for the proposed borrow pit on December 6, 1990,
subject to ten conditions which are included in the agenda package along
with the .original Operations Plan. Mr. Caskey .further stated during the
public hearing held by the Planning Commission, the applicant presented
information regarding each element of the application and that .there was
one adjoining property owner who spoke concerning the reduction of the
existing speed bumps from three (3) to one (1). Mr. Caskey explained that
other individuals share the use of the private lane for accessing their own
private property and they are opposed to the speed bumps altogether, but
are not in opposition to any other element of the application. Mr. Caskey
continued the Planning Commission discussed the application particularly
with regard to the need for the three (3) speed bumps, alternatives to the
speed bumps, any proposed change in the size of the proposed borrow pit,
-and whether Condition #9 was necessary. Mr. Caskey stated at the
conclusion of the discussion, the Planning Commission voted 9-0 to
recommend approval of the amended Operations Plan and the amendment
of Condition #10 as presented. Mr. Caskey advised the Planning
Commission further recommended the following:
1. The removal of all speed bumps.
2. The applicant install one (1) stop sign at the point where trucks
exit the haul road at Cypress Run Drive and one (1) stop sign
at the point where vehicles ingress and egress the shopping
center at Cypress Run Drive.
3. The last sentence of Condition #9 be deleted..
Mr. Caskey stated before the Board is a letter which was received too
late for inclusion in the agenda from Chasmar Properties, Inc. speaking in
favor of granting the permit, subject to the conditions. outlined by the
Planning Commission.
County Attorney Crook stated regarding the report from the Planning
Commission which listed the removal of the speed bumps, the applicant
install one stop sign and the deletion of the last sentence of Condition #9,
the Planning Commission also approved the change in Condition #10 that
was presented at that time, which is not worded in the agenda the way it
was presented to the Planning Commission and the way it was approved.
Mr. Crook advised the Board that he has his notes and agenda from the
Planning Commission meeting with him tonight, as well as .the amended
condition that was submitted to the Planning Commission on that day
which reads "normal operation hours of the pit will be daylight hours on
Monday through Saturday and the designated County agent can allow
operation other than during daylight hours with notification by the operator
seventy-two hours in advance." Mr. Crook continued he insisted on this
change with the applicant prior to the Planning Commission's meeting and
it was therefore presented to the Planning Commission. Mr. Crook advised
what. the Board has in front of them tonight concerning Condition #10 is
what was originally presented, without the change and. is not what was
approved by the Planning Commission.
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Chairman Edwards called for citizens to speak in favor of the request.
Henry Morgan, Vice President of Isle of Wight. Materials, appeared in
.favor of the request .and stated Isle of Wight Materials requests that
.Condition #8 be changed to reduce or eliminate the number of speed bumps
which is a request as a result of the inconvenience the speed bumps have
caused to ad}'acent homeowners to the pit property, the request to change
the hours of operation, the request to extend the life of the pit to January
1,1998, and the requests to consider scales and an office trailer be allowed
at the site.. Mr. Morgan stated that it was his understanding that Condition
#10 was approved as stated and worded by the County Attorney.
Chairman Edwards called for citizens to speak in opposition to the
request.
No one appeared.
Chairman Edwards called for comments from the Board.
Supervisor Cofer stated he had no problem with deleting the speed
bumps as long as some other alternative is considered to help the trucks
effectively stop in poor weather conditions.
Supervisor Spady questioned the reason for Condition #3, 50 by 100
foot gravel roadway. section.
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Mr. Morgan stated Condition #3 should serve to reduce the chance of
accidents occurring when trucks are exiting the pit.
Supervisor Spady asked if Isle of Wight Materials was going to install
a stop sign from their pit as it enters the shopping center .road.
Mr. Morgan stated a stop sign would be installed at the intersection.
Supervisor Spady stated in the original rules of operation it says that
the existing. pit. served by this roadway will be immobilized prior to
operational start-up of this pit. Supervisor Spady further stated he always
preferred to close a pit before opening another and Isle of Wight Materials
is saying now that they would like to continue it until March, then begin
reclamation of the pit.
Mr. Morgan stated Isle of Wight Materials anticipates being completed
with the. mining operation by March of 1993. as there is very little actual
mining that is left to be done, although there are stockpiles which need and
should be hauled off by March 1993. Mr. Morgan further stated at this time:
reclamation will begin and should be completed in six months which will
be September of 1993.
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County Attorney Crook pointed out that Mr. Turner had stated to the
Planning Commission that the Rennet' pit would be reclaimed by the end
June 1993. He asked Mr. Morgan if they are now requesting three
additional months. Mr. Crook advised the Board that he did not have a
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problem with six months as long as the pit is reclaimed.
Supervisor Spady stated he would like to amend the request to say
that it will be approved on the condition that the Kenney pit will be
reclaimed and finished by the first of September, 1993, and, if not, the
operation of the Yeoman Trust pit could be stopped.
Chairman Edwards requested the Codes Enforcer be advised that the
Board would like a report on the proposed operator concerning compliance
with the County Code for other pits operated by Isle of Wight Materials.
County Attorney Crook stated the track record of the operator is what
the Board considers primarily and approving an operator is one of the
reasons that the County requires the operator to be designated in the
permit.
Mr. Caskey stated relative to the Codes Enforcer's inspection today of
the area identified as the Jackson pit, a number of stockpiles of fly ash
materials was observed being stored and some portion of the material was
being mixed with sand material coming out of the pit to be used for
construction projects elsewhere.
County Attorney Crook stated he had discussed with Mr. Turner the
fly ash material being used at another pit as a fill material and he referred
Mr. Turner to Mr. Caskey. and Mr. Turner has provided the County with
information from the Department' of Waste Management and State Water
Control Board concerning fly ash material generally. Mr. Crook stated he
is not satisfied with the fly ash material as being a suitable material to be
used in reclamation and at this point, the County will probably recommend
to Mr. Turner that he seek a Special Use Permit to use this material. Mr.
Crook continued he has just learned today about the material being
stockpiled and mixed with sand and being used on a project which causes
him concern because this is beyond the parameters of the permit for the
borrow pit, although he does not think that that has anything to do with
this application. Mr. Crook staled he would ask the Board to give County
staff time to check further into this and, if necessary, stop the operation
where the fly ash is being stockpiled. Mr. Crook continued he would like
to see the Board proceed with the application under consideration, but in
view of the fly ash issue, he would also like to .suggest that in the amended
operational plan, the wording be added to read "... stockpiled .material as
approved by the County..."
Supervisor Spady asked Mr. Morgan if he was aware that what Isle
of Wight Materials is doing with the fly ash is a violation of the borrow pit
permit?
Mr. Morgan stated he was not aware that. this is a violation and
explained that the fly ash being used is approved for use by the Virginia
Departmen# of Transportation for special road construction projects.
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County Attorney Crook explained to Mr. Morgan that a borrow pit
application is a Conditional Use Permit in an agricultural zone so other than
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the borrow pit itself, only agricultural uses are allowed in that area. County
Attorney Crook further stated to stockpile fly ash would require a Special
Use Permit. `
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Supervisor Spady moved that the Board approve the Operations Plan
and Conditional Use Permit amendments as follows: .
1. The borrow pit will be operated in strict compliance with State
mining~regulations governing the operation of the borrow pit..
2. The ingress /egress ,route will be kept clean by a combination of
sweeping the asphalt and wetting the dirt haul road with water.
This will be done on a daily basis as often as conditions
warrant.
3. A 50 foot by 100 gravel roadway section will be installed at the
foot of the existing asphalt to remove dirt from the truck tires
prior to reaching the asphalt section.
4. All necessary Erosion Control barriers will be installed and
maintained in compliance with Local and State Erosion Control
and Best Management Practices throughout the operational
lifetime of the pit.
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5. Operation of the pit will be for a maximum of five years .from
January 1, 1993.
6. After active operation has ceased, the pit will be reclaimed in
accordance with standard guidelines. All side slopes will be
graded as called for on the operational plan and all equipment,
debris and excess material will be removed from the site.
7. The ingress /egress intersection will be signed and marked in
accordance with the revised approved traffic control plan.
8. .The pit operators will locate one stop sign at the point where
trucks exit the haul road at' Cypress Run Drive and one stop
sign at the point where vehicles ingress and egress the shopping
center at Cypress Run Drive.
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9. The pit operators will make every reasonable attempt to assure
the truck drivers are properly licensed and insured or bonded.
10. I`TOrmal operational hours of the pit will be daylight hours on
Monday through Saturday. The designated County agent can
allow operation other than during daylight hours with
notification by the operator seventy-two hours in advance.
Notification shall include estimated time,. destination and
duration of the hauling of materials.
11. The sand operation -for the Kenney pit will cease by April 1,
1993 and the Kenney pit or adjacent borrow pit will be fully
reclaimed ° by September 1, 1993 and if the operator. fails to do
so it will be cause to revoke the permit for the Yeoman pit.
12. In the amendment to the Operational Plan, in the third line after
stockpiled materials be added the wording "... as approved by
the County of Isle of Wight..."
13. Isle of Wight Materials is approved as an operator.
14. Scales and an office trailer are to be allowed at the site.
The motion was adopted by unanimous (5-0) vote of the Board.
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Chairman Edwards called for Citizens Comments.
Mary Jane- Scott requested improved services relative to gifted and
talented children.
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Chairman Edwards called for the Community Development report.
-There was no Community Development report offered for discussion
by the Board.
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Chairman Edwards called for the County Attorney's report.
County Attorney Crook stated he has prepared a resolution to vacate
the restriction on the plat for the Waterford Subdivision of Lot 14 which
had prohibited ingress and egress to Route 10. Mr. Crook further stated the
Board had previously indicated that they would approve this provided an
agreement was brought forth and signed by all of the owners within the
subdivision which has been accomplished.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO VACATE SUBDIVISION PLAT
WHEREAS, a plat of subdivision of property of H. W. ROBERSON
COMPANY, INCORPORATED, entitled "WATERFORD BEING A
SUBDIVISION OF PROPERTY OF H. W. ROBERSON COMPANY,
INCORPORATED NEWPORT MAGISTERIAL DISTRICT ISLE OF WIGHT
COUNTY, VIRGIlVIA DATE: 4/?~/90 SCALE: 1' - 100' LANGLEY AND
MCDONALD, P.C. ENGINEERS-PLANNERS-SURVEYORS VIRGII~TIA
BEACH AND WILLIAMSBURG, VIRGINIA" was recorded in Plat Cabinet
1, Slide 390, Pages 9 and 10 in the Clerk's Office of the Circuit Court of Isle
of Wight County, Virginia; and,
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WHEREAS, said plat has a notation thereon concerning Lot No. 14 as
follows, "no ingress/egress permitted along Route 10"; and,.
WHEREAS, all of the owners of the lots in said subdivision by written
agreement dated October 28, 1992, have requested in writing that said
notation for Lot No. 14 as shown on said plat be vacated pursuant to
Section 15.1-482 of the Code of Virginia of 1950, as amended; and,
WHEREAS, the County of Isle of Wight has not and does not intend
to enforce said notation to restrict ingress and or egress of Lot No, 14 to and
from Route 10. .
NOW, THEREFORE, be it resolved by the Board of Supervisors of Isle
of Wight County, Virginia, as the governing body of Isle of Wight County,
that said Board consents to the vacation of the notation "no ingress/egress
permitted along Route 10" for Lot No. 14 on that certain plat entitled
"WATERFORD BEING A SUBDIVISION OF PROPERTY OF H. W.
ROBERSON COMPANY, INCORPORATED NEWPORT MAGISTERIAL.
DISTRICT ISLE OF WIGHT COUNTY, VIRGINIA DATE: 4/24/90 SCALE:.
1" - 100' LANGLEY AND MCDONALD, P.C. ENGINEERS-PLANNERS-
SURVEYORS VIRGINIA BEACH AND WILLIAMSBURG, VIRGINIA",said
vacation and consent therefore being pursuant to Section 15.1-482 of the
Code of Virginia, 1950, as amended.
AND the Clerk of this Board is directed to forward an attested copy
of this resolution to the Clerk of the Circuit Court of Isle of Wight County,
Virginia, for recordation in said Clerk's Office.-
The resolution was unanimously (5-0) adopted. '
County Attorney Crook stated the Commissioner of the Revenue
recently. brought to his attention that in the ordinance providing for the
proration of personal property tax the ordinance is worded so that it
provides for motor vehicles and motor homes. Mr. Crook stated the
Commissioner of the Revenue has suggested that the ordinance be amended
to specify motor vehicles, trailers and boats.. Mr. Crook continued he
agreed with the Commissioner of Revenue's suggestion and stated this was
originally intended, although the ordinance did not state that specifically.
Mr. Crook stated he has prepared such an amendment and, if the -Board
will authorize it, he will advertise the amendment for public hearing. .
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Supervisor Cofer moved the Board authorize the. County Attorney to
advertise the amendment for public hearing. The motion was adopted by
unanimous (5-0) vote.
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Chairman Edwards called for the County Administrator's report.
County Administrator Standish stated included in the agenda is a
proposed three-party agreement between the City. of Suffolk and the
Counties of Isle of Wight and Southampton relative to data processing. Mr.
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Standish advised .this is a less expensive alternative should the County's
cooperative data processing be in need of programming assistance,
operating assistance, etc. and would be on an as-needed basis, rather than
employing a consultant from the private sector.
Supervisor Spady moved the Board authorize the County to enter into
the agreement with the City of Suffolk and County of Southampton. The
motion was adopted by unanimous (5-0) vote.
County Administrator Standish stated the State has mandated the
creation of a Disability Services Board, either individually or in conjunction
with other neighboring localities. Mr. Standish further stated the matter has
been discussed at the staff level with Southampton County and the City of
Franklin who recommend. that the communities work together to create
such a Board rather than individually creating their own.
Supervisor Cofer moved the Board. adopt the following resolution:
RESOLUTION TO ESTABLISH THE
WESTERN. TIDEWATER DISABILITY SERVICES BOARD
WHEREAS, Section 51.5-47 of the Code of Virginia provides for the
establishment of a Disability Services. Board; and,
WHEREAS, it is the desire of the Board of Supervisors of the County
of Isle of Wight, Virginia to establish a Board with the intent of
implementing the provisions of Section 51.5-47 of the Code of Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia in conjunction
with. the local governments of the City of Franklin and the County of
Southampton, Virginia, a Disability Services Board of the Western Tidewater
area to be composed of .nine members, who shall be appointed by the
Boards of Supervisors and the City Council of the respective participating
jurisdictions, in accordance with the provisions of the Joint Exercise of
Powers Agreement for the Creation of the Western Tidewater Disability
Services Board, which agreement is attached hereto and made a part hereof.
The resolution was adopted by unanimous vote (5-0) of the Board.
County Administrator Standish stated in order for the Board to
formally re-enter the Virginia Community Certification Program, the Board
should adopt the resolution included in the agenda for submission to the
State.
Supervisor Bradby moved the Board adopt the following resolution:
ISLE OF WIGHT COUNTY
RESOLUTION OF PARTICIPATION IN THE
VIRGINIA COMMUNITY CERTIFICATION PROGRAM
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WHEREAS, the Board of Supervisors of Isle of Wight, Virginia are
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interested in the economic well-being of its citizenry and the community at-
large; and, ,
WHEREAS, the Board of Supervisors of Isle of Wight, Virginia are
supportive of appropriate efforts within the community to promote
economic development; and,
WHEREAS, the Virginia Department of Economic Development is
offering a program entitled the Virginia Community Certification Program
which is specifically designed to assist Virginia communities to encourage
industrial and related economic development.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight, Virginia, that our community wishes to participate in the
Virginia Community Certification Program, and that the leadership of this
community fully realizes this program requires dedicated effort.
BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of
Wight, Virginia, that by making entry into this program, we are pledging
our best efforts to become designated as a "Certified" community.
BE TT FURTHER RESOLVED by the Board of Supervisors of Isle of
Wight, Virginia, that the program requires the existence of a Local Economic
Development Organization, and this governing body designates the
Department of Economic Development to represent our community for the
purpose of participating in this program.
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The resolution was adopted by unanimous vote (5-0) of the Board.
County Administrator Standish noted to the Board that the previously
provided Labor and Community surveys will be mailed out as part of the
certiFication program.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE FOUR THOUSAND
SEVEN HUNDRED FORTY DOLLARS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE
GENERAL FUND FOR ROOF REPAIRS TO THE
ISLE OF WIGHT MUSEUM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved expenditures for the repair of the Isle of Wight
Museum roof; -and,
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WHEREAS, the funds in the amount of four thousand seven hundred
forty dollars ($4,740) needs to be appropriated from the unappropriated
fund balance to -the Capital Project Roof Repair line item in the 1992.93
budget of the. County of Isle of Wight.
NOW, THEREFORE, BE TT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that four
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thousand seven hundred forty dollars ($4,740) from the unappropriated
fund balance be appropriated to the Capital Projects Roof Repair line item
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 and to do all the things necessary to
give this resolution effect.
The resolution was adopted by unanimous vote (5-0) of the Board.
County Administrator Standish stated the Parks & Recreational
Facilities Authority is requesting reimbursement of $486 for the 1992
Veterans' Day Program.
Supervisor Cofer moved the Board authorize payment in the amount
of $486 from the Contingency Fund. The motion passed unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
FORTY ONE THOUSAND SEVEN HUNDRED SIXTY-SEVEN DOLLARS
-FROM THE COMMONWEALTH OF VIRGINIA FOR THE
DRUG-FREE SCHOOLS AND COMMUNITIES ACT GRANT
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Drug-Free Schools and Communities Act; and,
WHEREAS, the funds in the amount of forty one thousand seven
hundred sixty-seven dollars ($41,767) need to be appropriated to the school
grant fund in the 1992-93 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that forty one
thousand seven hundred sixty-seven dollars ($41,767) be appropriated to
line item Drug-Free Schools and Communities Act Grant in the 1992-93
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 resolution was adopted by unanimous vote (5-0) of the Board.
Chairman Edwards moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND
DOLLARS FROM THE CAMP FOUNDATION FOR A
GRANT TO THE WINDSOR RESCUE SQUAD
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a grant from the Camp Foundation for the Windsor
Rescue Squad; and,
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WHEREAS, the funds in the amount of two thousand dollars ($2,000)
to be received from the Campe Foundation need to be appropriated to the
Windsor Rescue Squad line item 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 two
thousand dollars ($2,000) to be received from the Camp Foundation be
appropriated to line item 3203-5605B Windsor Rescue Squad 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 resolution was. adopted by unanimous vote (5-0) of the Board.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE SIX THOUSAND
DOLLARS FROM THE RUTH CAMP CAMPBELL FOUNDATION FOR
GRANTS TO THE WINDSOR AND CARRSVILLE VOLUNTEER FIRE
DEPARTMENTS AND THE WINDSOR RESCUE SQUAD
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received a grant from the Ruth Camp Campbell Foundation for
the Windsor and Carrsville Volunteer Fire departments and the Windsor
Rescue Squad; and,
Wf iEREAS, the funds in the amount of six thousand dollars ($6,000)
to be received from the Ruth Camp Campbell Foundation need to be
appropriated to the Windsor and. Carrsville Volunteer Fire Departments and
the Windsor Rescue Squad line item 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 six
thousand dollars ($6,000) to be received from the Ruth Camp Campbell
Foundation be appropriated to line item 3202-5604B, Carrsville- Volunteer
Fire Department ($2,000); 3202-5604E Windsor Volunteer Fire Department
($2,000); and 3203-5605B Windsor Rescue -Squad ($2,000) in the 1992.93
.budget of the County of Isle of Wight.
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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 #or this grant and to do all the things
necessary to give this: resolution effect.
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The resolution was adopted by unanimous vote (5-0) of the Board.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE THE PUBLIC SERVICE OF
WILLIE JAMES HILL
WHEREAS, Willie James Hill was alife-long citizen and resident of
Isle of. Wight County, Virginia; and,
WHEREAS, Willie James Hill, upon his retirement as a longshoreman,
dedicated his time and energy to public servir.A; and,
WHEREAS, Willie James Hill was the founder and first president of
the Isle of Wight County Mens' Organization; and,
WHEREAS, Willie James Hill served as a member of the Isle of Wight
Social Services Board from July 1989 until his sudden and untimely death.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight posthumously
recognize Willie James Hill for his dedicated public service to the citizens
of Isle of Wight County.
The resolution was adopted by unanimous vote (5-0).
County Attorney Crook stated in view of the resolution prepared for
Mr. Hill and others recently, he would like to suggest that the Board
consider a resolution to recognize the services of Fred Bailey, former
member of the Board who recently died.
Supervisor Cofer moved the Board direct County staff to prepare a
resolution honoring the late Fred Bailey. The motion was adopted
unanimously (5-0).
County Administrator Standish stated Senator Holland is requesting
the Count}~s legislative delegation to upport him regarding an amendment
to the State Code which would delete the necessity of polling the larger,
more urban, communities relative to the extension of toll-free calling.
Chairman Edwards stated this is a significant issue for citizens living
in the middle of khe County or on the fringes of these different call zones.
Chairman Edwards further stated he would encourage the Board to
formally pass a resolution urging the County's legislative delegation to
pursue the matter.
Supervisor Spady moved the Board formally endorse the issue and
direct the matter to the County's legislative delegation. The motion was
adopted unanimously (5-0).
County Administrator Standish stated there has been discussion by
the consultant employed by the Chamber of Commerce as to whether the
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County should issue a Request For Proposal for telephone services in the
County. Mr. Standish further stated. if a Request For Proposal was initiated,
this would bring to GTE's attention the fact that the County is serious about
the improvement of telephone service within the County. Mr. Standish
continued he has not consulted the County Attorney on the matter yet and,
if the Board is inclined to consider the matter, he will set up a meeting with
the County Attorney and the matter could be placed on the Board's January
21, 1993 agenda for further consideration.
County Administrator Standish noted there would. be a work session
matter included in the Board's January 21, 1993 agenda to discuss street
light alternatives.
County Administrator Standish noted the Board will be sent. a Budget
Calendar and December budget report the following week.
County Administrator Standish stated the Board received a letter from
Pentran under separate cover requesting that the County subsidize their
shuttle service to Newport News Shipbuilding. Mr. Standish further stated
he hoped to have additional information on the matter at the Board's
January 21, 1993 meeting.
Supervisor Bradshaw voiced strong opposition to the County
subsidizing the shuttle service to the Shipyard. Supervisor Bradshaw stated
this is essentially asking the County to pick up the remaining balance and
would, therefore, be opening up a "keg of worms" for future requests.
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County Administrator Standish stated he -had recently spoken with
Ken McLawhon, the new Smithfield Town Manger, regarding the
importance of having a project coordinator on the Paul D. Camp
Community College project, specifically the second floor renovation effort..
Mr. Standish further stated he would suggest the services of the former
Town Manager, Colonel Elsey Harris, to serve as the coordinator.
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Chairman Edwards called for Old Business.
Supervisor Bradshaw requested the status of a data processing
contract with Southampton County. Supervisor Bradshaw stated the
County should have its own data processing computer system.
County Administrator Standish stated he would need to meet with the
County Attorney to determine if the County has a formal agreement for
data processing services with Southampton County.
//
Chairman Edwards called for New Business.
There was no new. business offered for discussion by the Board.
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Chairman Edwards called for Appointments.
There were no nominations for appointment. by the Board.
//
At 3:35 p.m., Supervisor Spady moved the Board take afive-minute
recess. The motion passed unanimously (5-0).
Upon returning to open session at 3:45 p.m., Chairman Edwards
called for Transportation Matters.
Mac Neblett, Resident Engineer, Virginia Department of
Transportation, stated construction work on South Church Street and Oliver
Road has been delayed due to the recent bad weather.
County' Administrator Standish stated the State Department of
Historic Resources recently advised him that they found no historic
significance of the Route 704 bridge between Battery Park and Rescue.
Mr. Neblett stated because the Route 704 bridge was determined to
not have historic significance, VDOT was not required to perform a
complete Phase II Standing Structure Study which saved the County and
VDOT a considerable amount of money. Mr. Neblett further stated VDOT
is now in the process of sending an Environmental Impack Statement to the
Federal Highway Administration which has reviewed parts of it thus far.
Mr. Neblett continued VDOT expects approval from the Federal Highway
Administration on this document by the end of February 1993 and VDOT
is in the process of finishing up the preliminary location plans and revised
estimate which should be complete in time to go to public hearing on the
project by July 1, 1993, if not sooner. Mr. Neblett stated regarding the
funding for this project, VDOT believes the project can be scheduled for
bidding in July 1994 with construction beginning as early as.October 1994.
Mr, Neblett further stated three proposals would be presented at the public
hearing and a decision would then be made as to which alternative VDOT
will proceed with.
Mr. Neblett stated regarding the letter from the County Administrator
dated December 9, 1992 which made reference to questions Supervisor
Bradshaw had regarding the use of work release inmates, he has spoken
with VDOT and Jack Dewan, Jail Superintendent for the Western Tidewater
Regional Jail. Mr. Neblett advised it may not be possible to use work
release .inmates because these incarcerated individuals have not yet entered
the State Department. of Corrections system, VDOT no longer has an Inmate
Foreman to supervise the inmates and the Western Tidewater Regional Jail
is not equipped to provide coats, boots and lunches for these individuals.
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Supervisor Spady stated the legal aspect that these individuals have
not entered the. State system does need to be resolved; however, regarding
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the other issues, these should be taken ug by each individual district.
County Attorney Crook advised that although the Western Tidewater
Regional Jail is a regional jail, it is still a jail facility and the State and the
Department of Corrections have no authority over the inmates until they
leave the regional jail facility and enter the Department of Corrections. Mr.
Crook explained the County currently has a community services program
which is strictly voluntary on the part of the .inmates approved by the court.
Mr. Crook continued it can be offered to them individually. and they can
agree or not agree to do it, but the County can. possibly come up with a
work force through the community service. program, although it will be
strictly voluntary.
County Administrator Standish stated the concept under consideration
is if VDOT and the regional jail facility can work it out, there is a pool of
labor that they can use.
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Supervisor Bradshaw stated the County can possibly provide
transportation and boots for the incarcerated individuals.
Mr. Neblett continued the Board should also consider the possibility
of liability on the part of the County iE an individual is injured.
Chairman Edwards called for other comments regarding highway
matters from the Board.
Supervisor Spady noted the presence of Henry Bell in the audience
and requested the status of Route 68L"
Mr. Neblett stated VDOT is continuing to attempt to acquire the
necessary signatures for donation of right of way and hopes to have the
matter resolved within sixty to ninety days. Mr. Neblett further stated there
is one remaining individual who has yet to respond to VDOT's letter.
Supervisor Bradby requested the date when construction could begin
on Route 681.
Mr. Neblett .stated design work needs to be performed, but VDOT
could possibly get the project underway in the latter part of 1994. Mr.
Neblett further stated .the project would cost approximately $385,000 and
reminded the Board that Route 704 will use up quite a bit of funding and,
priority wise, Route 704 is ahead of Route 681.
Supervisor Bradby asked Mr. Neblett when the new speed limit signs
will be installed in the Central Hill area.
Mr. Neblett advised the signs were installed yesterday.
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Supervisor Bradshaw requested the status of Route 696.
Mr. Neblett stated he has done some research on the matter and will
keep Supervisor Bradshaw informed as he proceeds.
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Supervisor Cofer requested VDOT fix the hole in the southbound lane
on Route 258 at Smithfield Lumber.
Supervisor Spady stated ditches along Route 669 need to be cleaned
out and that he would meet with VDOT personnel to point out the actual
location of the ditches.
Chairman Edwards requested VDOT clean out the pipes in the Tynes
Corner area and asked who was responsible for dangerous items left in the
VDOT right of way along the roadways.
Mr. Neblett stated VDOT does roadside cleanup on a monthly basis
and the Adopt-A-Highway Program has helped VDOT considerably in this
effort. Mr. Neblett requested Chairman Edwards to provide him with a
specific location so that the area could be cleaned up.
//
Chairman Edwards called for approval of the December 3, 1992
minutes.
Upon recommendation of County Attorney Crook, Supervisor Bradby
moved the Board adopt the December 3,1992 minutes. The motion passed
unanimously (5-0).
//
At 4:10 p.m., Supervisor Cofer moved the Board adjourn. The motion
.passed unanimously (5-0).
Myles
Standish, Clerk
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Steve W. Edwards, Chairman
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