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08-19-1993 Regular Meetingr, 80~N 15.,•431 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED NINETY THREE PRESENT: .Steve W. Edwards, Chairman O. A. Spady, Vice Chairman Henry H. Bradby Joel C. Bradshaw, Jr. Malcolm T. Cofer 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 Adminis#rator Carey H. Mills, Assistant Clerk Chairman Edwards called the meeting to order at -6:00 p.m. The invocation was delivered by Supervisor Bradshaw. // Chairman Edwards called for a presentation by the County's Extension Agent, Robert D. Goerger. Mr. Goerger noted the County's drought situation since late June with. severe crop damage of estimated yield losses in the total amount of $8,550,670. Mr. Goerger asked the Board to request the Governor's office to declare the County as an agricultural disaster area which would enable farmers to receive low interest loans and other types of disaster aid. that might become available. Mr. Goerger specifically. requested the Board to request the Governor's office to implement the "Livestock Feed Program" which would make available to the County's livestock producers assistance in feed purchases to replace feed lost to the drought. Supervisor Bradshaw noted that not all farmers would qualify for the programs, as experienced in previous years. Supervisor Cofer moved the Board- authorize the County Administrator to request the Governor's office to declare Isle of Wight County an agricultural disaster area and also to request the implementation of the "Livestock Feed Program" for the County. The motion was unanimously (5-0} adopted.. // Chairman Edwards called for Citizens Comments. David Olsen requested the Board increase the Machinery & Tools tax rate in an effort to further reduce the Personal Property tax rate. 1 } f t eoo~ 15 ~ar~432 Supervisor Spady explained some counties depreciate machinery and tools, but Isle of Wight does not. It depends on how it is valued and if it is depreciated or not, explained Supervisor Spady. Richard R. Turner, Fair Committee representative, requested the Board appoint atwo-member Board committee to work with the Fair Committee in support of the 360th anniversary of the County which is tentatively scheduled for the third week in September of 1994. Mr. Turner stated there is a scheduled meeting of the Fair Committee set for August 30, 1993 at the Courthouse at 7:30 p.m. Chairman Edwards noted that Supervisor Bradshaw's father was the organizer of the ast County fair and suggested he may wish to participate as well. County Attorney Crook pointed out that the fair will take place in 1994 and Supervisor Bradshaw would be leaving the Board in December of 1993. County Administrator Standish stated Supervisor Bradshaw presently volunteers his time as an individual on the Fair Committee. Chairman Edwards and Supervisor Cofer were appointed by the Chairman to serve as the Board-appointed representatives on the Fair Committee. // Chairman Edwards called for Transportation Matters. 1 1 MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, advised the bushes have been trimmed in the sharp curve on Route 696 (Pruden Road). Mr. Neblett advised. the shoulders on Route 609 (Sunset Drive) have been corrected; however, because VDOT has a limited right-of--way on this road the County may wish to consider including improvement of that section of road in the next revision of the Six-Year Secondary Improvement Plan. Mr. Neblett advised VDOT has met with Union Camp officials and other businesses along Route 58 to establish a truck route to decrease traffic in this area. Mr. Neblett advised regarding Route 681, VDOT has been in contact with three outstanding property owners who have not donated right-of-way. One of the parties is possibly willing to donate; however, this property belongs to the heirs of the record owner (Hall estate), some of which live out of state. The second .property owner returned .the deed to VDOT unsigned .and, according to the instructions in VDOT's letter, a deed returned unsigned is an indication that the party is unwilling to donate the right-of-way. Henry Bell of Route 681 indicated this particular property owner would be willing to donate the property if they were assured that all other property owners were willing to donate. The third party has not responded to VDOT to date. In this instance, Mr. Bell supplied VDOT with a telephone number who will contact the manager of the property. Mr. Neblett stated VDOT feels they have made every reasonable attempt at this point to acquire the necessary i 2 ao~K 15 ~~:::-4~3 1 right of way and therefor offers the County three options:. 1) .proceed acquiring donated right of way on Route 681 and other remaining unpaved -roads in the Six Year Plan until 100% is donated, 2) the Board can pass a resolution requesting VDOT to acquire the right of way by purchase or imminent domain, or 3) construct the road on what VDOT has obtained within the right of way thus far. Mr. Neblett stated Route 681 does contain a bridge which needs to be replaced which will be included in the project. Mr. Neblett stated he could, before the next .Board meeting, discuss the, situation with the County Attorney to find out how many individuals are involved in the estate. Mr. Neblett stated he would like to revise the Six-Year Plan this Fall to add Route 609 and other roads. Mr. Neblett requested the Board advise him concerning roads they would like included the Plan. Supervisor Bradby asked Mr. Neblett if South Shore Drive in the Rushmere area needed to be part of the. Six-Year Plan. ~~ Mr. Neblett explained aCounty-wide line item under the secondary construction budget is set up and new additions and rural additions would fall under this item. Once the rural addition qualifies, a route number is designed and a project number identified and it is built with funds from this County-wide new additions budget item. Supervisor Cofer moved the Board authorize a public hearing for the September 16, 1993 meeting on the one year part of the secondary construction budget. The motion was unanimously (5-0) adopted. County Administrator Standish stated the Rural Addition Policy has been forwarded to the County and included in the agenda for the Board's information as they consider rural additions to the State system. County Administrator Standish stated also included in the agenda is a status report on the Route 711 Carrollton Elementary School site intersection with Route 258. Mr. Neblett stated VDOT's latest correspondence to the School Board dated August 5,1993 to Chairman Edwards outlined the conditions relative to a stop light. Mr. Neblett further stated he advised Chairman Edwards that a decision had been reached that school zone caution lights with 35 mph speed limit zones can be installed on Route 258 / 32 on either side of the. intersection with Route 711. Since this letter, Mr. Neblett stated. he has been in contact with Dr. Decker and in his last letter dated August 17,1993 he forwarded the necessary permit application and other pertinent information. 1 Supervisor Bradby stated he had received several calls from concerned citizens relative to the installation of a traffic light and urged VDOT to continue in their efforts to install same. Mr. Neblett stated VDOT is presently working with the School Board in an effort to install a caution light and plans to perform a study relative 3 ~. eoo~ 15 ~~~~434 to the installation of a traffic light once the school is open. .Supervisor Spady noted the Board has requested the Sheriff's Department to place a deputy at the intersection. Mr. Neblett stated he has met with Supervisor Spady to discuss the matter of the affected property owners on the east side of the Route 704 bridge replacement. Mr. Neblett further stated since the last meeting VDOT has prepared a shifted alignment of the road on the east side of the bridge to reduce the impact on the property owners on the east side. Mr. Neblett stated now that the public hearing has been held he would like some direction from the Board on how they would like for VDOT to proceed. Supervisor Spady moved the Board recommend a parallel bridge upstream and that the approaches on the east side of the bridge be redesigned as much as possible to offset the impact on the property owners. The motion was unanimously (5-0) adopted. Supervisor Spady moved the Board adopt the following resolution: WHEREAS, the street(s) described on the attached Additions Form SR- 5(A), (specifically White Heron Street from Marsh View Court (Route 1950) to Deep Water Way (Route 1951) fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Isle of Wight County, and, WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meet the requirements established in accordance with secondary road policies and the. Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form SR-5(A) to the secondary system of state highways,. pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and, BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right of way, as described, and any necessary easements for cuts, fills and drainage, and, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of .Transportation. The motion was unanimously (5-0) adopted. Chairman Edwards called for comments on highway matters from the Board. 4 1 1 B~QK ~5~ ~',~'4•J5 Supervisor. Bradshaw requested the status of the right-of-ways on the three dirt roads in Carrsville. , Mr. Neblett stated VDOT is continuing to research the matter.. 1 Supervisor Bradby requested the status of South Shore Drive in the Rushmere Shores area. Mr. Neblett stated VDOT did review South Shore Drive and will proceed with construction as soon as possible. Supervisor Spady stated the Transportation Safety Committee is requesting deceleration lanes on Route 661 (Cedar Grove Road) and asked Mr. Neblett to elaborate on the status. Mr. Neblett stated VDOT did have funds available to build one deceleration lane and a decision was made to utilize those funds to install a right-turn lane at Route 711. VDOT can possibly look at Cedar Grove Road. next year, stated Mr. Neblett. Supervisor Spady stated VDOT has installed cleft-turn lane on Longview Road but citizens are using this lane to make their left turn into the Sentry Mart. 1 Brenda Vaughan of Cherry Grove stated motorists are pulling onto the left-turn stacking lane and. making a turn into the front entrance of the Sentry Mart forcing other motorists to meet them head-on at 45 mph. Mr. Neblett stated he would request VDOT's Traffic Engineer review the matter. Supervisor Spady urged Mr. Neblett to speed up the road improvements on Route 711. Supervisor Cofer requested the status of North .Church Street. Mr. Neblett stated this is not currently in the paving plan, but he would see what he can do to eliminate the roughness in the road. Chairman Edwards called for comments from citizens on highway matters. ~, Grace Keen of the Newport District requested VDOT to speed up the progress of changing the stop light at Benn's Church Boulevard.. Mr. Neblett stated the contractor has been selected, the contract awarded and construction is expected to begin on the stacking lane in the next forty-five days. // Supervisor Cofer moved the Board change the agenda to hear Citizens 5 eo~~ . 15 ~~~~436 Comments. The motion was unanimously (5-0) adopted. R. L. Walker presented a petition relative to complaints of Central Hill area residents regarding the smell of Pete Edwards' hog house and requested the Board's assistance in alleviating the smell. Chairman Bradby noted the County does have a Public Nuisance Ordinance in effect and suggested County staff could check into this matter. f // At 7:00 p.m., Supervisor Cofer moved the Board proceed with Item 11, Public Hearing. The motion was unanimously (5-0) adopted. Chairman Edwards called for the Board's consideration of the following: Application of Gatling Pointe Management Corporation and Peninsula Housing and Builders Association, Inc., for a Special Use Permit to hold the "1993 Parade of Homes" on September 11-16,1993, at Gatling Pointe South Subdivision which is located on the east side of Battery Park Road (Route 704) in Newport Magisterial District. Chairman Edwards called for persons to speak in favor of the application. Beth Harget with the Peninsula Housing and Builders Association appeared in support stating this is the largest housing event throughout the area. Chairman Edwards called for persons to speak in opposition to the application. Buddy Faison, resident of Route 671, expressed his concern over the use of Route 671 by the developer of Gatling Pointe when it was expressed at the Planning Commission by Rodham Delk, Jr. that the developer had no plans to use Route 671 for access to the proposed subdivision. From the beginning of the development, log trucks have used Route 671 to park and load timber from the highway and since home construction began in the Spring, contractors have repeatedly parked and blocked the road and used Route 671 for entrance to home sites. Mr. Faison requested the Board to require that Gatling Pointe close and block all entrances from Route 671 to the development including the loop road and that they immediately be required to install no-parking signs on the shoulders of Route 671. Mr. Faison further requested County officials patrol Route 671 during the Parade of Homes and that developers be required not to use Route 671 in any future construction. Supervisor Cofer suggested the Board could instruct the Sheriff to patrol the area during the fourteen day period. 6 1 1 ~;, B~nK ~;~ :!.i:r4~ 1 Beth Harget stated the developers .and the Peninsula Housing & Builders Association is aware of the concern of the residents of Route 671 which is no longer being used as of today. There ivas a meeting with the builders this morning where it was emphasized again very strongly that Route 671 will not be used any more during construction. During the Parade of Homes there is also no intention to use Route 671 for any public access. 1 1 Supervisor Cofer moved the Board approve the application with the condition placed on it by the Planning Commission that Route 671 will not be used for access or parking during the event. The motion passed (40) with Supervisor Spady abstaining. Mrs. Bertha Langhorn and her son, James Langhorn, requested the Board's assistance regarding poor water drainage in her yard. Chairman Edwards referred the Langhorne to Mr. Caskey and Mr. David for their assistance in the matter. // Chairman Edwards called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, stated the County previously contracted with Tischler & Associates, Inc. for the development of an impact fee/proffer system and the scope of services approved for this contract required that the consultant prepare an assessment of potential proffers for consideration by the Board. Dwayne Guthrie, Tischler & Associates, Inc., stated staff members of the County were interviewed to try to ascertain which types of facilities might have potential funding by cash proffers. Seven types of public facilities were listed which appears to be possible for implementation for the County. These include public schools, transportation, parks, County buildings, solid waste. collection, rescue squads and fire departments. The potential proffers which did not look promising at this time were public utilities, the community college and regional jail. Mr. Guthrie stated proffers are not to be .regarded as a tax, rather more like a user fee with the intent to help provide necessary adequate public facilities in the community to maintain a level of service standards and so the public health, safety and welfare is maintained in the community as development takes place.. Mr. Guthrie stated Tischler & Associates is also working with the County Attorney to ensure that not only the technical part of their work is performed correctly, but also to ensure that the County is advised on the legal guidelines and conditions it should work under if it decides to proceed with cash proffers without any legal challenges. Mr. Guthrie stated Tischler & Associates will perform the remainder of the study and come back to the Board. At that time, it is up to the Board to make a decision on whether or not to implement the proffers, implement some of the seven proffers, or take the dollar amounts they say are supportable and adopt. them. 7 BoR~ 15 =~~438 Supervisor Spady asked why proffers were not considered for the regional jail. Mr. Guthrie stated Virginia has specific guidelines in its legislation that prevent the County from accepting proffers for any facilities that are not included in the Capital Improvement Program. County Attorney Crook stated the question has been raised by Board members to him if the County and the towns of Smithfield and Windsor could meet regarding proffers that would be accepted in the towns commensurate with what the County. is receiving from its developers. This is a political problem that the Board could address and perhaps appoint a member or members to meet with the towns to seewhat can be worked out in that regard. This should be done now while the study is being performed so it can be incorporated into the study. This will also enable the town councils to be involved in the proffer study so that they would accept proffers for developments within the towns to contribute to those capital improvements of the County that serve the towns, such as schools and fire departments. Supervisor Spady moved the Board direct the County Administrator and County Attorney write the Smithfield and Windsor town councils requesting a meeting to discuss the matter. The motion was unanimously (5-0) adopted. Mr. Caskey stated incidents of off-lot septic system drainfields are becoming more apparent for either existing or proposed lots due to soil conditions that make a lot unable to stand .alone as a percolation site. In these instances, either the existing property owner or the developer of the proposed subdivision for a certain number of lots may be proposing to secure an easement from an adjoining property owner with the approval of the Health Department. The Health Department currently has no guidelines to restrict easements creating an off-lot drainfield and. running through a pump or gravity system their effluent to the adjoining property which serves as their drainfield site. Mr. Caskey stated the County's Subdivision Ordinance currently does not speak specifically to this situation and he has corresponded with Dallas Holston, Environmental Manager for the Western Tidewater Health District. Enclosed in the Board's agenda is his letter. Mr. Holston noted there are no State regulations prohibiting such actions, but he did point out that the use of such easements can create problems. In summary, he points out that the use of these easements for existing lots may have some justification provided certain precautions are taken, but it would be his .recommendation that the County adopt an ordinance requiring in those instances a reserve area for future repairs or additions to the sewage system. Mr. Holston states further in his letter that the most risk-free policy would. be to disallow such easements requiring instead that the needed area be included in the lot or parcel in question and that he does not believe it would be wise for the County to allow the creation of new lots to rely on such easements for off-lot sewage systems. Mr. Caskey stated staff also performed a survey of neighboring localities, specifically the City of Chesapeake, James City County, City of Suffolk and York County, all of which require lots to stand alone as a building site. Southampton 1 8 Bo~,K 15 ~:-f~439 1 I 1 they do require every lotto double County had no policy in place; however, perk. The City of Virginia Beach requires that all lots be able to stand alone although their subdivision ordinance does not address the issue of granting drainfield easements outside the property .lines. Mr. Caskey stated he would recommend to the Board that a policy or amendments be adopted that would require that new lots be required to have those septic tanks and drainfield systems located within the property lines of the individual lot. In such instances where reserve drainfields are also required in the Bay watershed .both the primary and reserve drainfield would have to be located within the property boundary lines or else the plat would have to be changed to allow more land- area or modified if it is an occurrence after the County has approved it to .make the modification. . Supervisor Bradshaw. noted the County is currently building the Carrollton Elementary School on land that will not perk and therefore the sewage will have to be hauled off. Supervisor Cofer moved the matter be referred to the Planning Commission for their recommendation. The motion was (4-1) adopted with Supervisor Bradshaw voting in opposition to the motion. Mr. Caskey stated the County routinely inspects borrow -pits to verify status and relative compliance with County regulations. Mr. Caskey stated the intent of the report in the Board's agenda is to identify the active and inactive pits in the County and their status for the Board's information. Mr. Caskey stated staff would provide a status report to the Board every six months. Mr. Casket' stated section 10-11-4.4 of the Count}~s Zoning Ordinance was amended in 1988 to require that the e l lentrancestion~ar C skey stat d pit be fenced with gates constructed at al currently there are no specific standards that refer to fence types, height, etc.. As a result, staff checked with neighboring localities to determine whether or not they require mandatory fencing requirements. James City County, Southampton County, Gloucester County and the City of Suffolk have no mandatory requirements; York County requires asix-foot fence around the borrow pit site consisting of a mesh, wire or other material to be approved by the County; the City of Chesapeake requires asix-foot high chain link anchor fencing; the City of Virginia Beach requires fencing when it is deemed necessary by staff and when deemed necessary the fence is expected to be a chain link type fence of six feet. The Virginia Department of Mines, Minerals and Energy requires fencing of woven wire four feet in height with three strands of barbedwire at all roads or openings which individuals could enter or access the property. Mr. Caskey requested direction from the Board and recommended that action be initiated to amend the ordinance to incorporate some specific fencing standards and whether fences will be required in all instances. Supervisor Spady moved the Board refer the matter to the Planning Commission for their recommendation. The motion was unanimously (5-0) adopted. 9 BOON ~.5 ;~;..~~0 Mr. Casket' stated the Board in January of 1993 approved the amended operation plan for the Yeoman borrow pit which is adjacent to the Camp-Kenney borrow pit on Route 10 subject to the conditions that the sand operation at the adjoining Camp-Kenney borrow pit would cease by April 1, 1993 and be fully reclaimed by September 1, 1993. At that time, it was stipulated by the operator for the Camp-Rennet' pit that if they failed to do so, then it would be cause for revocation of the permit for the Yeoman pit. Mr. Casket' stated the operator of the Camp-Kenney pit has submitted a request for asixty-day extension and has requested that the sixty-day period be allowed beyond September 1,1993, the original closure date. Supervisor Spady stated during his recent visit he noted most of the reclamation had been completed. The part of the reclamation which calls for seeding has not been accomplished due to the dry weather and sixty days would give them sufficient time to seed the site properly and bring it into compliance. Supervisor Spady moved the Board approve the request for asixty-day extension of time until November 1, 1993. The motion was unanimously (5-0) adopted. Mr. Casket' stated before the Board is a plat of Ashby Subdivision, Phase I, located off Carrollton Boulevard, Route 17 in the Newport Election and Magisterial Districts which is for the creation of nineteen lots to be served by public streets, constructed to VDOT standards and a community water system. Sewage disposal is proposed to be by means of individual septic systems as approved by the Health Department. The Board of . Supervisors approved the rezoning for this property in 1986 consisting of a tract of land approximately 75 acres in size. In September of 1988 the Board approved this same subdivision plat for Ashby Phase I and subsequent to that action it was determined that the groundwater quality contained levels of fluoride exceeding the minimum State and Federal standards.. The developer then proceeded to develop a fluoride removal process and the County entered into an agreement with the developer in March of 1991 which stipulated until such time as the water system was issued an operating permit required by the Department of Health that the developer would be limited to certain conveyances for the subdivision which was established at 14 lots. Currently there are 11 lots which have been conveyed by the developer to individual property owners and 11 new residential construction permits issued by the Inspections Division. Following the execution of the agreement, the Subdivision Agent for the County signed the subdivision plat, approved by the Board in 1988, delineating 43 .lots to be platted as Ashby Subdivision, Phase I. The developer approached the County and opted to modify the plat to record only lots 20 through 43. Since that time the developer has approached the Department of Community Development with the plat for approval and in consideration of the .plat, staff had to apply the ordinance and Section 5-8 of the Subdivision Ordinance provides that once a subdivision plat is signed by the subdivision agent the subdivider must record the subdivision plat within six months; otherwise, it is null and void. The plat originally signed depicting 431ots is null and void and the plat of record depicts only 24 lots. The plat before. the Board .tonight is for lots 1 through 19 and requires review and approval by the Board. 10 1 ~l 1 BOOK ~~ :~r~~"t~ Supervisor Bradshaw stated this matter would be covered under the Grandfather Clause because it was approved before,the County passed the Chesapeake Bay Preservation Ordinance. Mr. Caskey stated since the time of the prior action of the Board of Supervisors the County has adopted several ordinances which apply to the development of property. Because the plat can only be considered null and void, as the Counts Agent, he has approached it from the standpoint that. the plat is to be approved under the County's existing ordinances that are in place today. The Planning Commission considered and discussed this plat at their July meeting and voted unanimously to recommend approval of the Subdivision plat to the Board subject to staff's recommendations which are those specified in Bryan David's memorandum under Item 10 and which refer to incidental matters that need to be added or modified on the plat. County Attorney Crook stated the Chesapeake Bay Preservation Area Ordinance adopted by the County follows the Chesapeake Bay .Act and limits somewhat what the County can do as far as "Grandfathering". The language used in the Act and by the courts now is "vesting". The Act and Ordinance do allow for vesting and certain criteria is set up. Technically, it can be argued that the situation at hand does not meet -the criteria that is in the Ordinance because there are such things involved as the plat being recorded prior to the Act or Ordinance being adopted. In reviewing the Attorney General's opinions and case law, it would be his recommendation that the Board find the Ashby plat as presented by Mr. Caskey to be vested as far as the ordinance of the County is concerned but that the owners comply with the requirements of the. Ordinance to the maximum extent feasible. Supervisor Bradby moved the Board accept the recommendation of the County Attorney that the Board find the Ashby plat vested as far as the Ordinance of the County is concerned but that the owners comply with the requirements of the Ordinance to the maximum extent feasible. The motion was unanimously (5-0) adopted. Mr. Caskey stated in July of 1993 the Board approved the contract and appropriations to Johnson Circle in Bethlehem Terrace Subdivision. This work has now been completed and he will meet. with the contractor on site to verify the completion of the work. VDOT has been requested to submit to the County an appropriate resolution for acceptance of the road into the State's system. // Supervisor Cofer moved the Board amend the agenda to hear comments from the Isle of Wight Tourism Bureau under the County Administrator's section of the agenda. The motion was unanimously (5-0) adopted. Florine Moore, President, Isle of Wight Tourism Bureau, presented a request for funding in the amount of $6,000 to accommodate three trolleys 11 eoeM 15 ~~ ~ 442 anti a water taxi during the Parade of Homes event. Supervisor Cofer moved the Board approve the $6,000 request to the Isle of Wight Tourism Bureau from the contingency fund. The motion was. unanimously (5-0) adopted. // At 8:11 p.m., Supervisor Cofer moved the Board take a recess. The motion was unanimously (5-O) adopted. // At 8:20 p.m., upon to returning to open session, Chairman Edwards called for the County Attorney's report. County Attorney Crook requested Peter Andreu to explain the current sewage situation for the Carrollton Elementary School. Peter Andreu, the School Board's Program Manager on the school construction project, stated when the drainfields were being installed at the site for the Carrollton Elementary School the Health Department informed him that the drainfields no longer tested out and several options were considered, i.e., running a pump line to Benn's Church, utilizing adjoining neighbors property which .could be time consuming, and prices for the pump and haul of sewage. The Health Department stated a permit for such is needed .and an agreement should be entered into with the Board of Supervisors, State Health Department and the School Board. In the meantime, the State Health Department had advised the redesign is good and approved although it is not in writing to date. Supervisor Bradshaw stated the soil originally would perk and now the Health Department is saying it will not perk. County Attorney Crook stated the soil was originally approved but has now compacted. The question is why did the soil compact,. which will have to be resolved. The amount of .water. per student set by the Health Department was higher than necessary based on the flows for the existing elementary school and this is why it is being revised so that the County may not need as much drainfield as the Health Department was requiring.- Hopefully this will be approved and the County will not need to pump and haul; meanwhile, in order for the Health Department to approve it under any circumstances because it is less than their requirements, they want a pump and haul agreement in place. Mr. Crook stated he has prepared an agreement which .needs to be signed by the Health Department, Board of .Supervisors and School Board which states that if the drainfield does not work then the Board of Supervisors and the School Board are guaranteeing that they will pump and haul. Mr. Andreu stated the cost would be .06 a gallon with a maximum of 4,000 gallons daily or $240 a day. 12 1 804N ~.5 . ~~:~ 443 Supervisor Cofer moved the Board authorize the Chairman to sign the agreement for the pump & haul permit. The motion was unanimously (5-0) adopted. 1 County Attorney Crook stated the County Administrator sent him a letter requesting he prepare a lease agreement for Paul D. Camp Community College for the erection of a communications tower at the County-owned site for the new campus in Smithfield. Mr. Crook stated a lease with the community college for the second floor of the building with access and parking does not include any land area and that he needed a specific land. area survey before he could proceed. County Administrator Standish stated the college intends to install a 150 foot tower and satellite dish and the architect recently recommended a site directly behind the building but he agreed with the County Attorney that a survey site would be necessary for the lease. County Attorney Crook stated the Board previously had delinquent tax collection contracts with James Windsor and William Riddick. Mr. Riddick has chosen not to continue and he has therefore prepared a new contract with James Windsor to include all delinquent real estate taxes and personal property taxes. Supervisor Cofer moved the Board approve the revised delinquent tax collection contract with James L. Windsor. The motion was unanimously (5-0) adopted. ~~ County Attorney Crook stated he had prepared a street lighting policy. for the Board of Supervisors and an amendment to the Subdivision Ordinance for the Planning Commission which has directed .that the amendment be advertised for their September meeting. The County Administrator has since written him suggesting that the Board's policy needs more study from County staff and that the matter should be deferred from the August meeting to the October agenda. County Administrator Standish stated he believes the Board should consider at .the same time the street light policy and the Subdivision Ordinance amendment that requires new developments to install street lights. County Attorney Crook stated the $3,000 for the month of August to extend the option for the acquisition of the property for the Industrial Development Authority has been paid. Mr. Crook stated the matter should be closed in September. r, County Attorney Crookstated the County Administrator has provided him with information on a lease/purchase agreement for the Carrsville Volunteer Fire Department and they. have conducted the public hearing. after proper advertisement. Supervisor Bradshaw moved the Board approve the procedures followed by the Carrsville Volunteer Fire Department and that the County 13 ~eoe« 15 ~~~~444 Attorney have the opportunity to review the Lease Purchase Agreement before it is executed. The motion was unanimously (5-0) adopted. County Attorney Crook stated he had three matters for executive session later in the meeting. // Chairman Edwards called for the County Administrator's report. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO ADOPT THE UPDATED EMERGENCY OPERATIONS PLAN FOR ISLE OF WIGHT COUNTY WHEREAS, the Board of Supervisors of the County of Isle of Wight is greatly concerned with the health, safety and well being of its citizens and desires that the best possible emergency services be available to them; and, WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973 requires that each city and county develop and maintain an Emergency Operations Plan which addresses its planned response to emergency situations; and, WHEREAS, such a Plan has been developed and updated by County staff in coordination with the Virginia Department of Emergency Services with input from responsible local agencies. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight has officially adopted the updated Emergency Operations Plan for Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator be authorized and directed to maintain the Emergency Operations Plan, and to make modifications and adjustments to the Plan as may be necessary from time to time. The motion was unanimously (5-0) adopted. County Administrator Standish stated the impact of the 1992 Cable Act is included in the agenda for the Board's information. Mr. Standish stated that the new Federal law has been implemented and Insight Cablevision is providing the Board with a briefing on the matter. County. Attorney Crook noted there is a freeze on raising cable rates until October 1, 1993 by Federal law. Supervisor Bradby moved the Board direct County staff to invite the cable franchise representatives to the Board's September 16, 1993 meeting. The motion was unanimously (5-0) adopted. 1 1 14 Bo~K 15~:~~:~445 County Administrator Standish stated if the Board approves the surplus resolution included in the agenda the County will combine with the schools and have one auction in the middle of September. County Attorney Crook advised the resolution doesmeet the format previously approved by him in the preceding years. Supervisor Cofer moved the Board adopt the following resolution: ~l RESOLUTION WHEREAS, the County of Isle of Wight has personal property consisting of vehicles and equipment that are no longer serviceable or have been replaced by new equipment and which are no longer needed by the County of Isle of Wight; and, WHEREAS, the Board of Supervisors of Isle of Wight County deems said equipment surplus and desires to dispose of same by method of sale most advantageous to the County. WHEREFORE, it is hereby resolved by the Board of Supervisors of Isle of Wight County, Virginia, that the following items of equipment and vehicles are deemed to be surplus property: SURPLUS E UIPMENT AND VEHICLES EQUIPMENT 1 1 Miller Tiltop Trailer Air Compressor, Ingersol-Rand Boat 13", Sea Maid Aluminum Chipper, Olathe Ford 3400 Tractor and Bucket John Deere Tractor Calculators: Sharp (3) Victor (2) TCA (1) Microfiche Readers Datagraphix 1440 (3) 1 Box of Salvin Copy Dispersant (NEW) Code 4537 Kodak Instimatic Camera Pleaser II Dictaphone Recorders (2) Dictaphone Quick Charger Beaird, Compressor, Type GSG2 Elkay Water Cooler, Wall Unit Welding Machine, Marquette Red Grinder, Daytona 7413 97848077109 Model 330 330132 0408072/Model C401SC RU 59413/Model 2010 Model 8 432068 223301 Model DG-80 15 eo~K 15::z~4~6 VEHICLES 1986 Ford Taurus 1988 Ford LTD 1988 Ford LTD 1974 Ford Lift Gate Truck 1984 Dodge K Car Sedan 1988 Dodge K Car Sedan 1987 Dodge K Car Sedan 1985 Plymouth Reliant 1984 Chevrolet Cavalier 1986 Plymouth 1987 Dodge 1975 Ford Bus 1FABP29U5GG236740 2FABP72F3JX177696 2FABP72F5JX177697 F374NT61893 1B3BD26GSEF299505 1B3BD46DOJF188985 1B3BD36D8HF190214 1P3BP26C6FF291126 1G1 AC69P9E7239214 1P3BP2606GF283392 1B3BD26D8HF283616 B70EVX29934 It is further resolved by said Board of Supervisors that the County Administrator of Isle of Wight County, as the Central Purchasing Agent of said County, be and he is hereby authorized to sell said surplus property at public auction and sale after advertising the date, place and terms in a newspaper having general circulation in the. County of Isle of Wight at least five days prior to said sale and the County Administrator shall report to the Board of Supervisors of the County of Isle of Wight as to the disposition of said property. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE MILLION SIX HUNDRED SEVENTEEN THOUSAND SIX HUNDRED SIXTY DOLLARS FOR CONSTRUCTION FUND CARRYOVER WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia have previously appropriated funds for school construction; and, WHEREAS, the funds in the amount of one million six hundred seventeen thousand six hundred sixty dollars ($1,617,660) need to be carried over to the School construction fund in the 1993-94 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 one million six hundred seventeen thousand six hundred sixty dollars ($1,617,660) be appropriated to the School construction fund in the 1993-94 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. [l 1 16 804N ~~ %~:~'4~ 1 The motion was unanimously (5-0) adopted. 1 Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWO MILLION DOLLARS FROM THE 1993 SCHOOL BOND ISSUE PROCEEDS. TO THE SCHOOL CONSTRUCTION FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has, approved the construction of an elementary school; and,. WHEREAS, the funds in the amount of two million dollars ($2,000,000) need to be appropriated from the 1993 school bond issue proceeds to the school construction fund in the 1993-94 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 million dollars ($2,000,000) from the 1993 school bond. issue proceeds be appropriated to the school construction fund in the 1993-94 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. 1 The motion was unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE NINETEEN THOUSAND THREE HUNDRED AND SIXTY DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE SECTION 619 PRESCHOOL PROGRAM WHEREAS, the School Board of the County of Isle of Wight has received a grant for the Section 619, Preschool Program; and, WHEREAS, the funds in the amount of nineteen thousand three hundred sixty dollars ($19,360) need to be appropriated to the School grant fund in the 1993-94 budget of the County of Isle of Wight, Virginia. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by .the Board of Supervisors of the County of Isle of Wight, Virginia that nineteen thousand three hundred sixty dollars ($19,360) be appropriated to line item Section 619, Preschool Program in the 1993-94 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 17 eoeK 15:M~~448 give this resolution effect, The motion passed (4-1) with all members voting in favor except for Supervisor Spady who voted in opposition to the motion. County Administrator Standish stated next is a request from the Resource Conservation and Redevelopment Councils that the Board support additional funding by the -State for the dry hydrant program which is a rural fire protection program. Supervisor Cofer suggested the County Administrator see about having one of the hydrants hooked up to the pond located behind the Courthouse. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO SUPPORT FULL STATE FUNDING OF THE DRY HYDRANT PROGRAM WHEREAS, in 1992 the General Assembly passed legislation which called for a plan to establish a network of dry fire hydrants sites throughout the Commonwealth of Virginia; and, WHEREAS, the installation of dry fire hydrants in rural counties such as Isle of Wight provides improved fire protection to homeowners and property owners, thereby reducing the loss of life and property; and, WHEREAS, the provision of dry fire hydrants in rural areas promotes economic. development; and, WHEREAS, the State appropriated funds to be spent in FY1993 and FY1994 to initiate a demonstration program which .provided cost share monies to fire departments to install dry fire hydrants. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight supports the continued State funding of programs which. encourage and enable fire departments to install dry fire hydrants. BE IT FURTHER RESOLVED that the Board of Supervisors request that the Virginia Association of Counties add to their 1994 legislative agenda a resolution of support for continued State funding of programs that encourage and enable fire departments to accomplish the installation of dry fire hydrants. The motion was unanimously (5-0) adopted. Supervisor Spady moved that the Board direct the County Administrator to proceed with trying to get into the program and supply the Courthouse with a dry hydrant. The motion was unanimously (5-0) adopted. 1 [i [] 18 eoo~ 15 :~; X449 County Administrator Standish stated he would recommend the County designate October 16, 1993 as County-wide clean up day. 1 Supervisor Spady moved the Board designate October 16, 1993 as County-wide cleanup day. The motion was unanimously (5-0) adopted.. County Administrator Standish stated for the Board's information is the cost of auditing the various fire departments .and rescue squads if undertaken by the auditor currently working for the County. Mr. Standish stated without evaluating each department's records, the auditors can only estimate a cost of $2,000 to $3,000 per department. Supervisor Spady stated this cost is too high because some of the departments only have one or two transactions. County Administrator Standish noted that $8,779.59 of delinquent taxes has been collected by the attorneys at a cost of $4,118,02 to the County for the past month. The cost represents 46.8% of the amount collected. Supervisor Bradshaw requested the County Administrator to elaborate on how the funds from the collection of delinquent taxes by the attorneys are distinguished in the annual budget. it County Administrator Standish stated there is a revenue line item in the County's budget for delinquent tax collections and whatever amount the Treasurer may collect and whatever the delinquent tax collection attorneys may collect go into a revenue line item. County Attorney Crook stated the percentage of amount collected probably increased for the past month because Mr. Windsor had a number of court actions which requires time in court. Chairman Edwards asked how much has been budgeted this year for delinquent tax revenues. County Administrator Standish stated he would provide a report on delinquent tax revenues to the Board. County Administrator Standish stated Congress has adopted the Family and Medical Leave Act of 1993 which takes effect this month. Mr. Standish stated before the Board is a recommended amendment to the County's existing Personnel Policy which is consistent with Federal law. Supervisor Bradshaw stated it is against the law for the County to offer its employees compensation time. Supervisor Bradshaw stated employees are required by law to be paid and the County is breaking the law by offering compensation time to its employees. 1 Supervisor Cofer asked County Administrator Standish on Section 58C regarding leave without pay up to a maximum of sixty days, is this sixty calendar or sixty work days? If it is sixty work days then there is really no change because twelve work weeks and sixty work days are identical. 19 eoo~ 15:~;~450 County Administrator Standish replied sixty work days. Supervisor Spady suggested tabling the matter until the September 16, 1993 meeting to allow the County Attorney an opportunity to review the proposed amendment. County Administrator Standish stated because of the unemployment rate in the County as compared to the State and nation, the County may be eligible for designation as a "redevelopment area" under the EDA program which may make the County eligible for grants and loans for development projects. Mr. Standish stated Neal Noyes of the Economic Development Administration will be present at the September 16,1993 meeting to address the matter. County Administrator Standish reminded the Board of their invitation to attend an appreciation dinner on August 28, 1993 at 4:00 p.m. with demonstrations to be held at 3:00 p.m. at the Commonwealth Cotton Gin. // Chairman Edwards called for Old Business. Chairman Edwards stated at the Public Service Authority meeting Mr. Murphy indicated he believed legislation was passed in the 1993 session to allow all localities to require new water-saving toilets in all new facilities. Chairman Edwards moved the Board direct the County Attorney to look into the legality of the County requiring water-saving toilets in new construction and that he draw up an ordinance for the Planning Commission's consideration. The motion was unanimously (5-0) adopted. Chairman Edwards stated the Transportation Safety Committee recently discussed that their members have not been receiving compensation for their meetings and that their bylaws set out a fee. Chairman Edwards stated he was requested to bring the matter to the attention of the Board for their consideration. County Attorney Crook stated he did review the Transportation Safety Committee bylaws and did make changes when originally adopted. Mr. Crook stated he did inform the members that they do not set their fees and that they are paid by the County who. does set the. fee. The Board of Supervisors has adopted a policy in the past to pay all boards, commissions and committees $50 a meeting, not to exceed $50 a month. Supervisor Cofer moved the Board pay the Transportation Safety Committee $50 per person per meeting, not to exceed $50 per month out of the Board's compensation line item. The motion passed (4-0) with Chairman Edwards abstaining. // Chairman Edwards called for New Business. 1 1 20 eoaa 15:~l~451 1 Supervisor Bradshaw stated on March 10,1993, Dr. York met with the School Board and presented two plans. The first plan passed without going to the Planning Commission Subcommittee and the other plan has not been voted on which contains. schools for the Carrsville, Rushmere and Windsor areas. Both plans were presented at the same time -and the Planning Commission .Subcommittee had nothing to do with the first plan, nor do they have anything to do with the second plan. Supervisor Bradshaw stated if he had to he could act on the part of a citizen and go to the Commonwealth Attorney and see what the courts will do. Supervisor Bradshaw asked who carried the matter to the Subcommittee when there was never a vote? Supervisor Cofer stated the matter was presented to the Subcommittee by the School Board. 1 County Attorney Crook stated this is part of the Capital Improvements Plan for a total of six years, and they asked for input from all of the departments including the School Board as to what. their plans were and then they put it in the Capital Improvements Plan. This is why the matter is before. the Capital Improvements Program Subcommittee of the Planning Commission and -the Capital Improvements Plan is being advertised for August 26, 1993 for public hearing and then the matter will be forwarded on to the Board of Supervisors. Mr. Crook stated the County has to have the school facilities in the Capital Improvements Plan in order to accept proffers for school construction. Mr. Crook stated that of all .the Board members Supervisor Bradshaw has been the member most concerned about proffers. The County wants to make the proffers legal and in order to do this the County must get the proposed capital improvements into. the Capital Improvements Plan. The discussion Supervisor Bradshaw has read from the newspapers centers around the Carrsville school and other improvements being pushed back a year which is what Supervisor. Bradshaw's primary concern is; however, he should not take issue with the Planning Commission saying the matter is not for them to -pass. on. It is input from the School Board to the Planning Commission to put in the Capital Improvements Plan so that the Board of Supervisors can adopt the Capital Improvements Plan. Supervisor Bradshaw stated his part of the County would not be sacrificed and, if need be, he would go to court to settle the. matter. County Attorney Crook stated when the Capital Improvements Plan was initiated last year they did not get. this proposal from the School Board. The Board of Supervisors received that proposal in March of 1993 and the Capital Improvements Plan was done August and September of 1992 and the new Capital Improvements Plan is being done this August and September of 1993. J Supervisor Bradshaw stated the other plan is not included in the Capital Improvements Plan and he did not think the Plan was worth anything because 40% of the taxes comes from his end of the County to pay for all these schools. 21 eooK. 15 zrr~4~52 Chairman Edwards stated that the Capital Improvements Plan will come to the Board for their consideration. County Attorney Crook stated the Board could accept the Plan as the Planning Commission recommends it or the Board could make changes. The County must have a Capital Improvements Plan and these facilities must be included in the Plan, otherwise the County cannot have development fees for improvements that are not in the Plan, he stated. Supervisor Bradshaw stated he would not vote for the Capital Improvements Plan because the Board has voted for Phase I in Smithfield and now wants to juggle his school around. Supervisor Bradshaw stated the Carrsville school will be started when the Windsor school is begun. Supervisor Bradshaw stated the Subcommittee is even handling the Recreational Authority which is against the law to interfere whatsoever with Authorities. County Attorney Crook stated this is not an interference with the Recreational Authority. The request is what capital improvements does the Authority want to include in the Plan so that the County can accept from developers proffers to help pay for these things. Supervisor Bradshaw stated the Authority and the Board of Supervisors are two different operations and the Subcommittee has nothing to do with an Authority. County Attorney Crook stated not with the decision making. Supervisor Bradshaw asked who referred. the matter to the Subcommittee. County Administrator Standish stated relative to Parks & Recreational Facilities Authority and the Public Service Authority, he suggested the Subcommittee invite the PSA and the Recreational Authority to present their capital needs so they could get into the Six-Year Plan. Supervisor Bradshaw stated to the County Administrator that he works at the pleasure of the Board and it is none of his business to send this matter to the Subcommittee. Supervisor Bradby asked the status of the general reassessment efforts. County Administrator Standish stated. Pearsons Appraisal Service has arrived and is working in the field. They have had one meeting with the Board of Assessors and he will provide a report to the Board on the status. Luther Boone, Board of Real Estate- Assessors, stated Mr. Olsen and he have not yet been contacted by the Commissioner of the Revenue. County .Administrator Standish stated a meeting would be arranged and a report presented to the Board. 1 i 1 22 sock 15:~::~453 1 Supervisor Spady stated the State Water. Commission will conduct a meeting on September 13, 1993 in Richmond concerning rules and. regulations and their effect on small water companies and, moved the Board direct the County Administrator to write a letter to the State Water Commission advising the County's opposition to the increasing regulations, specifically .the content of fluoride in the water. The motion was unanimously (5-0) adopted. // Chairman Edwards called far Appointments.. Supervisor Spady moved the Board reappoint Martha Grace for an additional three-year term to the Commission on Aging representing the Newport District. The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board appoint John B. Nelms for afour- year term to the Recreational Facilities Authority representing the Smithfield District. The motion was unanimously (5-0) adopted. // 1 Chairman Edwards called for approval of the July 15, 1993 minutes. Upon recommendation of County Attorney Crook, Supervisor Spady moved the Board adopt the July 15, 1993 minutes. The motion was unanimously (5-0) adopted. // County Attorney Crook requested an executive session under Section 2.1-344 A7 and A3 of the Freedom of Information Act concerning ongoing litigation and concluded litigation involving property and use of public property. Chairman Edwards stated he wanted an executive session .for a personnel matter. ' 1 Steve Wilson of the Smithfield Times asked the Board to be more specific. County Attorney Crook stated under the Freedom of Information Act when the .Board moves to go into executive session and the various items are referred to such as personnel and property the public including newspaper reporters are entitled to more specificity if requested.. : Chairman Edwards requested an executive session .under Section 2.1- 344 Al of the Freedom of Information Act concerning personnel matters, specifically budgets and salaries. At 9:20 p.m., Supervisor Bradshaw moved the Board enter executive session for the reasons stated by Chairman Edwards and County Attorney 23 eooK 15 ~M~~454 ~ ' Crook, The motion was unanimously adopted. /I At 10:45 p.m., upon returning to open session, Supervisor Bradshaw 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. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board continue their meeting to 6:00 p.m. on August 23, 1993, The motion was unanimously (5-d) .adopted. Steve W. Edwards, Chairman ~'',%~ Myle .Standish, Clerk 24 F 1 i 1