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03-17-1994 Regular Meetingea~~~ ~.5.~~~~43 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF MARCH IN THE YEAR NINETEEN HUNDRED NINETY FOUR PRESENT: O. A. Spady, .Chairman Malcolm` T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw Steve W. Edwards 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 Spady called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Cofer. f/ Chairman Spady called for Citizens Comments. The Board acknowledged the .presence of Dr. Jane T. York, School Superintendent, who requested the Board to fund Phase II of the school's capital improvements program. // Chairman Spady called for Transportation Matters. W. Douglas Caskey, Assistant County Administrator/Community Development,: stated, in September of 1991 the Board endorsed. the scope of work for a study to analyze the existing and future travel needs of the Route 258 corridor and recommend long-range improvements or alignment design alternatives. Mr. Caskey further stated Frank Dunn, Virginia Department of Transportation, provided a briefing to the Board in June of 1992 on the status of their analysis and is present tonight to discuss the findings of the study which is now in final draft form. Frank Dunn, Virginia Department of Transportation, stated that although the initial phase began south of Windsor and extended to Smithfield, the County would be best served if the study area proceeded south to Business 58 and Route 258 near Franklin. Mr. Dunn stated .currently there are approximately 3,000 cars traveling this route daily which in the future will require four-laning to the Walters area along the existing alignment with some modifications. Mr. Dunn stated in Walters the corridor proceeds to the southeast and returns to the existing alignment until it reaches south of Windsor. Mr. Dunn stated one proposal is to follow 258 on the existing alignment through Windsor to the north of Route 1 so~}K 15 ~~~E44 638 which could create a problem with the Norfolk & Southern Railroad and Route 258, as well as with the intersection of Route 258 and Route 460. Mr. Dunn stated the only feasible alternative to separate grades for Norfolk Southern from the roadway system is to pull it over on a bypass located to the west of Windsor which will have interchange ramps and tie back into the existing road in the vicinity of Route 638. Mr. Dunn stated currently there are 4,400 cars traveling this road per day and because of inadequate ordinances and set back requirements the County would probably not be in a situation to improve the existing road and build the bypass. Mr. Dunn stated from this point up to the intersection of Route 620 the corridor follows the existing road with some curve realignments and cuts across the .County at Route 644. Mr. Dunn stated the road is reduced to five lanes at the Courthouse and ties into an interchange that is proposed as part of the Cypress Creek development at approximately one mile south of Route 620. Mr. Dunn stated there are operational problems in the existing intersection of the Route 10 bypass and Route 258 because of the closeness of Route 655. Mr. Dunn stated it would be better to provide a connector that ties into Route 25$ approximately one mile south of Route 6.20. Mr. Dunn stated the Berms Church connector will be tied in with Route 258 south of the Courthouse complex at Route 644, but this facility would not be proposed until the next century. Mr. Dunn stated the Route 10 bypass intersection with Route 258 will require three additional right turn lanes. Mr. Dunn stated VDOT shows improvement to the Route 258 and Route 460 intersections in Windsor by adding turn lanes which should enhance the traffic situation. ..Supervisor Cofer expressed his concern with the proposed Benns Church corridor which would divert motorists away from the Smithfield area. Supervisor Edwards expressed his concern with the proposed bypass in the Windsor area as it may. also divert motorists away from existing businesses in Windsor. Dwight Farmer, Chief Transportation Planner, Hampton Roads Planning District Commission, stated VDOT's efforts present the County with the unique opportunity of being able. to properly plan for adjacent development and work toward controlling access which is accomplished through the Zoning Ordinance. Mr. Farmer stated the County may wish to secure rights of way as they become available to avoid encroachment. Mr. Farmer stated it would be beneficial for the .County to resolve environmental issues as whey occur because regulations are becoming stricter each year. Mr. Casket' stated staff recommends the Board refer the Route 258 corridor study to the Planning Commission for further review and incorporation into the Count}~s Comprehensive Plan. Supervisor Cofer moved the Board refer the report contained in the agenda to the Planning Commission for further review and incorporation into the Counts Comprehensive Plan to identify future right-of-way and set back requirements so that future land use decisions will not adversely 1 1 1 2 BO~r 15 ~„"U4~) impact the Route 258 improvement plan. The motion was unanimously (5- 0) adopted.. ' MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, provided a briefing on the Six-Year Secondary Road Improvement Plan and noted VDOT has set a public hearing next month to solicit citizen comments. Supervisor Bradby requested VDOT add Route 646, Rattlesnake Road, to the Six-Year Plan. Chairman Spady requested a traffic count be initiated on Route 671. Supervisor Bradshaw requested Item 27, installation of lights and railroad crossings, be removed from the Six-Year Plan. Supervisor Cofer requested VDOT add Great Spring Road to the Six- Year Plan. Supervisor Edwards requested VDOT improve the shoulders along Route 609, Sunset Road. Supervisor Bradshaw requested VDOT review the drainage system for Lees Mill Road to eliminate future flooding. Chairman Spady requested a traffic count on Route 667, Twin Hill Lane. Supervisor Cofer moved the Board set a public hearing on the Six- Year Plan for the Board's April 21, 1994 meeting. The motion was. unanimously (5-0) adopted. // Supervisor Cofer moved the Board amend the order of the agenda to hear the following public hearings: A. General Obligation Bond Issue -School Construction Program Chairman Spady called for citizens to speak in favor of or in opposition to -the proposed general obligation bond issue. Upon no one appearing, Chairman Spady declared the public hearing closed and Supervisor Bradshaw moved the Board adopt the following resolution At a regular meeting of the Board of Supervisors of Isle of Wight County, Virginia, held on the 17th day of March, 1994, at the time and place established by the Board of Supervisors for such meetings, at which the following members were present and absent: 3 ~~~~~ 1~ .~~:~E4~ PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Steve W. Edwards Phillip A. Bradshaw ABSENT: None the following resolution was adopted, after a public hearing on the issuance of the bonds described herein was held in accordance with Section 15.1- 227.8 of the Code of Virginia of 1950, as amended, on this date by the affirmative roll-call vote of a majority of the members. of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: Member Vote O. A. Spady, Chairman. Yea Malcolm T. Cofer, Vice Chairman Yea Henry H. Bradby Yea Steve W. Edwards Yea Phillip A. Bradshaw Yea RESOLUTION AUTHORIZING THE ISSUANCE OF SCHOOL BONDS OF .ISLE OF WIGHT COUNTY, VIRGINIA, IN THE AMOUNT OF $6,000,000. WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.1-227.40 of the Code of Virginia of 1950, as amended (the "Code"), Isle of Wight County, Virginia (the "County") has elected, by affirmative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing its bonds; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The Board of Supervisors (the "Board"} of the County determines that it is advisable to .undertake various school. projects, including site acquisition, planning, design, construction, renovation, expansion, equipping and furnishing of public schools and related facilities, and to borrow money for such purposes and issue the County's general Qbligation bonds therefor. 2. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 5.1, Title 15.1 of the Code, there are authorized to be issued and sold .$6,000,000 of the general obligation bonds described above.. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their date, bear interest. at such rate or rates, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Board may hereafter provide by appropriate resolution or resolutions. 1 1 4 4. The bands shall be general obligations of the County for the .payment of principal of and premium, if any, and interest` on which its full faith and credit shall be irrevocably pledged. 5. The Clerk of the Board, in collaboration with the County Attorney, is authorized and directed to see to the immediate filing of a certified copy of this resolution in the Circuit Court of Isle of Wight County. 6. This resolution shall take effect immediately. The undersigned .Clerk of the Board of Supervisors of Isle. of Wight County, Virginia, certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board of Supervisors held the 17th day of March, 1994, and of the whole thereof so far as applicable to the matters referred to in such extract. Witness my signature and the seal of the Board of Supervisors of Isle of Wight County, Virginia, thisl7th day of March, 1994. Clerk, Board of Supervisors of Isle of Wight County, Virginia The motion was unanimously (5-0) adopted. B. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County to Add Street- Lighting Requirements Chairman Spady called. for persons to speak in favor of or in opposition to the proposed ordinance. Mike Carlson of Springfield Downs Subdivision appeared in opposition to utilizing taxpayer dollars for street lights after. the initial five- year period unless for security reasons. Mr. Carlson further expressed his concern that if the Ordinance is adopted, residents of existing subdivisions could. then request street lights leaving the cost to be absorbed by either .the County, utilizing tax payer dollars, or the residents. Mr. Carlson further asked if the County currently has a set of adopted standards. County Attorney Crook stated a revised policy has been distributed to the Board which is in the same form as the Subdivision Ordinance amendment and provides specifications and criteria for the lighting and places the burden of the installation costs upon those requesting the lights. Supervisor Cofer moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND THE .SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA TO ADD STREET LIGHTING REQUIREMENTS 5 eDO~ 15.~c,r~~ BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the .following section 4-4-1-11 be added to the Subdivision Ordinance of Isle of Wight County, Virginia, to read as follows: 4-4-1-10. Street Li hg tinQ• Street lighting shall be provided and installed in all r subdivisions at intersections and along all streets. Street lighting shall also be installed at such other locations as are found by the Department of Community Development to require lighting in the interests of safety. and security for persons, property or traffic. Lighting shall be installed in accordance with the standards approved by the Board of Supervisors. The Department of Community Development can accept and approve street lighting in new developments that does not necessarily comply with the standards of the Street Lighting Policy of the Board of Supervisors where alternative ; street lighting can be provided ghat is more- suitable for the development. Easements for .street lighting shall be dedicated along. all subdivision streets to facilitate future installation requirements. Where such installation occurs within dedicated rights-of-way for public roads,. it is developer/subdivider's responsibility to obtain all necessary permits and easements which the Virginia Department of Transportation may require. All installation costs for installation of street lighting will be the responsibility of the developer/subdivider. Where the proposed system lies within the dedicated right-of-way and the local power company requires that such installation only be contracted by public utility, the developer/subdivider will sign an agreement with the County guaranteeing full payment to the County of all installation charges as well as administrative costs to the County in contracting for such installation. The developer/subdivides shall be responsible for the construction and operational c©sts for afive-year period beginning. with the energizing of the lighting system. Evidence of compliance with this requirement. shall be secured prior to the County's agent approving the final plat.. Compliance may take the form of cash to be held by the County until installation has been completed, or such costs may be included in the bonding amount for. other .required. improvements. The cost of operation of the lighting for afive- year period, however, shall be a cash settlement as a prerequisite to the County agent's approval of the final plat. The motion passed (4-1) with all .members voting in favor except Chairman Spady who voted against the motion. 6 so~cK 15 .p~. E4~ C. The request of the Isle of Wight Civic Club Council to .hold.. the Eighth .Annual Smithfield Ham and Gourmet Food Festival on Saturday, April 30, 1994 from IL•00 a.m. until 5:00 p.m. at Aberdeen Farm, located off Days Point Road (Route 673), in Hardy Magisterial Districk. Chairman Spady called for citizens to speak ir- favor of or in opposition to the proposed request. Joni Griffin, President of the Isle of Wight Civic Club Council, appeared in favor and presented a copy of the security plan. Upon no one. appearing in apposition, Chairman Spady closed the public hearing and Supervisor Edwards. moved the Board approve the request of the Isle of Wight Civic Club Council. The motion was unanimously (5-0) adopted.. // Supervisor Cofer moved the`Board proceed with the regular order of the agenda. The motion was unanimously (5-0) adopted. Supervisor Edwards left the room. Mr. Casket' stated the County annually participates in the Revenue Sharing Program administered by VDOT which provides State monies to match local funds by an equal amount to provide supplementary funding to the existing secondary road improvements program. Supervisor Cofer moved the Board appropriate. $300,000 in the FY1994-95 operating budget to continue participation in the Plan. The motion passed (4-0). Supervisor Edwards .was absent for the vote. Chairman Spady moved the Board adopt the following. resolution: RESOLUTION WHEREAS, the street described below was established January, 1956 and currently serves at least 3 families per mile; and, WHEREAS, the Virginia Department of Transportation has deemed this County's current subdivision control ordinance meets all necessary requirements #o qualify this C©unty to recommend additions to the .secondary system of state highways, pursuant to Section 33.1-72.1, Code of Virginia; and, 1 WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist. NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary. system of state highways, 7 ao~K 15 ~~~.{~SC~ pursuant to Section 33.1-72.1(D), Code of Virginia: Name of Street: Laurelwood Drive From: Carrollton Boulevard (Route 17) Guaranteed Right-of-Way: Fifty (50) feet Plat Recorded, Date: January, 1956, Book: 4, Page: 15 BE IT FURTHER RESOLVED, this Board guarantees a clear and t unrestricted right-of-way, as described, and any necessary easements fdr ' cuts, fills and drainage. BE IT FURTHER RESOLVED, this Board. requests the Virginia Department of Transportation to improve said street to the. prescribed minimum standards, funding said improvements pursuant to Section 33.1- 72.1(D), Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. The motion passed (4-0). Supervisor Edwards .returned to the meeting. Mr. Caskey stated during the Board's February 17,1994 public hearing concerning projects under the proposed Transportation Enhancement Program, representatives from Historic Smithfield, Inc. provided information concerning a project in downtown Smithfield that would extend the construction of the street improvements revitalization program. Mr. Caskey stated the Board indicated at that time that a resolution should be prepared in support of this project providing for the Counts endorsement and. submittal to the Commonwealth Transportation Board. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FOR THE SMITHFIELD. DOWNTOWN REVITALIZATION PROJECT -PHASE III WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or State agency in order that the Virginia Depar meet of Transportation program an enhancement project in the Town of Smithfield; and, WHEREAS, the Town Council of the Town of Smithfield has duly adopted such a resolution requesting transportation enhancement funds from the Commonwealth Transportation Board and the Virginia Department of Transportation and provided other participatory obligations. for the Smithfield Downtown Revitalization Project -Phase III on March 1, 1994; and, 1 1 8 eo~r 15 u ~1 WHEREAS, Historic Smithfield, anot-for-profit Virginia Corporation, was created to implement the Smithfield Downtown Revitalization Project and has achieved notable recognition of its success with earlier phases of the project. WHEREAS, the Board of Supervisors of Isle of Wight County has continually supported. the Smithfield Downtown Revitalization Project because of the numerous transportation, historic, .economic, and aesthetic benefits .provided the citizens of the Town of Smithfield, the County of Isle of Wight, and the Commonwealth of Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, the Board. of Supervisors of Isle of Wight County endorses the request by Historic Smithfield, snot-for-profit Virginia Corporation, for transportation enhancement funds from the Commonwealth Transportation Board and the Virginia Department of Transportation for the Smithfield Downtown Revitalization Project -Phase III. BE IT FURTHER RESOLVED that the County Administrator is authorized to do all things necessary to give this resolution effect. The motion was unanimously. (5-0) adopted. Mr, Caskey ,stated at the Board's February 17, .1994, a public hearing was. held on the Bikeway Trail Facilities Plan under the Transportation Enhancement Program. Mr. Caskey stated Surry County, which is anticipating keying off the County's application for their own bikeway plan to create a continuous trail system, is requesting an endorsement from the County of their application. Supervisor Cofer moved the Board support the Surry County Bikeway Plan application and authorize the County Administrator to send a letter to the Commonwealth Transportation Board. The motion was unanimously (5-0) adopted.. !/ Chairman Spady called for the Community Development report. Mr. Casket' stated information was presented to the Board at their February 17, 1994 meeting relative. to jurisdictions that have adopted cash proffer systems and included in the agenda is a report explaining how incorporated towns within such jurisdictions relate to the cash proffer system. Mr. Caskey also stated the County Administrator has contacted the towns of Smithfield and Windsor but has not yet received a response relative. to their respective interest and level of participation. County Attorney Crook noted it is an inducement for development in the towns if they do not adopt the proffer system. Supervisor Edwards moved the Board table the matter to the April 21, 1994 meeting and direct the County Administrator and such staff as needed 9 .. ~~~~~ 15..;-E~._ to attend the next town councils' meetings. The motion was unanimously (5-0) adopted, Mr. Casket' requested the Board's authorization tp cut the grass on properties located along Days Point Road in accordance with the County's contractual agreements. Supervisor Cofer moved the Board direct Community Development staff to send one final notice to the property owners and upon no action being taken to cut the grass proceed with having the grass cut at the ;property owner's .expense. The motion was unanimously (5-0) adopted. // Chairman Spady called for the County Attorney's report. The County Attorney requested Mr. Casket' to give the Board the history on the Allendale Estates matter. Mr. Casket'. stated at the .time that the Allendale Estates Subdivision was approved by the Board in 1991 there was unique language placed in the surety documentation that included the stipulation by Dominion Bank that until such time as all of the streets are accepted into the State highway sys#em by VDOT that a minimum of 10% of the original contract. amount would remain and be available in an escrow account. Mr. Casket' stated the Board recently took action to accept two of the three streets into the State system and at the time this was occurring. staff checked with the surety company to make sure everything was in place and learned from First Union National Bank, the surety holder, that the escrow account does not contain the required 10% escrow amount. Mr. Casket' stated he called this to .the attention of the developer .although there has been no affirmative response. from the developer or First Union National Bank to correct the .matter. County Attorney Crook stated the agreement allowed the funds to be released from the escrow account as the streets were built; however, 10%, approximately $25,000, was to be retained in the escrow account. Mr. Crook further stated the bank signed a letter to this effect but released more funds .than they were authorized to release. Mr. Crook stressed if the remaining road is not accepted into the State system and deteriorates then there could be a serious problem. Supervisor Edwards moved the Board direct the County Attorney to prepare a letter on behalf of the Board to First Union National Bank stating the, Board is holding them responsible for the 10% escrow money for the Allendale Estates Subdivision. The motion was unanimously (5-0) adopted. County Attorney. Crook advised the Equalization Board should be :appointed prior to July 1, 1994. Mr. Crook stated the Board nominates the appointees to the Circuit Court judge who makes the appointments for a one-year term. NSr. Crook stated the State statute calls for not less than three nor more than five members who meet on an as-needed basis and it r 1 1 10 es~K 15.:,..f5~ has been suggested the County have acut-off date for the applications. Mr. Crook stated it is his recommendation that the County not have acut-off date, buY if #hey do, that it not be earlier than December 31, 1994. Mr. Crook stated the Board can set compensation for members on a meeting basis or by the hour. Supervisor Edwards moved the Board nominate five Equalization Board anembers, one from each election district. The motion was unanimously (5-0) adopted. County Attorney .Crook stated a formal organization meeting of the Volunteer Fire .Departments and .Rescue Squads of Isle of Wight County Association was held the previous evening and bylaws adopted. Mr. Crook stated the 'regular meeting date is the first Tuesday of each month and at their first meeting in .April the Association .will review the capital improvements budget for FY1994-95. At 7:45 p.m. Supervisor Cofer moved the Board take afive-minute recess. The motion was unanimously (5-0) adopted. The Board returned to open session at 7:54 p.m. County Attorney Crook distributed a street lighting policy for the Board's consideration and stated he would recommend that the words be deleted from paragraph #6, line 4, after the word "requests" which states "provided money. is available in the budget for rental payments" and also the wording in Section B, .line 3, after the word "areas" which states "where there are installation charges to be borne by Isle of Wight County". Supervisor Bradby .expressed his concern with citizens being responsible for the first five years of service when there are existing subdivisions in the County .enjoying street lights without cost to them. Supervisor Bradby stated he agreed that the County could not afford tv absorb a $2,000 installation cost for each light in new subdivisions, however, in situations where the .pole is existing, he would prefer the County pay the utility cost where funds are available. County Attorney Crook stated he was aware of this and. presented this to the .Board previously, however, the Board's consensus was that the County did not want to take on this expense and he had to revise the policy to reflect that requestors of street lights would have to absorb the expense of installations. Supervisor Bradshaw moved the Board adopt the following amended resolution i' STREET LIGHTING POLICY WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has received. numerous requests for street lights from citizens of the County for the purposes of security and for the health and well-being of the citizens of Isle of Wight County; and, 11 ao~~ ~.5.~,~E5 WHEREAS, the Board of Supervisors of Isle of Wight .County, Virginia, has through its staff conducted a study of the. needs of the citizens and the policies of other jurisdictions concerning street lighting; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, wishes to provide for street lighting for citizens of Isle of Wight County to meet the demands of said citizens, and, within limited budgetary constraints, to provide street lights for said citizens. IN CONSIDERATION WHEREOF, it is RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, that the following. shall constitute the Board of Supervisors` of Isle of Wight County, Virginia, Street lighting Policy: L RESIDENTIAL REQUESTS A. Residential street lights will be installed upon citizens' request based upon the following. criteria: 1. Where five (5) dwellings, commercial establishments, churches, schools, or a combination thereof are located on either side of a thoroughfare within a distance of 600 feet, subject to the following: 2. A petition shall be filed with any request for installation of .street .lights. If the lights. are not in a platted subdivision or if the light or lights are part of an addition of three lights or less to an existing streetlight system, whether in a subdivision or not, then the petition shall include the signature of the owner or resident of any dwelling which is located on a lot or parcel within 150 feet of the proposed location of each street light. If the request is for the installation of a street light system for an entire platted subdivision or an identifiable section of a subdivision with ten (10) or more lots, then the petition shall include the signatures of the owners or residents representing. sixty (60%) percent of the subdivision or section of a subdivision to be served by the proposed street lights. 3. Each light shall be on the right-of-way of a public road.' 4. Each light will serve a minimum of three dwelling units or as necessary to illuminate an intersection of public x 1 1 12 .- r eo^~ 15 ,,,..6,~~; ~.. roads. 5. A system of three (3) lights can be installed based on #4 above; or an individual light wilt expand an existing system of two or more lights; or there is a significant public safety reason for installing less than three (3) lights. 6. The Office of Community Development shall administer this policy on behalf of the Board of Supervisors and shall .have ' the. authority to approve requests. If the request is not approved, written notice. explaining the reasons for denial shall be sent by the Office of Community Development to the person submitting the request with a copy to the Board of Supervisors. Appeal of the decision of the Office of Community Development shall be to the Board of Supervisors. B. In subdivisions with existing underground utilities or other areas, street lights will be erected upon request of at least sixty (6C~%) percent of the residents of the subdivision or area to be served. Such request shall be made by written petition on a form supplied by the Office of Community Development. After receipt of the petition, the Office of Community Development, shall: 1. Assess the street lighting needs of the area including nearby areas which may logically and economically be included in a street light program. 2. Develop an overall street lighting plan in conjunction with Virginia Power or other public utility company having jurisdiction, and the highway department. The plan shall include the size and location of all street lights and a budget for both installation cost and annual service charges. 3. The plan and budget shall be presented to the Board of Supervisors with copies of the petition and the Office of Community Development assessment of .the street lighting needs for the area. The Board may deny the request for street lights or approve the request. If 13 'so~~K ~.5 ~.~~6aG' approved, the Office of Community ' ' Development .shall schedule the 'installation of the lights .with Virginia Power or other public utility company having jurisdiction. II. Street lights on the rights-of-way of public roads in commercial and industrial areas will be erected based upon street light plans and budgets prepared by the Office of Community Development as part of the Capital Improvements Program: Individual street lights in commercial and industrial areas may be erected upon request based .upon immediate public safety concerns after approval by the County Administrator. Street lights. within new commercial and industrial developments shall be installed by the developer in accordance with the requirements of the Zoning and Subdivision Ordinances.. III. STREET LIGHT STANDARDS A. Residential Areas 1. .Light size - 5,000 lumen 2. Distance between lights 300- 400 feet 3. Maximum number of lights in a subdivision shall not exceed one light per three. lots 4. Each light shall be on the right-of-way of a public street B. Commercial and industrial light standards shall be established in the individual street light plans for these areas. Standards shall be coordinated with the Virginia Departmenk of Transportation standards for roadway lighting. Each light shall be on the right-of-way of a public street. IV. INSTALLATION AND MAINTENANCE COSTS All installation costs for installation of street lighting will. be the responsibility of the requesters (petitioners). Where the proposed system lies within the dedicated right-of-way and the local power company requires such installation only be contracted by public utility, the requester (petitioners) will sign an agreement with the County guaranteeing full payment to the. County of all installation charges as well as administrative costs f 1 1 1 14 eoa~ ~J ~~•EJ~ to the County in contracting for such installation. The requestors (petitioners) shall be responsible for the construction and operational costs for alive-year period beginning. with the energizing of the lighting system. Evidence of compliance with this requirement shall be secured prior to the County's agent approving the installation. Compliance may take the form of cash to be held by the County until installation-.has been completed, or such .costs may be bonded with adequate surety to the satisfaction of the County's agent. The cost of operation of the lighting for afive-year period, however, shall be a cash settlement as a prerequisite to • the County agent's approval of the installation. The motion passed (4-1) with all members voting in favor except. Supervisor Bradby who voted against .the motion. // Chairman Spady called for the County Administrator s report. County Administrator Standish distributed a resolution authorizing a grant application for the ©ffice on Youth which he recommends to the Board for their favorable consideration and which does not require any local: match. Supervisor Edwards moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE COMMONWEALTH OF VIRGINIA RURAL INITIATIVE. GRANT PROGRAM WHEREAS, increasingly young people in Isle of Wight County, Virginia are experimenting with and becoming addicted to illicit and illegal drugs; and, WHEREAS, the Isle of Wight County Office on Youth has .received funds from the Commonwealth of Virginia Rural Initiative Grant program to implement a program in cooperation with other local agencies which addresses the substance abuse problems of youthful offenders in Isle of Wight County; and, WHEREAS, the grant funds in the amount of three thousand dollars ($3,000) need to be appropriated to the Office on Youth line item in the 1993-~4 budget- of the County of Isle of Wight, Virginia. NOW,. TI-iEREFORE, BE IT AND IT IS HEREBY RESOLVED by .the Board of Supervisors of the County- of Isle of Wight, Virginia that three thousand dollars ($3,000) or, as much as might be received from the Commonwealth of Virginia Rural Initiative Grant program be appropriated to the Office on Youth line item (28-11-092-5120E-5401A) in the. 1993-94 . budget of the County of Isle of Wight. 15 ~. 8~0!'K ~5 %AG~U~~ 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 things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. County Attorney Crook distributed a copy of the agreement between the County and SPSA for solid waste disposal which the Board approved at their previous meeting subject to his recommended changes. He stated that the attorney for SPSA had revised the agreement to incorporate Mr. Crook's recommended changes and he now recommends to the Board final approval of the agreement and that the Chairman be given authority to-sign the agreement. Supervisor Bradshaw moved the Board approve the agreement and authorize .the Chairman to sign on behalf of the Board. The motion was unanimously (5-Q) adopted. County Attorney .Crook stated SPSA is requesting the Board's favorable consideration of a model ordinance for all solid waste to go to SPSA from the County. Mr. Crook stated he has discussed the matter with the County Administrator, as well as various attorneys in other jurisdictions, and the City of Norfolk is the only jurisdiction that has adopted such an ordinance. Mr. Crook stated in order to do this the County must adopt an ordinance under the statute and he does not believe the County can meet the requirements under the statute for such an ordinance. Supervisor Cofer stated there was a presentation. at the last SPSA meeting and he would suggest that the County Attorney speak with the SPSA attorney. Chairman Spady stated the County is obligated to SPSA to carry the County's trash to SPSA,. but for the Board to pass an ordinance requiring businesses. or subdivisions to transfer their trash to SPSA is unfair. Supervisor Cofer stated the County is performing under mandates from the State to reach levels of recycling and if the County does no.t control all waste, the localities' rates per ton will increase. Supervisor Cofer further stated private haulers do not have mandates to meet and place their refuse in a landfill. Supervisor Cofer stated private landfills also have a lower tipping fee .than SPSA and if .the County does not implement some type of waste control then more refuse will go to landfills causing the County's rates to increase.. Supervisor Cofer continued some localities are not meeting the total percentage required under the mandates, however,. SPSA is .counted as a group as long as they maintain a certain level of recycled material through the SPSA program and then each locality is not required to meet the mandate separately. Chairman Spady stated if private landfills had to observe the same regulations as SPSA they would be competitive. 16 eo,,K ~5.,;,.~~r~ County Attorney Crook stated State legislation controls and provides requirement for a flow control ordinance. County.Attorney Crook further stated. citizens will be upset if they cannot take their trash to less expensive places and you may run into a situation where SPSA does not have any incentive to keep their prices down. However, if SPSA does not get the waste.. it will cost .the County more and the way to control the situation is from a legislative standpoint, stated Mr. Croak. Chairman Spady stated it should be suggested to SPSA that legislation is the way to proceed and. he believes each jurisdiction in SPSA should back them on it. County Administrator Standish advised bid results for the Rushmere Volunteer Fire Department improvements will be brought back to the Board for consideration at their April 21, 1994 meeting. Supervisor Bradshaw.moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE SIXTY THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE 1994 VIRGINIA COASTAL RESOURCES MANAGEMENT: PROGRAM FOR THE FORT BOYKIN PUBLIC ACCESS RECONSTRUCTION AND SHORELINE EROSION CONTROL PROJECT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has authorized the development, submission and receipt of a grant from the .1994 Virginia Coastal Resources Management Program (VCRMP) for the Fort Boykin Public Access Reconstruction and Shoreline Erosion Control Project; and, WHEREAS, the funds in the amount of sixty thousand dollars ($60,000) or so much as shall be received from the VCRMP need to be appropriated to the capital. projects budget in the 1994-95 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 sixty thousand dollars ($60,000) or so much as shall be received from-the Virginia Management Grant Program be appropriated to the 1994-95 capital projects budge# of the County of Isle of Wight, Virginia, for the Fort Boykin Public Access Reconstruction and Shoreline Erosion Control Project. 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 things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. County Administrator Standish recommended the Board defer any further changes to -the Animal Control Ordinance until State law changes 17 eo~~ ~5.~::~eE~~ can be incorporated after July 1, 1994. County Administrator Standish stated .the County annually. has a volunteer recognition program and he would recommend the Board authorize $1,000 from the Count}~s contingency account for this program. Alan Nogiee, Director of Parks & Recreational Facilities Authority, stated past programs have drawn approximately 100-150 citizens and advertisements will be .run. in the various local newspapers and flyers circulated. Supervisor Bradby moved the Board authorize $1,000 from the contingency fund. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TEN THOUSAND EIGHT HUNDRED TEN DOLLARS ($10,810) FROM THE COMMONWEALTH OF VIRGINIA FOR THE TWO FOR LIFE PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded reimbursement from the Commonwealth of Virginia for the Two For Life Program during the fiscal year 1992-93; and, WHEREAS, funds in the amount of ten thousand eight hundred ten dollars ($10,810) are needed to be appropriated to the Isle of Wight Rescue Squad and Windsor Rescue squad line items 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 ten thousand eight hundred ten dollars ($10,81.0) be appropriated to line items 11-3203-5605A, Isle of Wight Rescue Squad ($5,405). and 11-3203-5605B Windsor Rescue Squad ($5,405) 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 for this program and to do all the things necessary to give this resolution effect. The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION DESIGNATING APRIL S6 THROUGH 23, .1994 AS NATIONAL COUNTY GOVERNMENT WEEK WHEREAS, county government is the oldest form of local government in .the United States; and, 18 e~~r ~J ~ ~.~1 WHEREAS, Virginia is the birthplace of county government, with the first counties in America being Virginia's eight original shires that were established in 1634 and the County of Isle of Wight has been in existence for over three hundred fifty years; and, WHEREAS, ninety-eight percent of the nation's population and two thirds of Virginia's population live in counties; and, WHEREAS, county governments provide a wide range of services for the benefit of all people of and are often the last available resource for providing critical and long-term services for the poor, the homeless, immigrants, refugees and the disadvantaged segments of society; and, WHEREAS, over the past thirty years county governments have assumed increasing responsibility for the administration and financing of health, welfare, justice, transportation, housing and community development programs and county governments have also been assigned a greater .role in solving area-wide problems dealing with air pollution, water pollution, solid .waste disposal, airports, transit systems, regional. parks and other important issues. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Isle of Wight County joins all other counties in the United States and recognizes the week of April 16 through April 23, 1994 as NATIONAL COUNTY GOVERNMENT WEEK. The motion was unanimously (5-0) adopted. County Administrator Standish noted $16,919.40 was collected by the delinquent tax attorney at a cost of $3,426.98 to the County, which represents 20% of the amount collected. County Administrator Standish noted his staff would coordinate registration for the Chamber of Commerce legislative breakfast on March 23, 1994 and that Delegate Barlow has been asked to address the County's legislative priorities for the current fiscal year. // Chairman Spady called for the FY1994-95 budget. County Administrator Standish he would recommend the Board continue their meeting to March 31, 1994 when the School's proposed budget request is complete. ri Chairman Spady called for Old Business. Upon there being no old business for discussion by the Board, Chairman Spady. called for New Business. 19 eo~x ~5 :~tEf 2 Supervisor Edwards requested the County Administrator review the appropriateness of compensating the Comprehensive Services Act Board as they work after regular hours.. County Attorney Crook stated the Board of Supervisors has a policy which compensates Board appointed boards and commissions $50 per meeting, but not to exceed $50 per month. Chairman Spady asked the County Administrator if all boards and cammissions were being so compensated. and the County Administrator stated that some were not. Supervisor Bradshaw requested the County Administrator provide a report to the Board on all compensated boards and commissions in the County, i.e., .those who are compensated, and. in what amount, and those who are not. Supervisor Bradby requested the status of Route 681. County Attorney Crook stated if Supervisor Bradby could provide him with a list of heirs or a contact person as he had previously promised then,he could proceed .further with. the matter. Supervisor Bradshaw moved the Board direct the County Administrator to correspond with VDOT on actions taken over the last twelve months regarding road improvements, to include what is projected for the following twelve months. The motion was unanimously (5-0) adopted. // Chairman Spady called for Appointments. Supervisor Bradby moved the Board reappoint Anne R. Edwards for an additional four-year term to the Paul D. Camp Community College Board which will expire in June of 1997. The motion was unanimously (5-0) adopted. Supervisor Bradshaw moved the Board appoint Beverly Tubbs representing the Carrsville District for athree-year term on the Commission on Aging Board which will- expire in March of 1997. The motion was unanimously (5-0) adopted. Supervisor Edwards moved the Board approve the creation of the Overall Economic Development Plan Committee and appoint the following individuals. for aone-year term on .the Overall Economic Development Plan Committee: Edna King, .Ron Pack, Pete Carr, Bobby .Claud, O.A. Spady, Alan Monette and Lynn Harris (ex-officio). The motion was unanimously (5-0) adopted., Supervisor Bradshaw moved the Board appoint Chairman Spady as the Board's .representative on the Southeastern Virginia. Job Training s 1 1 20 BOOM ~5 ~;"'~U~ Administration and that Donald T. Robertson be his designee. The motion was unanimously (5-0) adopted. , Supervisor Bradshaw moved the Board reappoint Donald T. Robertson as the local representative to the Western Tidewater Disability Services. Board. The motion was unanimously (5-0) adopted. Supervisor Edwards moved the Board .reappoint Denise N. Tyner for an additional. three-year term tb the Western Tidewater Community Services Board which will expire in December of 1996. The motion was unanimously (5-0) adopted. // Chairman Spady called for approval of the February 17, 1994 minutes. Upon recommendation of County Attorney Crook, Supervisor Bradshaw moved the Board adopt the. amended minutes to reflect on Page $ the corrected name of Charles and Mary J. "Melton" and on Page 40 the corrected -names of Alan "Poe" and Sharon "Harrell". The motion was unanimously (5-0) adopted. // County Administrator Standish noted that the Board. should continue their meeting to March 31, 1994 at 5:00 p.rn. for the purpose of discussing the FY1994-95 budget. Mr. Standish further noted that the Board. should continue the March 31, 1994 meeting to April 5, 1994 at 11:00 a.m. in order to receive bids on the bond issue. At 8:53 p.m. Supervisor Cofer moved the Board continue their meeting to March 31, 994 at 5:00 p.m. The. motion was unanimously (5-0) adopted. O. A. S y, Chairman ~~~ Myles .Standish, .Clerk 21