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07-21-1994 Regular Meeting80~R ~~ .~!;r~~Q REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF JULY IN THE YEAR NINETEEN HUNDRED NINETY FOUR PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw J. K. IIal;er Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator, W. Douglas Casket', Assistant County Administrator/Community Development Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Spady ~al1cJ the mc~~ti»b to ~r~cr at G:00 p.m. 'I1ic invocation was delivered by Supervisor Bradshaw. // Chairman Spady called for Presentations. Supervisor Cofer moved that the Board adopt the following resolution in recognition of John M. Boone's retirement with the County: RESOLUTION RECOGNIZING JOHN M. BOONE FOR EXEMPLARY SERVICE TO THE COUNTY OF ISLE OF WIGHT WHEREAS, John M. Boone has tendered his resignation as Building Inspector with the County effective July 29, 1994, after eight years of continuous service; and, WHEREAS, Mr. Boone has served the citizens of the County of Isle of Wight in an exemplary manner; and, WHEREAS, Mr. Boone was presented with the Public Service Employee of the Year Award for 1993 by the Peninsula Housing and Builders Association, a most prestigious award. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County does hereby recognize and express its most sincere appreciation to John M. Boone for the many years of dedicated service rendered by Mr. Boone in his capacity as Building Inspector for the County. BE IT FURTHER RESOLVED that this resolution be presented to John M. Boone at the regular meeting of the Board of Supervisors of July 21, 1994, and that a copy be included in the minutes of the meeting of the Board of Supervisors. 1 1 aO~K ~.5 %Mf.'771 The motion was unanimously adopted (5-0). Chairman Spady called for a report from the Reassessment Board. Robert Taylor, member, Reassessment Board, offered the following suggestions relative to the reassessment effort: (1) reassessment cards should be made available to citizens, to include a charge for copying cost (2) send out letters noting land use taxes are not reflected on property for upcoming reassessments, (3) implement procedure regarding new additions, such as buildings and decks in mobile home parks, (4) hire a professional appraiser each year for new construction, additions, (5) address pollution abatement equipment questions, and (6) explain procedures and duties. to new Equalization Board members. Mr. Taylor noted for the Board's information that the County's current property value is $1,185,661,625. Supervisor Bradshaw moved the Board direct the County Attorney and County Administrator to meet with the Commissioner of the Revenue regarding the recommendations of the Reassessment Board, specifically regarding placing pollution abatement equipment on the tax books. The motion was adopted unanimously (5-0). // Chairman Spady called for Citizens Comments. Luther Boone of Zuni presented the Board with t-shirts on behalf of the Carrsville Community Day Committee. Susie Slate of Walters presented the Board with a petition signed by residents of Bows & Arrows Road requesting that VDOT be asked to install a reduced speed limit and no-through-trucks signs. W. Douglas Casket', Assistant County Administrator/Community Development, advised his department has communicated with VDOT to investigate the regular use of the road by logging trucks, specifically how the trucks impact the weight limits on the bridges, and also to request a speed s#udy. Supervisor Bradshaw advised Ms. Slate that Bows & Arrows Road is in the Six-Year Plan for upgrade and requested staff to follow up on the matter, keeping Ms. Slate apprised of the status of the proceedings. Ms. Slate requested staff to make sure the recording is turned on in the County Administrator's office after 5:00 p.m. so that calls can be forwarded to the Sheriff's Department for action. Ms. Slate stated she attempted to contact the.Sheriff's Departmentthe preceding weekend and was unable to get through on the 562 or 242 exchange. Mrs. Slate further stated after calling the 357 exchange she was informed by the Sheriff s Office that the recording in the County, Administrator's office was not switched to the Sheriff's office for the weekend. Ms. Slate stated she received a letter from the County Administrator dated June 17, 1994, addressed to GTE, regarding the extended area calling proposal which did not address the fact that the Franklin exchanges involved are not necessarily County residents. Ms. Slate stated her previous request was for County residents only. County Administrator Standish stated subsequent to the letter being sent out the Franklin City Council adopted and authorized their City Manager to request t11e change from G`l'E. Mr. Standish further stated this is a regional issue and if done in cooperation with other localities stands a greater possibility of acceptance by C'1'1/ under review of the State Corporation Commission. Chairman Spady requested the County Administrator to again write GTE specifically noting Franklin exchanges that are located in the County. // Chairman Spady called for the Community Development report. Mr. Caskey presented the following for the Board's consideration: A. Application of J. V. Oliver, Jr., and GTE, .prospective owner, for a Conditional Use Permit to locate telephone switching equipment on .3021 acres of land located on the south side of Oliver Drive (Route 600) between Longview Drive (Route 602) and Holloway Drive (Route 1430) in Newport Magisterial District. Mr. Caskey stated no one appeared in opposition to the application at the Planning Commission's meeting and the Planning Commission voted to recommend approval to the Board with one member from the Smithfield District abstaining from the .vote because of a conflict of interest. Supervisor Cofer moved the Board approve the application of J. V. Oliver, Jr. The motion was adopted unanimously (5-0). B, Application of Will R. Kitchen for a Conditional Use Permit to locate no more than three (3} £ace signs on a proposed canopy, no closer than five (5) feet from the street right-of-way and to locate one (1) detached sign, no closer than ten (10) feet from the street right-of-way at 5445 Windsor Boulevard (Route 460) in Hardy Magisterial District. Mr. Caskey recommended the Board table consideration of the Will R. Kitchen Conditional Use application until after the Board holds its public hearing tonight on a rezoning application for the same property. C. Application of Roy W. and Mary J. Justice for a Conditional Use Permit to occupy a mobile home for thirty-six (36) months while constructing asingle-family dwelling on twenty-one (21) acres of land located on the north side of White Hill Trail (Route 623), between Mill Swamp Road (Route 621) and the Surry County Line, in Hardy Magisterial District. 1 n 3 BOCK ~~ ;.~~;t?73 Mr. Caskey stated there was no opposition presented to the application at the Planning Commission's meeting and the Planning Commission voted unanimously to recommend approval of the application to the Board for the temporary occupancy of the mobile home for no more than thirty-six months while the applicants construct their residence. Supervisor Bradby moved the Board approve the application of Roy W. and Mary J. Justice as recommended by the Planning Commission. The motion was unanimously adopted (5-0). D. Application of Leon S. Bunch, Jr., for a Conditional Use Permit to continue the occupancy of an existing mobile home on 5.188 acres of land located at 15358 Bro-gan Lane, for a period not to exceed twelve (12) months, in Newport Magisterial District. Mr. Caskey stated this application represents a request for an extension of time of a Conditional Use Permit that carne before the Board on three previous occasions, initially in November of 1985. In July of 1989 an extension fur thirty-six nwnths was granted for the original permit and in June of 1992 an additional twenty-four months extension was granted. The Planning Commission did discuss the fact that the applicant's single- family dwelling is approximately 90% complete. There was no opposition presented to the application at the Planning Commission's meeting and the Planning Commission voted unanimously to recommend approval to the Board for the extension of the Conditional Use Permit for an additional twelve months. Supervisor Bradshaw moved the Board approve the application of Leon S. Bunch, Jr. as recommended by the Planning Commission. The motion was unanimously adopted (5-0). E. Application of Stephen Merrill for a Conditional Use Permit to continue the occupancy of an existing mobile home on 21.61 acres of land located at 8331 Peanut Drive (Route 649) for a period not to exceed thirty-six (36) months, in Hardy Magisterial District. Mr. Caskey stated there was no opposition presented to the application at the Planning Commission's meeting at which time the Planning Commission discussed .the amount of time that has already been given the applicant and that construction of the single-family residence has. not been initiated. The applicant represented to the Planning Commission certain delays which he has encountered. The Planning Commission voted unanimously to recommend approval of the application for a period of twelve months only and encouraged the applicant to initiate construction on the single-family residence. Supervisor Bradshaw moved the Board approve the application as recommended by the Planning Commission that the application be only for a period not to exceed twelve ,months. The motion was adopted unanimously (5-O). F. Subdivision plat showing a portion of property owned by Sidney 4 eo~~ 15 ~~;:~7?t~ Lawrence,' Jr., and Earl Felton Lawrence,. located on Shiloh Drive (Route 603), in Windsor Magisterial District. Mr. Caskey stated the Planning Commission voted unanimously to recommend approval of the subdivision plat to the Board. Supervisor Hager moved the Board approve the plat of Sidney Lawrence, Jr. and Earl Felton Lawrence. The motion was unanimously adopted (5-0). // Chairman Spady called for the County Attorney's report. County Attorney Crook stated he received a letter from the Commissioner of the Revenue advising that the current tax rate could be reduced from $.74 per $100 to $.66 per $100 and still generate the same amount of revenue due to the reassessment. Mr. Crook asked the Board if they wanted him to prepare an ordinance for public hearing to consider a reduction in the tax rate. Mr. Crook advised there is a statute that provides that if the increase of tax revenue resulting from reassessment is more than 1% then the Board is to reduce the tax rate unless they adopt an ordinance otherwise. Chairman Spady moved the Board advertise an ordinance for setting the real estate tax rate at $.74. The motion was adopted unanimously (5-0). Mr. Crook advised a meeting with the Electoral Board was held regarding the Pons voting polls which was recently condemned by the Building Official. The Electoral Board discussed the matter previously with the ,County Administrator who negotiated with Kirk Timber Company to obtain a site centrally located for the Pons and Mt. Holly precincts. Because the Electoral Board would like to combine the two precincts, Mr. Crook stated he would like permission from the Board to prepare an ordinance amendment for the combination of the two precincts as well as authorization for him to write the United States Department of Justice for approval under the Civil Rights Act. Supervisor Bradby moved the Board direct the County Attorney to prepare an ordinance amendment to combine the Pons and Mt. Holly precincts and that the .County Attorney be authorized to write the U.S. Department of Justice regarding approval under the Civil Rights Act. The motion was adopted unanimously (5-0). County Attorney Crook stated with the completion of the reassessment the Circuit Court should be petitioned. to appoint the Board of Equalization and he requests authorization from the Board to proceed with accomplishing this. Supervisor Bradshaw moved the Board authorize the County Attorney to petition the Circuit Court for the appointment of the Equalization Board. The motion was adopted unanimously (5-0). 1 1 5 eoeK ~5:~-:~77~"~ ii Chairman Spady called for the County Administrator's report. County Administrator Standish stated the County and School system annually solicit bids for gas, diesel and fuel oil and contained in the agenda is a bid tabulation form listing the amounts of bids received for same on June 28, 1994. Supervisor Bradshaw moved the Board accept the low bid of Southern States. The motion was adopted unanimously (5-0). County Administrator stated contained in the agenda is a request from SPSA to join with them to petition the General Assembly delegation to adopt federal legislation relative to waste flow control. County Attorney Crook advised there has been a recent federal case that such an ordinance was in restraint of trade and thus unconstitutional. Supervisor Cofer moved the Board authorize the County Administrator to send a letter encouraging federal legislation supporting appropriate waste flow control. The motion was adopted unanimously (5- 0). County Administrator Standish stated the Commission on Aging Board is proposing a youth orchestra concert in January of 1995 at the Smithfield High School auditorium and is requesting an allocation from the County in order that the concert can be held free to the community. Supervisor Bradby moved the Board authorize $1,000 from the contingency account to cover expenses relative to a youth orchestra concert. The motion was adopted unanimously (5-0). County Attorney Crook stated the Commission on Aging Board is requesting an amendment to their bylaws which were approved by the Board in the past. Mr. Crook stated he has reviewed the bylaws and amendment and recommends them to the Board for approval. Supervisor Cofer moved the. Board approve the following amended. Commission on Aging bylaws: BY-LAWS OF THE ISLE OF WIGHT COUNTY COMMISSION ON AGING ARTICLE I NAME -PURPOSE Section I-1. Name.. The official name of the Commission is the Isle of Wight County Commission on Aging herein referred to in these Articles as the Commission. 6 e~ox ~5 ~.,.,`~76 Section I-2. Purpose= The purpose of the Commission on Aging is to identify the needs of the senior citizens of Isle of Wight County, and to encourage, promote and develop ways and means by which those needs can be more effectively met. The Commission will enlist the support of and work with public and private organizations (local, regional, state and federal) as well as the citizens of Isle of Wight to accomplish its purpose. The Commission will report periodically to the Board of Supervisors on its activities, and on the ,needs of senior citizens and make recommendations to the Board of Supervisors for the implementation of programs designed to meet those needs. ARTICLE II MF.MI3ERSHIP Section II-1. Representation. The Commission shall be composed of two (2) members from each election district and represenkatives from agencies and/or organizations when appointed to the Commission by the Board of Supervisors. Section II-2. Terms. Commissioners shall be appointed for three year terms by the Board of Supervisors. Section II-3. Votinsr. Each Commissioner shall be entitled to one vote on all issues.. Section II-4. Attendance The Board of Supervisors may appoint alternates to attend meetings and act only in the absence of the Commissioner for whom they are the alternate. Each duly appointed alternate shall have the right to vote on behalf of the absent Commissioner. Section II-5. Citizen Organizations. Any senior citizen organization desiring to be represented by members shall make application to the Board of Supervisors who will act on said request only upon recommendation of the Commission. ARTICLE III OFFICERS AND DUTIES Section III-1. Officers. The officers of the Commission shall be a Chairman, Vice Chairman, Secretary and Assistant Secretary. . Section III-2. Duties of Chairman.. The Chairman shall preside at all meetings of the Commission except as otherwise authorized by resolution of the Commission. The Chairman or his/her designee shall sign all contracts, agreements and other instruments, as approved by the .Commission. At each meeting the 1 1 1 7 BOOK ~.5:er:~7~ Chairman shall submit such recommendations and information as he/she may consider proper concerning the business, affairs and policies of the Commission. At the June meeting the Chairman shall present and. report on the Commission's activities for the preceding year, with a copy to be forwarded to the Board of Supervisors, and a copy retained for the Commission's files. He/she shall appoint committees as needs arise. Section III-3. Duties of Vice Chairman. The Vice Chairman shall perform the duties as requested by the Chairman; and in the absence of the Chairman he/she shall conduct meetings of the Commission. In case of the resignation or inability of the Chairman to serve, the Vice Chairman shall perform such duties as are imposed on the Chairman until such time as the Commission shall select a new Chairman. Tay virtue of this office, the Vice Chairman shall also serve as Chairman of the Program Committee. Section III-4. Duties of Secretary. The Secretary shall be responsible for recording the minutes of each meeting of the Commission and assuring that they are technically accurate and complete.. He/she will be responsible for giving notices of all regular and special meetings of the Commission. The Secretary shall see that all contracts, agreements, minutes and other entrustments are properly maintained for the review of any Commissioner. He/she. shall keep a written record of all Commission appointments and notify the Board of Supervisors two months prior to a term expiration. section III-5. Duties of Assistant Secretary.. The Assistant Secretary shall perform the duties as requested by the Chairman and the Secretary and in the absence of the Secretary shall be responsible for all duties related to the position of Secretary. Section III-6 Terms. The Officers shall be elected for a term of .one (1) year and shall not serve more than three (3) consecutive terms in the same office. Section III-7 Elections. Election of Officers shall take place at the June meeting. The floor shall be open for nominations and the election shall proceed. A quorum must be present to conduct an election and elected officers shall take office immediately. Section III-8 Vacancies. Should the offices of Chairman, Vice Chairman or Secretary become vacant, the Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. 8 ARTICLE IV MEETINGS Section IV-1. Regular Meetines. Meetings are scheduled monthly to be held on the first Wednesday of the month at 10:00 a,m. Whenever there is no business of the Commission, the Chairman may dispense with the regular meeting by giving notice to all members at least two (2) days prior to the time set for the meeting, provided that the Commission shall meet at least every three (3) months. Section IV-2. Major_ity_ A simple majority of the members of the Commission shall constitute a quorum. When a quorum is in attendance, action may be taken by the Commission upon a vote of a majority of the Commissioners present. Section IV-3. A eg nda• At a regular meeting of the Commission, the following shall be the Order of Business: (a) Roll Call (b) Reading and approval of minutes of previous meeting (c) Committee reports (d) Chairman's report (e) Unfinished business (f) New business (g) Program (h) Adjournment Section IV-4. Resolutions. All resolutions must be in writing and shall be copied in a journal of the proceedings of the Commission. Section IV-5. Procedures.. Robert's Rules of Order, Revised, shall govern the Commission in all cases to which they are applicable and in so far as they are not inconsistent with these By-Laws and the statutes of Virginia and the ordinances of the County of Isle of Wight. There shall be a recorded vote on all motions. ARTICLE V AMENDMENTS Section V-1. Procedure. The By-Laws of the Commission shall be amended only with the approval of. at least two-thirds (2/3) of the members present and voting at a regular meeting, but no such amendment shall be adopted unless it is presented to the Commission in writing at the regular meeting preceding the regular meeting at which it is voted upon. 1 1 1 9 t'. 804K ~.5.::!:~~~:J Section V-2. Approval by Board of Supervisors. These By-Laws and all amendments thereto will not take effect until approved by the Board of Supervisors of Isle of Wight County, Virginia. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND NINE HUNDRED FORTY-THREE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FORFEITED ASSET SHARING PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received funds from the. Commonwealth of Virginia, Forfeited Asset Sharing Program; and, WHEREAS, the funds in the amount of two thousand nine hundred forty-three dollars ($2,943) from the Commonwealth of Virginia, Forfeited Asset Sharing Program, and one thousand nine hundred forty-five dollars ($1,945) from the unappropriated fund balance need to be appropriated to the Sheriff's equipment line item 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 two thousand nine hundred forty-three dollars ($2,943} to be received from the Commomyealth of Virginia, Forfeited Asset Sharing Program and one thousand nine hundred forty-five dollars ($1,945) from the unappropriated fund balance be appropriated to the SherifE's equipment line item in the 199-95 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 the grant and to do all the things necessary to give this resolution effect. The motion ryas unanimously adopted (5-0). Supervisor. Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIXTEEN THOUSAND TWO HUNDRED EIGHTY-EIGHT DOLLARS FOR CARRYOVER GRANT PROGRAM Lti~-iEREAS, the Board of Supervisors of the .County of Isle of Wight, Virginia has received a grant for the Jones Creek public access area program; and, ~ti'H£REAS, the funds in the amount of sixteen thousand two hundred 1U ~ene~ ~5 ~Rn~780 eighty-eight dollars ($16,288) need to be carried over to the Jones Creek public access area program 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 sixteen thousand two hundred eighty-eight dollars ($16,288) be accepted and appropriated to the Jones Creek public access area program 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 these programs and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Attorney Crook stated because the Jones Creek boat ramp and Carrsville Volunteer Fire Department properties are both owned by the County and because portions of these properties will be designated .for SPSA collection sites, the Board needs to authorize these sites to be surveyed so that he can proceed with the title certificates and forward the necessary information to the SPSA attorney. Mr. Crook stated this relates to the financing for the construction of the sites. Supervisor Cofer moved the Board authorize site surveys of the SPSA sites. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWENTY TWO THOUSAND TWO HUNDRED SIXTY-FOUR DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the additional funding for the Department of Social Services 1994-95 budget; and, WHEREAS, the funds in the amount of twenty-two thousand two hundred sixty-four dollars ($22,264) need to be appropriated from the unappropriated fund balance to the Department of Social Services in the 1994-95 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty two thousand two hundred sixty-four dollars ($22,264) from the unappropriated fund balance be appropriated to the Department of Social Services in the 1994-95 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 1 1 1 11 80~K ~5••:a~~~ accounting adjustments in the budget and to do alj the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE NINETEEN THOUSAND FIVE HUNDRED FORTY-TWO DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF FIRE PROGRAMS FOIZ THE COUN7~'S VOLUNTEER FIRE DEPARTMENTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funds from the Virginia Department of Fire Programs Eor the County's Volunteer Fire Departments. WHEREAS, the funds in the amount of nineteen thousand five hundred forty-two dollars ($19,542) to be received from the Virginia Department of Fire Programs need to be appropriated to the Volunteer Fire Department 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 nineteen thousand five hundred forty-two dollars ($19,542) to be received from the Virginia Department of Fire Programs be appropriated to line item 11- 3202E-5604A Carrollton Volunteer Fire Department ($3,908.40); line. item 11- 3202E-5604B Carrsville Volunteer Fire Department ($3,904.40); line item 11- 3202E-5604F Rushmere Volunteer Fire Department ($3,908.40); line item 11- 3202E-5604D Smithfield Volunteer Fire Department ($3,908.40); and line item 11-3202E-5604E Windsor Volunteer Fire Department ($3,908.40) 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 for this grant and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Standish noted $15,800.72 was collected for the month of June by the delinquent tax attorney at a cost to the County of $4,139.63, which represents 26% of the amount collected. // Chairman Spady called for Old Business. County Administrator Standish stated the current FY1994-95 capital budgets contained in the agenda include the general budget in the amount of $1,254,110 and the Fire & Rescue budget in the amount of $193,400. Mr. Standish stated information on the .fund `balance is also included. Mr. Standish continued he would recommend. an adjustment to .the Fire & 12 Rescue budget for a fire truck for the Windsor Volunteer Fire Department. Chairman Spady suggested the Board address the fire and rescue budget at their August 18, 1994 meeting when the Board entertains a public hearing on the tax rate. Supervisor Bradshaw moved the Board authorize $30,000 in the CIP budget for the Carrsville Volunteer Fire Department. The motion was adopted unanimously (5-0). County Administrator Standish stated he would also suggest the Board allocate an additional $5,500 for office equipment, specifically a computer, for the Parks & Recreational Facilities Authority. Upon Supervisor Bradshaw requesting a status report on the Nike Park facility evaluation, Chairman Spady recommended Supervisors Bradshaw and Hager review the matter and return with a recommendation to the Board at their August 18, 1994 meeting. Supervisor Cofer moved the Board reschedule the regular September Board meeting to Tuesday, September 20, 1994 at 6:00 p.m. The motion was adopted unanimously (5-0). /1 At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda to hear public hearings. The motion was adopted unanimously (5-0). // Chairman Spady called for a public hearing on the following:. A. Proposed Issuance of General Obligation Bonds of the County in the Amount of $2,700,000 County Administrator Standish advised the. public hearing has been properly advertised relative to borrowing in the amount of $2.7 million for general obligation school bonds. Mr. Standish stated if the Board approves the resolution included in the agenda the Board should also direct him to work with the County's financial advisor to secure bond anticipation, notes for the construction effort. Upon no one appearing in favor or opposition, Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Cofer 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 21st day of July, 1994, at the time and place established by the Board of Supervisors for its regular meetings in accordance with Section 15.1-536 of the Code of Virginia of 1950, as amended, at which the following members were present and absent: l J~ 1 C1 13 80QK ~5 :R:~ 1 ~•, PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman I-Icnry II. Bradby Phillip A. Bradshaw J. R. Hager 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 Ayes Malcolm T. Cofer, Vice Chairman Ayes Henry H. Bradby Ayes Phillip A. Bradshaw Ayes J. R. Hager Ayes RESOLUTION AUTHORIZING THE ISSUANCE OF SCHOOL BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN THE MAXIMUM AMOUNT OF $2,700,000 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 purpose and issue the County's general obligation 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 in the maximum amount of $2,700,000 general obligation school bonds. 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. 14 eoe~ ~5 -~~t7~34 4. The bonds 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. `l'he 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 minukes of a regular meeting of the Board of Supervisors held the 21st day of July, 1994, and of the whole thereof so far as applicable to the matters referred to in such extract. The motion was adopted unanimously (5-0). B. Lease of Old Smithfield High School Gym Facility to Y.M.C.A. Chairman Spady called for persons to speak in favor of the proposed lease. Val McCraig of Smithfield appeared in favor. Tom Grueser, Branch Director for the Y.M.C.A. stated currently there are 400 members crossing the James River .Bridge to use the facilities in Newport News. Mr. Grueser stated a program for before and. after school children began last year in all four elementary schools in the County. Mr. Grueser continued research has shown that between 1,000 - 2,000 members can be generated with perhaps an additional 1,000 individuals who would use the facility for sporadic programs. Mr. Grueser stated the estimated cost to renovate the gym is between $500,000 and $750,000, all of which would be raised through corporate and private contributions. Mr. Grueser stated the ability to generate these funds would be a key factor in the Y.M.C.A. leasing the gym. Mr. Grueser stated it is the policy of the Y.M.C.A. to provide membership and program services for any youth, adult or family who desires to participate and understands the benefit of the Y.M.C.A. regardless of their ability to pay. Mr. Grueser stated the Y.M.C.A. feels it could collaborate with other agencies in the County to provide programs together and shared space- with the P.D. Camp library facility. Mr. Grueser stated currently the Newport News and Hampton branches hold youth sports, indoor soccer, swimming lessons, gymnastics and school age and preschool child care. Mr. Grueser stated these are some of the programs the Y.M.C.A. would .like to introduce into the County; however, programming would be dictated by members of the community who would serve on a Y.M.C.A. Board and it is these individuals who would determine the pricing structure of these programs. Gina Ippolito, Teresa Gregus and Christine Elnitsky appeared and spoke in favor of the proposed lease to the Y.M.C.A. Chairman Spady called for persons to speak against the proposed lease. 1 1 15 suer 15 ~::~785 David Hardy stated he is not an opponent of the Y.M.C.A., however, he would support the proposed lease if the Board could guarantee the facility would be available for use by all people, rggardless of income. Chairman Spady closed the public hearing and called for comments from the Board. County Attorney Crook stated if the Board approves the issue tonight he will prepare a written lease on the terms previously proposed and advertise for a public hearing for consideration by the Board at their August 18, 1994 meeting. Supervisor Bradshaw requested the County Administrator to provide the Board with a status of his earlier request for alternatives of the gym facility. County Administrator Standish stated the Inspections and Public Works offices submitted their. comments on the current condition of the gym and renovations which need to be done. Mr. Standish stated in its current form, the gym is only usable for storage. Supervisor Bradshaw asked the County Administrator if it was a legitimate conclusion that it would be more feasible for the County to construct a new facility than attempt renovation. County Administrator Standish replied without an architect's estimate he would not want to speculate on renovation costs for the gym because it is a specialized building. Supervisor Cofer moved the Board authorize the County Attorney to draft a lease for atwenty-year period with the Y.M.C.A. for the old Smithfield High School and include a clause that if the Y.M.C.A. has not reached the fund raising level and begun the renovation process within the first twenty-four months the lease will be considered null and void and revert back to the County. The motion was adopted unanimously (5-0). // At .7:40 p.m., Supervisor Cofer moved the Board take afive-minute recess. The motion was adopted unanimously (5-0). Upon returning to open session at 7:48 p.m., Chairman Spady called for a public hearing on the following: C. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County, Virginia to Add Sections 10-14.2.1 and 10-14-2.2 Regarding Proffers for Conditional Zoning Mr. Caskey stated the Board in April referred the Cash Proffer Study to the Planning Commission for further review and study. The Planning Commission held a public hearing at their June 14, 1994 meeting and voted (4-3) to adopt a motion to recommend approval of the Ordinance to the Board for their consideration. Mr. Caskey stated the Planning Commission further recommended that the initial cash proffer schedule be set at 50% of 16 >la^~ ~~J =~!`~t78~ the maximum cash proffer amount which is documented in the Cash Proffer Study and further recommended that the percentage be evaluated on a four- year basis. Paul Tischler, Tischler & Associates, stated proffers. are being implemented in communities because existing residents do not want to pay higher taxes to .provide new services to serve new development. Mr. Tischler further stated .over the last decade there have been increasing federal and state mandates far communities to provide more services of different types without offsetting revenues. In addition, federal and state grants have diminished and there has been an increase in the level of service demanded by the local residents. Mr. Tischler stated a requirement of proffers is that money collected by the County from proffers is to be used for needed capital facilities as a consequence of new development and the County must show a direct proportional benefit for those paying the proffers which includes segregated accounts in a bank. Mr. Tischler noted the distinction between proffers anti impact fees is that proffers apply only to conditional rezonings. Mr. Tischler stated he recommends the Board implement proffers for public schools, recreational facilities, County buildings, rescue squads and fire departments. Mr. Tischler stated if the Board discounts the proffer amounts, the Board is in effect agreeing to subsidize the difference through other funding sources. Chairman Spady called for citizens to speak in favor of or in opposition to the proposed ordinance. David Hardy inquired how proffers, if established, would affect low- income individuals who desire to build a home in the County. Chairman Spady stated if the individuals are not in a development that must be rezoned then proffers do not apply.. County Attorney Crook stated the proposed ordinance provides only far the acceptance of voluntary proffers and a developer may desire to submit or not submit proffers. Mr. Crook stated in the past developers did want to proffer cash payments to make their developments attractive to the County so that they can rezone the property and develop, but the Board cannot continue to accept proffers without amending its ordinance under the applicable statutes as amended. John Shivers asked at what time a developer would. proffer. County Attorney Crook replied at the time the developer is requesting a rezoning -for a residential development. Mr. Shivers asked if a developer does not desire to proffer, can the County impose a proffer on the developer? County Attorney Crook replied "no". This is voluntary on the part of the developer, he stated. However, Mr. Crook stated, if the proposed development is located in a development district the Board may not ha~•e the discretion it had before. Mr. Crook stated in northern Virginia impact fees can be imposed, but Isle of Wight County cannot impose proffers. u 1 1 17 BOOK ~5 :';;f~~~ Branch Lawson, East West Partners, appeared in opposition to the proposed ordinance and urged the Board to delete any charge to new businesses. Mr. Lawson stated a proffer fee on arty new business does not make good business sense for a County wishing to grow. Mr. Lawson stated the impact on affordable housing will be negative and he believes proffers are a regressive, punitive, discriminatory and unfair tax. Mr. Lawson stated proffers will have a negative impact on quality developments, forcing these developments out of the County. Mr. Lawson stated James City County voted to table the issue indefinitely, the City of Chesapeake adopted the cash proffer system in 1992 and, upon adoption, has had five zoning applications in process which were withdrawn with no new cash proffers offered. Mr. Lawson stated Chesterfield County has spent more on administering the cash proffer system than collected and Virginia Beach adopted the cash proffer system in 1991 or 1992 and has collected nothing to date. Mr. Lawson stated there are two conflicts in the County's Comprehensive Plan, C1lapter 7, Page 5, which refers to availability of affordable housing for lower-income residents, and Chapter 9, Page 7, which refers to economic development goals to encourage additional residential development to create a critical population mass in an effective consumer market. Mr. Lawson stated national statistics indicate that 60% of homes purchased nationally are bought by existing residents of the community, rapid growth does not exist in the County and the Board should consider what effect this will have on other parts of the County. Mr. Lawson closed stating that the construction of 100 single family homes generates 176 worker years of employment, $7.57 million in wages, $1.88 million in combined local, state and federal tax revenues, $160,000 in local property taxes in the first year and $1.9 million in local property taxes over twenty years. Dean Vincent of Smithfield appeared in opposition. to the proposed ordinance and -urged the Board to delete any proffers on rezonings of non- residential development stating the market is too competitive at this time and the Board will not be encouraging such development in the County. Wes Stallings of Smithfield appeared in opposition to the proposed ordinance. Mr. Stallings stated a builder reviews -what the market represents and if building cannot occur for what the market represents, why would builders come to the County to build? Gordan Murrell of Smithfield appeared in opposition stating it is difficult to increase the land by the proposed proffer fee schedule per lot and even more difficult to pass this cost on to the proposed buyer. Supervisor Cofer stated it is not his intent to discourage businesses and industries from locating in the County and he would hope that if the Board does adopt the proposed ordinance that any reference to business, industry and commercial cash proffers is deleted. Supervisor Bradshaw stated it is necessary for- the Board to adopt the proposed ordinance in order to accept proffers, however, excessive rates set by the Board will be detrimental to growth. Supervisor Bradshaw. stated the Board has previously discussed controlled growth in subdivisions and if the Board eliminates the idea of bringing in developers who. will develop subdivisions with streets, then spot developments will occur resulting in 18 eoe~ '1~ .~::7h.~ more impacts to the existing transportation network and congestion. County Attorney Crook stated at one time the Board was inundated with requests for conditional zoning for developments and the developers were willing to voluntarily proffer cash amounts. Mr. Crook stated the Board is not adopting a set amount by adopting the proposed ordinance, rather the Board is saying that it is amending its ordinance, which is required by State law, in order to be able to accept cash proffers. Mr. Crook stated the reason for the Cash Proffer Study is only to give the Board an idea of what the cash proffers can be and if he had to go to court what he could defend on behalf of the Board. Chairman Spady asked the County Attorney .if a developer requested rezoning for a development without offering a cash proffer and the Board has adopted the proposed ordinance without setting any specific fees is it legal for the Board. to approve. the rezoning? County Attorney Crook replied "yes". If someone requests a rezoning for low-income housing and there is a community need for this type of housing the Board could approve it without cash proffers. Mr. Crook stated the law states the Board cannot impose voluntary .proffers. At 8:45 p.m., Chairman Spady moved the Board take afive-minute recess. The motion was adopted unanimously (5-0). Upon returning to open session at 8:50 p.m., County Attorney Crook asked the Board to adopt the proposed amendment to the ordinance to accept cash proffers on a voluntary basis at this-time using Tischler's Study as a guide without being tied down to any specific amount, Chairman Spady asked for clarification from the County Attorney requesting him to confirm that reference to businesses would be eliminated. County Attorney Crook stated this would be up to the Board when considering requests for rezonings. Supervisor Hager moved the Board adopt the recommendation of the County Attorney to adopt the following Ordinance amendment: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY, VIRGINIA TO ADD SECTIONS 10-14-2.1 AND 10-14-2.2 REGARDING PROFFERS FOR CONDITIONAL ZONING WHEREAS, the General Assembly. of Virginia by an Act or Acts embodied in Title 15.1 Chapter 11, Article 8, of the Code of Virginia has provided that Zoning Ordinances of Counties may provide for conditional zoning; and, WHEREAS, the Board of Supervisors of Isle of Wight County by Ordinance adopted February 20, 1978 and amended April 15, 1981 adopted conditional zoning in Section 10-14 of said ordinance pursuant to Sections 15.1-491.1. et seq. of the Code of Virginia; anti, WHEREAS, the General Assembly by Acts adopted in 1989, 1990 and 1991 1 1 19 eoo~ ~.5 : ~::~`78~1 embodied in Section 15.1-491.2:1 of the Code of Virginia has provided for the acceptance of proffers as therein defined for Counties meeting certain criteria and other requisites which tl~e County of Isle of Wight does meet; and, WHEREAS, it is deemed by the Board of Supervisors of Isle of Wight County, Virginia to be in the best interests of the citizens of Isle of Wight County to adopt provisions allowing proffers pursuant to Section 15.1- 491.2:1 of the Code of Virginia. NOW, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the Zoning Ordinance of Isle of Wight County, Virginia, be amended by adding thereto the following sections: 10-14-2.1 Such conditions may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing body provided that (i) the rezoning itself gives rise to the need for the conditions; (ii) such conditions have a reasonable relation to the rezoning; and (iii) all such conditions are in conformity with the comprehensive plan. 10-14-2.2 In determining the reasonableness and acceptability of said proffer conditions, the Board of Supervisors of Isle of Wight County, Virginia, will follow the CASH PROFFER STUDY, Isle of Wight County, Virginia, December, 1993 prepared by Tischler & Associates, Inc. as a guide together with the most current Capital Improvements Plan of Isle of Wight County, Virginia. The motion was adopted unanimously (5-0). D. The application of Will R. Kitchen for a change in zoning classification from A-1, Agricultural Limited to Conditional B-1, Conditional Business General, 1.205 acres of land located at 5445 Windsor Boulevard which is between Fire Tower Road (Route 644) and Clayton Lane, in Hardy Magisterial District. The purpose of the application is to allow certain retail operations as proffered. Chairman Spady called for persons to speak in favor of or in opposition to the application. Mr. Caskey stated the applicant has submitted a statement of proffered conditions addressing the specific business uses that he proposes to have on the property as well as proposed hours of operation of the retail business. Mr. Caskey stated the property does contain an existing structure for use as a business and remains nonconforming because the property is zoned A-1 Agricultural and there has been retail activity on the property for some time. Mr. Caskey stated the Planning Commission considered the request at .its meeting in June and there was no opposition presented. The Planning Commission unanimously recommended approval of the rezoning to the Board. 20 80QK ~5 +'':r 1 ~~1.~ Will R. Kitchen of Ivor presented the Board with a drawing illustrating the proposed use of the property and requested the Board's favorable consideration of the application. Chairman Spady moved the Board approve the application of Will R. Kitchen. The motion was adopted unanimously (5-0). Mr. Caskey stated the Board deferred action on the following application until after the public hearing was held: B. Application of Will R. Kitchen for a Conditional Use Permit to locate no more than three (3) face signs on a proposed canopy, no closer than five (5) feet from the street right-of-way and to locate one (1) detached sign, no closer than ten (10) feet from the street right-of-way at 5445 Windsor Boulevard (Route 460) in Hardy Magisterial District. Mr. Caskey stated there was no opposition presented at the Planning Commission meeting and the Planning Commission unanimously voted to recommend approval of the application to the Board subject to there being no more than three face signs located on the canopy structure. Supervisor Bradshaw moved the Board approve the application. The motion was adopted. unanimously (5-0). // Chairman Spady called for New Business. Supervisor Bradshaw requested the status of the recycling plan. County Administrator Standish stated he would anticipate a report to the Board at their September meeting. Supervisor Bradshaw inquired about the status of updating the E-911 response manual. Mr. Caskey stated the manual was updated approximately two months ago and distributed to manual holders. Supervisor Bradshaw inquired about the status of evaluating the Authorities. County Attorney Crook stated the County Administrator and he were not ready at this time to report to the Board. David Olsen, Hardy District, representing the Rushmere Shores Community Club, requested the, Board to waive the $25p Wetlands application fee stating they would like to have someone sink the poles and construct a 30-foot holding pier at the Rushmere Shores boat ramp. Mr. Olsen noted the Club's annual budget is approximately $250 - $300 per year. Supervisor Bradby moved the Board waive the $250 Wetlands application fee. The motion was adopted unanimously (5-0). 1 1 21 804r ~5 +t;c'~~~~ Henry Bell inquired about the status of Route 681. County Attorney Crook advised the names of heirs have been. given and his legal assistant is in the process of obtaining the addresses of the heirs who live out of State. Dr. Jim Hager was welcomed by the Board as the new member representing the Windsor Election District. Chairman Spady moved the Board appoint Steve W. Edwards as a parent representative on the Isle of Wight County Youth Network Consortium. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board direct the County Administrator to prepare a resolution commending Steve W. Edwards for his years of service on t11e Board and that a plaque be presented to Mr. Edwards at the August 18, 1994 meeting. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested elaboration on the County's current plans for refuse collection in the County. Chairman Spady stated the County is currently attempting to go into a more centralized collection system and the completion date may. be further off than originally expected so the County should try to keep its equipment in working order until conversion to the new system. Supervisor Bradshaw stated he and the County Administrator are planning to meet with a representative from the Tidewater News to publicize the new collection site in Carrsville. The Public Works Department staff stood and was recognized by the Board. Chairman Spady asked the Public Works Director to provide the Board with a report on the refuse equipment. Ludford T. Creef, III, Public Works Director, stated currently there are five trucks being utilized by staff which are in the continual process of being repaired. Mr. Creef stated the newest truck is a 1990 GMC with 75,000 miles and the County also has two 1979 models with approximately 500,000 miles on each. Supervisor Bradshaw requested the County Administrator's staff to prepare a cost evaluation on the operation of the Public Works trucks. Supervisor Cofer stated the Board has approved the concept of roll-off dumpster sites and the purchase of a new truck at this time may not be justified. Supervisor Cofer stated when the County proceeds with roll-off compactors at the school sites this will eliminate some work on the part of the Public Works staff. Upon Supervisor Cofer's question to~the Public Works Director if the County is providing some businesses with free dumpster service, Mr. Creef 22 eu~r 15 ~r,:~7~~? replied "yes" for some businesses. Supervisor Cofer moved the Board direct the Public Works Director to prepare a list of businesses that are currently provided free durnpster service and that these businesses be advised they will have 60 days before the dumpsters will be removed. The motion was adopted unanimously (5- 0). County Attorney Crook stated the Sports Authority of Hampton Roads was created specifically for the racetrack and the Articles of Incorporation which were approved by all the member jurisdictions provide that they will be authorized to acquire land and operate a facility. Mr. Crook stated the Articles of Incorporation need to be amended so that they are not limited to one facility and he has a resolution that he requests permission from the Board to publish for public hearing at the Board's August 18, 1994 meeting. Supervisor Cofer moved the Board authorize a public hearing be advertised for the August 18, 1994 meeting to consider the resolution. The motion was adopted unanimously (5-0). // Chairman Spady called for Appointments. Supervisor Bradshaw moved the Board appoint Lee W. Smith, Sr. replacing Dr. Jim Hager, to the Paul D. Camp Community College Board for afour-year term. The motion was adopted unanimously (5-0). Chairman Spady moved the Board reappoint Grace Keen to the Commission on Aging representing the Newport District for athree-year term. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Elaine Butler, replacing James E. Joyner, on the Board of Building Appeals representing the Carrsville Election District for afive-year term. The motion was adopted unanimously (5-Q). Chairman Spady moved the Board appoint Dr. J. R. Hager, replacing Steve W. Edwards, to the Public Service Authority for afour-year term. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Linda Bean to the Southeastern Virginia Job Training Agency (Private Industry Council) for an additional two-year term. The motion was adopted unanimously (5-0). Chairman Spady moved the Board reappoint W. B. Owen to the Social Services Board representing the Newport District for an additional four-year term. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint George Kindred, replacing Alan Nogiec, to the Youth Services Advisory Board in an ex- officio capacity for a three-year term... 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