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02-16-1995 Regular Meetinge~oK ~.~ Prcf 18$ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED NINETY FIVE PRESENT: Malcolm T. Cofer, Chairman Phillip A. Bradshaw, Vice Chairman O. A. Spady Henry H. Bradby Lud Lorenzo Spivey Also. Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Cofer called the meeting to order at 6:05 p.m. The invocation was delivered by Supervisor Spady. // Chairman Cofer called for Transportation Matters. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated the 1995 Preallocation Hearing will be held on April 3, 1995 at the Tidewater Community College in Suffolk at the Portsmouth Campus. Regarding miscellaneous transportation matters, Mr. Neblett stated the Suffolk Traffic Engineering Section is reviewing the following: (1) the school traffic zone improvements for Route 258 at the Windsor Elementary School; (2) a speed limit study is presently being conducted for Winston Drive (Route 639) between Windsor Boulevard and Cut Thru Road (Route 638); (3) the. dedicated left-turn signal for the intersection of Windsor Boulevard (Route 460), Bank Street, and North Court Street in the Town of Windsor;. (4) a speed limit study is in the process of being conducted for Five Forks Road .(Route 606) between Courthouse Highway (Route 258) and Blue Ridge Trail (Route 600). Mr. Neblett advised upon hearing from the Traffic Engineer, he will advise the County of VDOT's recommendations on these matters. Mr. Neblett stated VDOT will also review the signage at the intersection of Fire Tower Road (Route 644) and Windsor Boulevard (Route 460) to determine the appropriate course of action. Mr. Neblett stated the District Traffic Engineering section is reviewing the traffic signalization in the east and westbound lanes of Route 460 at the .intersection of North Court and Bank Streets in the Town of Windsor and will advise of its recommendations. Mr. Neblett also stated one of VDOT's contractors inadvertently cut the median shrubbery and other plantings at the intersection of Benns 1 i~ 1 1 ~ntax ~~ ~~c~ ~~ Church Boulevard (Route 10/32) and Brewer's Neck Boulevard (Route 258/32) and VDOT will discuss the matter further with the contractor. Mr. Neblett stated VDOT's tree trimming contractor cut the tree limbs last Fall on Buckhorn Drive (Route 610) near the cotton gin.. There is a thirty (30) foot right-of--way on this. road and the trees themselves are located on private property, advised Mr. Neblett. Vice Chairman Bradshaw asked Mr. Neblett if VDOT has contacted the Alphins. Mr. Neblett advised yes, but noted VDOT must also speak with the property owners on the other side of the road. Vice Chairman Bradshaw requested Mr. Neblett to contact him and stated between himself and Supervisor Spivey the property owners can be spoken with because the limbs are causing the farmers sight ,problems. Mr. Neblett also stated the section of Smith's Neck Road (Route 665) between Titus Creek Drive (Route 668) and Rescue Road (Route 704) is currently in the Six-Year Plan with an estimated advertising date for the project set for August of 1996. Supervisor Spady noted to Mr. Neblett that the project should be speeded up as much as possible due to .the fact the metal culverts are sinking. Chairman Cofer called for citizens to speak in reference to transportation matters. Upon no one appearing, Chairman Cofer called for comments from the Board. Supervisor Spady requested Mr. Neblett to meet with him the following .week regarding the replacement of the median shrubbery and plantings which were. destroyed by VDOT's contractor. Mr. Neblett advised he would get in touch with the contractor. Vice Chairman Bradshaw stated the County Administrator, the Director of Economic Development and he had met with the owners and the realtor handling the Airway Shopping Center concerning a drainage problem. County Administrator Caskey noted he spoke with Mr. Neblett regarding the matter and asked Mr. Neblett to contact him again so that they can determine what actions need to be taken. Mr. Neblett stated VDOT's Maintenance Manager and Superintendent have reviewed the area and VDOT will clean out the culvert located underneath the road and the ditches within VDOT's right-of-way, however, the ditch that comes to VDOT's ditch system from the Airway Shopping 2 B~~~x 16 P~~E 190 Center property is specifically to drain the area of the shopping center and is the private owners of the shopping center's responsibility to clean out those portions of the ditches on private. property..: Vice Chairman Bradshaw stated there is a speed limit and drug free school sign located on Colosse Road. where it connects to Carrsville Highway that is lying in the ditch and now covered with grass. Vice Chairman Bradshaw also stated he had a citizen call him regarding a broken culvert near the Church of God and asked Mr. Neblett to look into the matter. Vice Chairman Bradshaw stated when the ditches were excavated they were dug below the culvert causing the water to sit in the ditch rather than drain. Supervisor Bradby requested the sign on Bradby's Lane be replaced. County Administrator. Caskey informed Supervisor Bradby he will look into the matter as replacement of street signage is the responsibility of the County. Supervisor Bradby inquired about the status of Route 681. County Attorney Crook advised he has the names, but does not have the addresses for the two remaining heirs and if Supervisor Bradby would provide him with these he will proceed with the matter. Supervisor Bradby confirmed he would provide the addresses to the County Attorney for his handling. Supervisor Spady stated there have been numerous accidents coming off the bypass going .towards the new shopping center in the Town of Smithfield and requested VDOT to perform another study and advise of its recommendations concerning reduced speed. Andy Sustare asked Mr. Neblett if the right-of-way for Laurelwood Drive has been turned over to the State. Mr. Neblett confirmed that Laurelwood Drive has been taken into the State's Secondary Road System. Mr. Sustare asked Mr. Neblett if Orchard and Peach Tree Lanes could also be turned over to the State. Mr. Neblett replied the same process as was involved with Laurelwood Drive must be undertaken to include these lanes, specifically it must be determined what year these roads came into existence and if they served a minimum of three (3) occupied homes prior to July 1, .1983. Mr. Sustare requested that the sign on Laurelwood Drive be replaced. Mr. Neblett noted this is a State maintained sign and he will check into the matter. 1 1 3 ' Bf10K 16 PAGE~~91 Supervisor Spady requested Mr. Neblett to scrape 1_,aurelwood Drive, weather permitting. Mr. Neblett stated maintenance and improvements to Laurelwood Drive can be initiated. 1 Supervisor Bradby asked the County Attorney to provide a status re ort on Shore Drive in Rushmere Shores. P County Attorney Crook stated his office has begun acquiring the necessary information. County Administrator Caskey stated contained in the agenda is a proposed resolution for consideration by the Board at their March 16, 1995 meeting that identifies the. priorities that will be relayed to the Commonwealth Transportation .Board at the upcoming Preallocation Hearing for inclusion in the Six-Year Plan. Mr. Caskey noted an amendment to #6 on the second line should reflect the intersection with Route 610 and Route 603 out to the eastern edge of the- corporate limits of the Town of Windsor. Supervisor Spady requested that Item #3, realignment and four-lane of Route 258 between Route 10 -Smithfield Bypass and Route 460, be listed as Item L Supervisor Spady further requested Mr. Neblett to provide him with a traffic count on Route 3. .Supervisor Bradby noted his concern with the widening of Route 258 between Route 10 and Route 460 because it may cause some homes to be relocated. Supervisor Spady stated he shared Supervisor Bradby's concern, however, the sooner the County widens Route 258, the less. the number. of homes that will be affected. 7 Supervisor Spady moved the Board approve the fallowing resolution: RESOLUTION WHEREAS, the streets described on Additions Form SR-5(A), specifically Ashby Way, Ashby Way West, South Brading Court, a portion of Sundown Drive and Yarmouth Court are shown on plats recorded in the Clerk's Office of the Circuit Court of Isle of Wight County; and, WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State's Secondary Road System. . 4 BOOK ~6 PAGE ~9Z NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on Additions Form SR-5(A) to the Secondary system of state highways, pursuant to 33.1- 229, Code of Virginia, and the Department's. Subdivision Street ~e uirements. BE IT FURTHER RESOLVED that this Board guarantees a clear and unrestricted right-of-way, as described, and any. necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The motion was adopted unanimously (5-0). // Chairman Cofer called for Citizens Comments. Tamara Munford, appearing on behalf of the Isle of Wight Humane Society, stated since the passage of the cat licensing ordinance, the Isle of Wight Dog .Pound has found that it does not have the proper space to enforce this law. Ms. Munford requested the Board to keep the proposal to enlarge the pound in the 1995-96 fiscal year. Chairman Cofer noted the Board will consider this request during the budget process. Marvin Pulley of Windsor stated the Isle of Wight Defense League ^ was initially requested to meet with the Board's committee to discuss pollution concerns regarding intensive hog farming. Mr. Pulley stated the League was instructed after the meeting to put in writing their concerns and present them to the full Board before the January meeting. Mr. Pulley stated that was accomplished and no action has since been taken by the Board. Mr. Pulley continued the League would like to be advised what is being done about their request. Mr. Pulley stated Southampton County, one of the largest agricultural counties in the State, is initiating laws to protect their citizens and Southampton County's Farm Bureau is concerned with the impact more intensive hog farms will have on small producers and the continuing spreading of highly concentrated waste from these hog houses. Mr. Pulley stated the waste will be high in nitrogen, phosphorus and pot-ash and urged the Board to remember that phosphorus was what was once removed. from laundry detergents because it would not break down in the sewage treatment plants and in turn killed the seafood when dumped into the rivers. Mr. Pulley stated the citizens of the County are concerned about what impact the highly concentrated waste being spread on the land will be, as well as the associated pollution. Mr. Pulley presented a petition signed by County residents requesting that the Board defend the County against pollution. Supervisor Bradby stated he was on the Board's committee which met 5 f 1 BnoK 16Pa~193 with the Isle of Wight Defense League to discuss their concerns... Supervisor Bradby .stated he agreed with Mr. Pulley in that the- County needed to review their requests and concerns and do whatever is necessary to deal with the matter. Supervisor Bradby stated the Board will have a report on the matter for the League at their March 16,1995 meeting in reference to the concerns presented. Chairman Cofer stated the ordinances passed by Southampton County are less restrictive .that the ordinance passed by the County which contained a 1,000 foot setback. County Attorney Crook pointed out that Chairman Cofer was referring to only one restriction in the Southampton County ordinance. Supervisor Spivey stated he did have comments to make regarding Mr. Pulley's request, however, he wanted to bring these comments up under New Business. 1 // Chairman Cofer called for the Community Development report. Mr. Caskey presented the following for the Board's :information: A. Application of the James P. Delk Estate c/o of Sarah D. Dunkum for a Conditional Use Permit to locate a mobile home to be occupied by grandson, Roy Dunkum, III on approximately thirty-two (32) acres of land located off of Track Lane, in Hardy Magisterial District. Mr. Caskey stated the Planning Commission considered this application and unanimously voted to recommend approval to the Board. for a period of thirty-six months with the condition that the mobile home be removed after the log home is completed. Roy Dunkum asked for clarification on when the thirty-six (36) month period is to begin because he is having difficulty getting electricity to the site because it is landlocked. County Attorney Crook replied it would be thirty-six (36) months from the date of the Board's action. LJ Supervisor Bradby moved the Board approve the application of James P. Delk c/o of Sarah D. Dunkum .for thirty-six (36) months with the condition that the mobile home be removed after the permanent residence is completed. The motion was adopted unanimously (5-0). B. Final subdivision plat of Quail Meadows, Cedar Grove Road (Route 661), in the Newport Magisterial District. Mr. Caskey stated the final subdivision plat consists of thirty-six (36) BnOX ~ 1fi PAGE 194 lots served by two cul-de-sac streets and one (1) loop road. Mr. Caskey stated there have been some modifications to the original design of the subdivision in that there is one (1) additional lot, the subdivision streets have been redesigned, and there is one (1) additional entrance onto Cedar Grove Road. Mr. Caskey stated the developer is proposing that the Board approve the final plat and permit its recordation subject to a note being added to the plat setting forth that no lots may be conveyed until such time as a water supply system serving the Quail Meadows. Subdivision is approved by the Board and that no performance surety will be posted for the construction of the subdivision streets and related drainage, community water system and erosion sediment control systems until such time as the water supply serving the subdivision is approved by .the Board. Mr. Caskey stated the Planning Commission voted unanimously to recommend approval of the plat to the Board with the previous stipulations being added to the plat and that the applicant dedicate an easement twenty (20) feet wide between the two cul-de-sac streets to ensure that emergency vehicles have a clear and uninterrupted access between those two dead end streets. County Attorney Crook stated the preliminary plat was previously approved by the Board on December 16, 1993, but the final plat was not presented in the proper time frame which included the continuous street which is in compliance with the Subdivision Ordinance. Mr. Crook explained when Mr. Owen sought to have the final plat approved VDOT had changed their regulations and would not approve the continuous street because of the curve which is too sharp. Mr. Crook stated VDOT would, however, approve cul-de-sacs and dead end streets. and the Planning Commission was disturbed about this and sent it back to VDOT. Mr. Crook stated this would require an exception to the County's Subdivision Ordinance because the cul-de-sac streets are too long, but with the easement running between the two streets for emergency vehicles, the Planning Commission's concerns were satisfied, stated Mr. Crook. Supervisor Spady moved the Board approve the plat subject to a note being added which sets forth that no lots may be conveyed until such time as a water supply system serving the Quail Meadows Subdivision is approved by the Board, that no performance surety will be posted for the construction of the subdivision streets and related drainage, community water system and erosion sediment control systems until such time as the water supply serving fhe subdivision is approved by the Board, and that the applicant dedicate an easement twenty feet (20) feet wide between the two cul-de-sac streets to ensure that emergency vehicles have a clear and uninterrupted access between those two dead end streets. The motion was adopted unanimously (5-0). C. Subdivision plat of Lot 16, Advance Auto Parts at Waterford, being a subdivision of property of H. W. Roberson Co., Inc., Berms Church Boulevard (Route 10/258) and Canteberry Lane (Route 1018),. Newport Magisterial District. Mr. Caskey stated the Board at their January meeting approved. a request to eliminate a portion of the no ingressf egress easement from the 1 1 7 B~oK 16 FADE 19 recorded subdivision plat in order to permit one (1) vehicular access point onto Route 10 approximately two hundred thirty-one (231) feet south of Canteberry Lane subject to .compliance with all ,requirements of the Subdivision Ordinance. Mr. Caskey stated the developer has provided an agreement executed by all necessary parties in the Waterford development agreeing to the partial elimination of the no ingress/egress easement -along Berms Church Boulevard. Mr. Caskey stated the Planning Commission considered this at their February 14, 1995 meeting and noted a concern of whether or not the Town of Smithfield had been given an opportunity to . comment on the subdivision plat. Mr. Caskey stated the Planning Commission voted unanimously to recommend approval of the plat to the Board. Supervisor Spady questioned if the County had heard back from the Town of Smithfield. Mr. Caskey stated R. Bryan David, Director of Planning and Zoning, did indicate that the Town had no comment on the subdivision plat. County Attorney Crook stated a resolution. to vacate the subdivision plat is .required and, as a result, he has prepared same for the Board's consideration which needs to be approved by the Board and recorded in order to effect the vacation of that language from the. first plat. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO VACATE SUBDIVISION PLAT WHEREAS, a plat of subdivision of property of H. W. ROBERSON COMPANY, INCORPORATED, entitled "WATERFORD BEING A SUBDIVISION OF PROPERTY OF H. W. ROBERSON COMPANY, INCORPORATED NEWPORT MAGISTERIAL DISTRICT ISLE OF WIGHT „ , COUNTY, VIRGINIA DATE: 4/24/90 SCALE: 1 = 100 LANGLEY AND MCDONALD, P.C. ENGINEERS-PLANNERS-SURVEYORS VIRGINIA BEACH AND WILLIAMSBURG, VIRGINIA" was recorded in Plat Cabinet 1, Slide 390, Pages 9 and 10 in the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia; and, WHEREAS, said plat has a notation thereon concerning Lots Nos. 15 and 16 as follows, "no ingress/egress permitted along Route 10"; and, WHEREAS, all of the owners of the. lots in said subdivision by written agreement dated January 6, 1995, have requested in writing that said notation for Lots Nos. 15 and 16 as shown on said plat be vacated pursuant: to Section 15.1-482 of the Code of Virginia of 1950, as amended; and, WHEREAS, the County of Isle of Wight has' not and does not intend to enforce said notation to restrict ingress and/or egress of Lots Nos. 15 and 16 to and from Route 10. NOW, THEREFORE, be it resolved by the Board of Supervisors of Isle of Wight County, Virginia, as the governing body of Isle of Wight County, that 8 BOOK 1U PAGE 1~U said Board consents to the vacation. of the notation "no ingressf egress permitted along Route 10" for Lots 15 and 16 on that certain plat entitled "WATERFORD BEING A SUBDIVISION OF PROPERTY OF H. W. ROBERSON COMPANY, INCORPORATED NEWPORT MAGISTERIAL DISTRICT ISLE OF WIGHT COUNTY, VIRGINIA DATE: 4/24/90 SCALE: 1" = 100' LANGLEY AND MCDONALD, P.C. ENGINEERS-PLANNEItS- SURVEYORS VIRGINIA BEACH AND WILLIAMSBURG, VIRGINIA",said vacation and consent therefore being pursuant to Section 15.1-482 of the .Code of Virginia, 1950, as amended. And the Clerk of this Board is directed to forward an attested copy of this resolution to the Clerk of the Circuit Court of Isle of Wight County, Virginia, for recordation in said Clerk's office. The motion was. adopted unanimously (5-0). Supervisor Spivey moved the Board approve the revised plat. The motion was adopted unanimously (5-0). D. Subdivision plat of property of Richard B. Edwards, Jr., and Carrie Edwards for resubdivision of Lot No. 8 of Ennisdale Farms, Fort Huger Drive (Route 676) and Lawnes Drive (Route 628), in Hardy Magisterial District. Mr. Caskey noted the above matter was tabled by the Planning Commission and will therefore be brought to the Board's March 16, 1995 meeting for their consideration. E. Request of Tim Baer t/a Baer Equipment for a partial exemption from a requirement of the Isle of Wight County Highway Corridor Overlay District with regard to the proposed fitness equipment operation located at 15220 Carrollton Boulevard (Route 17) in Newport Magisterial District. Mr, Casket' stated the agenda contains a revised site plan delineating the proposed improvements to the property as represented by Mr. Baer. Mr. Caskey stated the Planning Commission considered the matter previously and had concluded that it may be appropriate that some of the exemptions could be addressed by a redesign of the property which Mr. Baer performed. Mr. Casket' stated one remaining request is for the partial exemption from Section 8C-8 of the Highway Corridor Overlay District which requires a minimum of a ten (10) foot setback between all parking areas and the side boundary line. of the property. Mr. Casket' stated the Planning Commission voted to recommend approval of the request to the Board. Supervisor Spady moved the Board approve the request of Tim Baer for the partial. exemption from Section 8C-8 (Yard and Height Requirements) of .the Highway Corridor Overlay District. The motion was adopted unanimously (5-0). Mr. Caskey stated William E. Laine, Jr., Clerk of the Circuit Court, is 9 1 1 ~,. ,.. ~ 1 BnUK ~6PAGEIJ 1 requesting construction of an addition onto the existing Clerk of .Court's structure to increase the work space for the .Clerk's office by 190 square feet. Mr. Caskey further stated because the structure is located in the historic district the County's Zoning Ordinance requires the Historic. Architectural Review Committee to give consideration to any changes in the appearance of existing structures or any new construction that may occur. Mr. Caskey. continued the Historic Architectural Review Committee had met on this matter and voted unanimously to recommend approval of the proposed design to the Board for construction of the addition. and finds it to be in conformance with the expectations of the Courthouse Historic District. Supervisor Spady moved the Board approve the request to construct an addition to the Clerk of the Circuit Court structure, as designed by Frank A. Spady, Jr. The motion was adopted unanimously (5-0). Supervisor Bradby questioned the project cost. William E. Laine, Jr., stated the exact amount is not known at this point, but $25,000 has been authorized. for this effort. Supervisor Spady stated he believed Mr. Laine informed the Board last year that if this request was approved it would satisfy his office needs for the next eight (8) tv ten (10) years. 1 Mr. Laine stated it would create adequate office space for the next couple of years. // Chairman Cofer called for the County Attorney's report. County Attorney Crook stated the ordinance for the E-911 provided that the fee charged to the consumer by the County for this service was, by statute, to pay the initial capital installation and maintenance costs.. Mr. Crook stated the statute has now been amended to allow recurring repair, system upgrade cost and salaries of dispatchers which are paid by the locality and directly attributable to the E-911 program. Mr. Crook further stated as a result of the change in the statute, he has prepared an ordinance to amend the existing ordinance and he needs authority from the Board to publish that for public hearing at the Board's March 16, 1995 meeting. Vice .Chairman Bradshaw moved the Board authorize the County Attorney to publicize the ordinance amendment for public hearing at the Board's March 16, 1995 meeting. The motion was adopted unanimously (5- 0). County Attorney Crook stated the County Administrator received and forwarded to him offers to codify the County ordinances which are presently under contract for codification with Book Publishing Company.. Mr. Crook stated the current contract provides for a minimum number of 100 copies although the County only needs approximately 35. Mr. Crook stated he has attempted to-have the minimum amount reduced, however, 10 BOOK ~.6PAGE~JB Book Publishing Company has maintained that l00 is their minimum. Iv1r. Crook stated at least one of the code codifiers is offering to prepare the supplements or recodify a minimum of 50 copies and he has notified Book Publishing Company that the County only wants 50 supplements in the future. If they advise that 100 copies istohone of the otherrcodifiersl recommend that the Board consider going stated Mr. Crook. County Attorney Crook stated he had three property and one litigation matters for executive session later in the meeting. // Chairman Cofer. called for the County Administrator's report. County Administrator Caskey stated the County's .self-funded health insurance plan completes its third full year of activity on February 28, 1995 and County staff has been working with H. L. Duke & Company, the County's .third-party administrators, to secure proposals from potential reinsurers. M. Christine Ledford, Director of Budget & Finance, stated Mr. Sandy Bremner from H, L. Duke & Company is present to provide the Board with a report on the premiums for :the reinsurers for this year. Sandy Bremner stated the County's current carrier is offering a rate increase for the fiscal year and Pan American Life Insurance Company has quoted fixed. cost rates for 20% less than the County is currently paying. Mr. Bremner stated the County's maximum liability cap for fixed cost and claims is 4% less than what the County is currently paying. Mr. Bremner stated H. L. Duke & Company is therefore recommending that the Board authorize the County .Administrator to contract with Pan American Life Insurance Company for FY1995-96. Chairman Cofer noted this will be the fourth year with no rate increase for health insurance for County employees. Vice Chairman Bradshaw moved the Board direct the County Administrator and the County Attorney to secure. a contract with Pan. American. Life Insurance Company. The .motion passed, (4-0) with Chairman Cofer abstaining from voting on the matter. County Administrator Caskey stated the County has been self insured for health insurance benefits since Nlarch 1, 1992 and has enjoyed a healthy cash reserve from which to pay its claims. Mr. Caskey stated in the past eleven months the County has experienced an increase in the dollar amount of claims, thereby causing a minor decrease in the cash reserve balance and resulting in the need for a premium adjustment. Mr. Caskey continued since the impact of this premium adjustment is minor, it is recommended the employer contribution be .increased from $150 to $155 per employee. Vice Chairman Bradshaw moved the Board authorize an increase in 1 C~ i 11 i B~~~x 1fi P~~E 199 the employer monthly insurance premium from $150 to $155 per employee. The motion was adopted unanimously (5-0). County Administrator. Caskey stated the Board at their January 21, 1993 meeting adopted a resolution authorizing participation in the National Association of Counties (NACO) Deferred Compensation Program which is similar to the International City and County Manager Association (ICMA) Deferred Compensation Program now available to employees. Mr. Caskey stated the intent of the (NACO) Deferred Compensation Program is to provide an alternative to employees should they choose to participate in different programs.. Mr. Caskey continued a deferred compensation plan under the IRS code sections allows public employees to contribute a portion of their salary as pre-taxed dollars and any .employee is eligible to participate to a maximum of 25% of their salary up to a maximum of $7,500 per year, or whichever is less. Mr. Caskey stated the documents have been received by the County from the Public Employees Benefits Services Cooperation (PEBSCO) for approval and execution, and staff is requesting authorization for the County Attorney to .proceed with execution as appropriate. County Attorney Crook stated he has reviewed the documents and recommends them in form. Mr. Crook stated that although the Board adopted a resolution for the program a year ago, there does not appear to be anyone who is electing to participate. Supervisor Spivey moved the Board authorize the County Attorney to review the agreements and documents presented by PEBSCO and to proceed with their execution as appropriate. The motion was adopted unanimously (5-0). // At 7:05 p.m., Vice Chairman Bradshaw moved, and the motion was adopted unanimously (5-0), that the Board amend the order of the agenda to hear the following public hearings: 1 A. Application of Judy H. Whitley and Henry J. Whitley, Jr., owner and lessor, and the Board of Supervisors of Isle of Wight County, lessee, for a Special Use Permit to operate a solid waste collection/convenience center on approximately 2.0 acres. of land located on the north side of Sunset Drive (Route 609) between Walters Highway (Route 258) and Buckhorn Drive (Route 610) in Windsor Magisterial District. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Cofer closed- the public hearing. County Administrator Caskey stated the Planning Commission at their meeting in January. of 1995 voted unanimously to recommend approval to the Board. 12 ..Knox , 16 PacE 2~~ County Attorney Crook nolnalized and lthe Board maytwish tot le Whitleys and the County is not f the matter until it is finalized. - Vice Chairman Bradshaw moved the Board table consideration of the matter until the March 16, 1995 meeting. The motion was adopted unanimously (5-0). B. Application of Hannah G. Holland for a change in zoning classification from Agricultural Limited (A-1) to Conditional Industrial Limited (C-M-1) approximately; hwa) aRoute 258) located on the north side of Walters H g y between Knoxville Road (Route 609) and Curve Drive (Route 689) in Windsor Magisterial District. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Cofer closed the public hearing and called for comments .from the. Board. Supervisor Spivey moved the Board approve the .application of Hannah G. Holland. The motion was adopted unanimously (5-0). County Attorney Crook stated action to grant the withdrawal of this acre from the Knoxville Agricultural District is also required by the Board. Supervisor Spivey further moved the Board grant the request for withdrawal of the acre from the Knoxville Agricultural District. The motion was adopted unanimously (5-0). // Vice Chairman Bradshaw moved the Board continue with the County Administrator's report.. The motion was adopted unanimously (5-0). County Administrator Caskey stated the .Board at their December meeting authorized him to advise the Electoral Board that it may utilize office space located to the rear of the Registrar's office for use as a meeting area. Mr. Caskey further stated contained in the agenda is a request from the Electoral Board for funds in the amount of $5,500 for renovations to that area and. to the Registrar's office. Mr. Caskey continued the amount being requested is not budgeted expenditures in either the Electoral Board's budget or the Public Works Buildings and Grounds budget for the current fiscal year. Edward Blount, Secretary of the Electoral Board, stated Frank Hall is not yet present although he did solicit estimates for the work to be :performed.. Supervisor Spady stated he was under the impression that the area would be renovated in-house and suggested that if the Public Works 13 1 1 i B(10K 16 F~GE ~ O t Director and County Administrator could visit the area they could lower the .proposed cost being requested. . Ludford T. Creef, III, Public Works Director, stated he understood the renovations initially consisted of cutting a door and moving a hot water heater, but upon speaking with the Registrar the following day he was i that car et aint and refinishing of some advised it was her understand ng p , p conference tables would be included. Supervisor Bradby stated he believed the Electoral. Board has attempted to cut costs where practical, such as used chairs rather than new. Supervisor Bradby stated citizens should be provided an appropriate place to register in the County. Supervisor Spady stated he did not mind building a conference room that will. be used more than just three or four times a year. Supervisor Spivey stated he spoke with the Registrar on Wednesday because. he had questions .about two or three of the items being requested, specifically chairs. Supervisor Spivey stated the Registrar ..shared information she had with him and he is satisfied that there was some research done on bids. Supervisor Spivey stated with no number for chairs specified, the first thing that came to his .mind is that we have three members on the Electoral Board at $900 per chair. Supervisor Spivey stated the Registrar explained to him that nine chairs, two of them were there and from the two catalogs, .the price being requested seems very reasonable considering what new chairs cost. Supervisor Spivey stated he is in favor of using the room for other purposes, however, he is satisfied that these are not just singular prices and that some shopping was done. Vice Chairman Bradshaw stated he would like to clarify who can, and who can not, use the room if the Board approves the funds to make the room into a conference room. Supervisor Spivey stated it was explained to him that there is the intention of relocating the Registrar, building a counter, and making it more private for voting in the office so if a candidate or other .citizens walk in, they are not walking into the presence of the Registrar having to make a phone call or people sitting there voting. Supervisor Spivey further stated the space is very limited. Vice Chairman Bradshaw stated there are other County employees working in adverse conditions worse than in the Registrar's office. Vice Chairman Bradshaw further stated the Board previously tried to work with the Commissioner of Revenue to resolve his office space needs, but for some reason the Board and the Commissioner of the Revenue could not reach an agreement. Vice Chairman Bradshaw continued he sympathizes with the Electoral Board and their situation, but when the Board starts talking about appearances, the Board should look at the employees already located here. Vice Chairman Bradshaw stated he would never want people to know that the Board has a situation where the County has individuals working in that type of atmosphere. Vice Chairman Bradshaw stated the BOOK .~6PAGE~O? Board has not. yet resolved the Commissioner of the Revenue's office needs and to him this is more important than to follow up with the Electoral Board. Vice Chairman Bradshaw stated he still has concerns with this and the Board has moved onto something else and eliminated the space the Board was considering. Mr. Blount stated the Electoral Board initially requested a smaller place which the Department of Social Services had available, however, Social Services changed their minds and decided to keep the food closet. Supervisor Bradby asked Mr. Creef if the County had sufficient manpower to perform any necessary work in-house. Mr. Creef confirmed that his staff could perform the maintenance and repair work although he did not believe his staff had the expertise to build the type of counter the Registrar is requesting. Frank Hall, Chairman, Electoral Board, presented a sketch of the site depicting the layout as desired by the Electoral Board. Mr. Hall stated in its present capacity the facility does not offer a good first impression for ci#izens conducting .business with the Registrar. Mr. Hall stated the requested funds will not be used entirely to fix the back room, but to renovate the Registrar's office as well. Mr. Hall stated the Registrar's office will contain a waiting area, an office in the back for the Registrar to hold private conferences and a counter in the front. Mr. Hall stated the Registrar has sought several bids to furnish and renovate the back office and should there be any remaining funds they will be returned to the County. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FIVE THOUSAND FIVE HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE RENOVATION OF OFFICE SPACE FOR THE REGISTRAR'S OFFICE AND THE ELECTORAL BOARD WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the renovation of office space for the Registrar's office and the Electoral Board; and, WHEREAS, the funds in the amount of five thousand five hundred dollars ($5,500) need to be appropriated from the unappropriated fund balance to the Building and Grounds Repair and Maintenance line item 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 five thousand five hundred dollars ($5,500) from .the unappropriated fund balance be appropriated to the Building and Grounds Repair and Maintenance line item in the 1994-95 budget of the County of Isle of Wight. 1 1 1 15 BIIOK 16PA'Z03 1 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Vice Chairman Bradshaw asked Mr. Hall for clarification on who can use the room. Mr. Hall stated the proposed conference room will contain documents of confidential nature that the Electoral Board may be able to satisfactorily secure because he did not see that the Electoral Board would need the ., entire. back section of the building. Ann Edwards, Registrar, stated the proposed conference room will not be able to be used by anyone else because the voting records will be located there that must be kept confidential. Supervisor Spivey moved the Board adopt the following resolution: [1 RESOLUTION TO ACCEPT AND APPROPRIATE FOURTEEN THOUSAND NINE HUNDRED NINETY DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF EMERGENCY SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received funds from the Commonwealth of Virginia, Department of Emergency Services for the purchase of equipment; and, WHEREAS, the funds in the amount of fourteen thousand nine hundred and ninety dollars or so much as shall be received from the Commonwealth of Virginia, Department of Emergency Services need to be appropriated to the Emergency Services 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 fourteen thousand nine hundred ninety dollars or so much as shall be received from the Commonwealth of Virginia, Department of Emergency Services be appropriated to the Emergency Services equipment line item 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 accounting adjustments in the budget. and to do all things necessary. to give this resolution effect. The motion was adopted unanimously (5-0). Vice Chairman Bradshaw moved the .Board adopt the following BOOK 1U PAGE~~ resolution: RESOLUTION TO ACCEPT AND APPROPRIATE THREE THOUSAND DOLLARS FROM THE FEDERAL GOVERS1l'~VIENT FOR THE TITLE II PROGRAM WHEREAS, the School Board of the County of Isle of Wight, Virginia has received funds for the Title II grant program; and, WHEREAS, the funds in the amount of three thousand dollars ($3,000) need to be appropriated to the School grant fund 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 three thousand dollars ($3,000) be appropriated to the School Board in the 1994-95 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). Vice Chairman Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND FIVE HUNDRED DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE TOURING ASSISTANCE, VA COMMISSION FOR THE ARTS PROGRAM WHEREAS, the School Board of the County of Isle of Wight, Virginia has received funds for the Touring Assistance, VA Commission for the Arts Program; and, WHEREAS, the funds in the amount of two thousand five hundred dollars ($2,500) need to be appropriated to the School grant fund in the 199495 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 five hundred dollars ($2,500) be appropriated to the School Board in the 1994-95 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.. 17 I fj ~~~ Bf10K ~6PAGE~~S The motion was adopted unanimously (5-0). County Administrator Caskey stated the Commonwealth of Virginia annually remits to the County the local share of funds collected for emergency medical services through State vehicle registration and the County has traditionally distributed these funds equally to the County's two rescue squads. Mr. Caskey stated included in the Board's agenda is a resolution to accept and appropriate $8,656 from the Commonwealth of Virginia for the Two For Life Program. Supervisor Spady moved the Board adopt the resolution accepting the $8,656 and refer the distribution of the funds to the Volunteer Fire Departments and Rescue Squads Association for their recommendation on disbursal. County Attorney Crook stated he would recommend tabling consideration of the matter so that the resolution can be .reworded and a recommendation .brought back. Supervisor Spady withdrew his motion. Vice Chairman Bradshaw moved the Board table consideration of the following resolution until the March 16, 1995 meeting to allow referral of distribution of the funds to the Volunteer Fire Departments and Rescue Squads Association for recommendation of disbursal: 1 RESOLUTION TO ACCEPT AND APPROPRIATE EIGHT THOUSAND SIX HUNDRED FIFTY-SIX DOLLARS 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 funding from the Commonwealth of Virginia for the Two For Life Program; and, WHEREAS, funds in the amount of eight thousand six hundred fifty-six dollars ($8,656) need to be appropriated to the Isle of Wight Rescue Squad and Windsor Rescue squad line items 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 eight thousand six hundred fifty-six dollars. ($8,656) be appropriated to line items 11-3203- 5605A, Isle of Wight Rescue Squad ($4,328) and. 11-3203-5605B, .Windsor Rescue Squad ($4,328). in the 1994-95 budget of the County of Isle of Wight. 1 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 adopted unanimously (5-0). 18 BOOK . 1U PAGE ~~ J Vice Chairman Bradshaw moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF UNION CAMP CORPORATION WHEREAS, Union Camp Corporation is a corporate citizen of Isle of Wight County, Virginia; and, WHEREAS, Union Camp Corporation provides a significant number of jobs which sustain the livelihoods for many of the citizens of the County; and, WHEREAS, Union Camp Corporation has provided support to the education system in Isle of Wight County through financial contributions and through the provision of tutorial programs conducted by professional staff people; and, WHEREAS, volunteer emergency services in the County have been significantly improved because of the financial and technical contributions of the corporation; and, WHEREAS, Union Camp Corporation has established itself as the foremost producer of quality paper products in the world and. a leader in environmental technology. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes Union Camp Corporation as a good .corporate citizen and appreciates the numerous positive contributions of Union Camp Corporation to the quality of life of the citizens of the County. The motion was adopted unanimously (5-0). County Administrator Caskey stated included in the agenda is a proposal for the dedication of a wall to honor County volunteers. Mr. Casket' further stated annually the County honors volunteers during Volunteer Month with a'reception where a volunteer of the year is honored by having his or her name placed on a plaque which lists previous volunteers of the year. Mr. Caskey continued, Alan Nogiec, Director of the Parks & Recreational Facilities Authority is advocating consideration for the dedication of a section of a wall at the Courthouse building for the painting of a mural and the designation of that area for honoring County volunteers. Mr. Casket' stated a design of the proposed mural is contained in the agenda and what is proposed is a 4' by 5' scroll with pictures and nameplates. Mr. Casket' stated Mr. Nogiec has estimated the cost of the project to be $102. Supervisor Spivey asked if the mural would contain images. Mr. Creef stated the plan is to have a frame where a picture could be placed and moved back and forth as necessary. Mr. Creef stated Mr. Nogiec has omitted the frame and he would assume this would come from f 19 SnOg ~6PdGF ~V 1 the Public Works Building and Grounds Budget. Supervisor Spivey asked if the intent is to have all. volunteer organizations represented on the display. Mr. Creef stated his impression from Mr. Nogiec is that this would be the intent. 1 1 Supervisor Spivey stated he is all for volunteers and he believes one volunteer is as important as the other. Supervisor Spivey stated his .only concern. is leaving a volunteer .out because the County has numerous volunteers which change from year to year. Supervisor Spady stated the mural should be placed in a prominent location where citizens can view it. Supervisor Spady stated he would suggest tabling the matter to allow additional time to find a better place to hang the mural and give the Board additional time to consider the matter. Vice Chairman Bradshaw stated he agreed with Supervisor Spady and he would like further clarification as to who will be listed on the mural. Vice Chairman .Bradshaw stated when the Board is recognizing all the volunteers in the County, this is a tremendous task. Vice Chairman Bradshaw stated his concern is that when the recognition of volunteers began in the County he knew all organizations in the County were not notified and this celebration is not representing all of the volunteer. organizations of the County. Vice Chairman Bradshaw. stated he wants to know specifically how every volunteer in the County will be identified and recognized because the effort should be 100% to include every volunteer. Chairman Cofer noted that only the volunteer of the year will be added to the mural. Supervisor Spady moved the Board table consideration of the matter until the March 16, 1995 meeting. The motion was adopted .unanimously. County Administrator Caskey noted the attachments contained in the agenda concerning SPSA's proposed tipping fee increase is to provide the Board with information on additional costs that may be incurred by the County for the remainder of the fiscal year and FY1995-96. Mr. Caskey further stated the current tipping fee rate is $34.50 per ton with a proposal of increasing this amount to $63 per ton effective May 1, 1995 for the remainder of the fiscal year. Mr. Caskey stated there is also a proposal to increase the current tipping .fee rate to .$57.07 per ton effective July 1, 1995. Chairman Cofer stated a subcommittee of SPSA has been formed to meet. with private haulers to determine if there is not some mutual solution to the current problems of waste flowing out of the area. Chairman Cofer stated hopefully at the April meeting SPSA will not have to implement the rate increases as advertised. Vice Chairman Bradshaw asked Mr. Cofer if the State Senate has acted on House Bill 1802 as yet. 20 9l10K- ~6PAGf ~~VJ Chairman Cofer stated the Bill at the House passed by a vote of 93-7. Chairman Cofer stated the Bill does not directly affect the County, but does affect those who have contracts with private haulers. County Administrator Caskey stated staff has previously briefed the Board on the status of the County's telephone system replacement and the County's recent experiences with downtime on the current system. Mr. Caskey further stated the Board in January instructed staff to make contact with appropriate County agencies in order to obtain feedback as to their being included in a proposed system that would serve the Courthouse complex and any external sources. Donald T. Robertson, Assistant to the County Administrator, stated he has met with appropriate agencies and ascertained that there is an interest in pursuing a joint venture with the County, however, these agencies also questioned the impact same would have on their agency budgets, specifically regarding replacement of existing hardware and how it might be compatible with any system implemented by the County. County Administrator Caskey stated the Board was briefed at their last meeting about the Centranet service provided by GTE and staff is now seeking direction from the Board. Mr. Caskey stated if the Board wishes to proceed with the Centranet system staff will provide the Board with current cost figures. Mr. Caskey stated GTE has advised the County that if the County chooses to proceed with Centranet before the end of March, GTE will waive the $12,000 non=recurring network charge. Mr. Caskey stated staff is attempting to broaden this March window because of the County's budgetary situation and will inquire from GTE if the County can be granted this favor through the end of the fiscal year. Mr. Caskey stated the alternative is to solicit RFPs relative to a PBX system which is an upgrade of the system currently being utilized. Mr. Caskey stated, however, a number of counties have gone to the Centranet system which has been successful in meeting their needs. Supervisor Spady requested Donald Robertson to provide the Board with additional information on the costs and features of both the Centranet and PBX systems, how the various agencies will be affected, if the agencies will be able to use what they presently have, or if they will have to acquire new equipment. Vice Chairman Bradshaw requested the information be distributed to the Board prior to the March 16, 1995 meeting. Vice Chairman Bradshaw asked if the other systems are experiencing problems. Mr. Robertson stated the Sheriff's Department has experienced some problems although it is .not clear if these problems are related to the County's problems with its telephone system.. Vice Chairman Bradshaw asked Mr. Robertson to also report bad whether the proposed system will include voice mail. 1 1 21 J 8(lOK 16P~.GE ~O9 Supervisor Spady stated whatever system the County chooses should be compatible with the Sheriff's Department. County Administrator Caskey .noted $6,414.13 was collected by the delinquent tax attorney for the month of January 1995. at a cost to the County of $2,806.95 which represents 44% of the amount collected. Supervisor Spady .moved the Board accept the delinquent tax collection report. The motion was adopted unanimously {5-0). County Administrator Caskey stated for the Board's information is an inquiry from the Smithfield Fire Chief, I. N. Jones, III, concerning the County's consideration of a vertical water storage tank for fire suppression purposes to serve the Courthouse complex. Mr. Caskey distributed a letter from Chief Jones dated January 18, 1994 and a copy of the Board's minutes from February of 1994 directing staff to provide cost estimates far the storage tank. Mr. Caskey suggested the matter be explored further with .Chief Jones and the Board be provided cost information at their March 16, 1995 meeting. Chairman Cofer requested staff to explore the possibility of installing dry hydrants with the adjoining landowner for utilization of the pond next to the Courthouse complex and to bring back cost estimates for this option, as well as cost estimates for the construction of a water storage tank, by the March 16, 1995 meeting. 1 Vice Chairman Bradshaw asked if this matter should be directed to the Volunteer Fire Departments and Rescue .Squads Association for their recommendation. Chairman Cofer stated .upon staff's opportunity to acquire- the necessary figures, the matter can be passed on to the Volunteer Fire Departments and Rescue Squads Association. County- Administrator Caskey noted a comprehensive report on staff's recommendations relative to County-wide solid waste management will be provided to the Board at their March 16, 1995 meeting. Mr. Caskey stated he has put together a task force consisting of the Director of Public Works, Director of Budget and Finance, Director of Planning and Zor-ing, Assistant to the County Administrator and himself. // Chairman Cofer called for Old Business. A. Shady Grove Estates, Shady Grove Drive off of Smith's Neck Road (Route 665) in Newport Magisterial District (Tabled 11/17/94 and 1/26/95) 1 County Attorney Crook advised the Board that he had spoken with the attorney for the applicant who is requesting that the matter be withdrawn. 22 BnOK 16 PAGE Z1O Supervisor Spady moved the Board approve the request of the developer for withdrawal of the variance request. The motion was adopted unanimously (5-0). B. Resolution Abandoning a Portion of State Route 617 From the Secondary System of State Highways (Tabled 1 / 26 / 95) County Administrator Caskey stated the Board held a public hearing f on the matter at their January 26, 1995 meeting at which time there was no opposition presented and one person spoke in favor. Mr. Caskey further stated the matter. was tabled by the Board in order to give County staff the opportunity to consider the location of the right-of-way and to make a determination if the County should acquire the right-of-way from VDOT. Vice Chairman Bradshaw stated he met with W. James Keene, Vice President/Manufacturing with Franklin Equipment Company, to discuss the matter. Vice Chairman Bradshaw further stated he also met with citizens of the Camptown area who advised they have no concerns regarding same. Vice Chairman Bradshaw moved the Board adopt the following resolution: RESOLUTION ABANDONING A PORTION OF STATE ROUTE 617 FROM THE SECONDARY .SYSTEM OF STATE HIGHWAYS WHEREAS, as a result. of state project 0058-046-105,C501, a portion of secondary State Route 617 was caused to become a dead end road serving only two (2) property owners; WHEREAS, this Board has determined that those property owners have no objection to and desire the abandonment of a portion of State Route 617 from the secondary system of state highways; WHEREAS, no objection that would warrant denial of the abandonment was heard in a public hearing announced to hear those parties that might be interested in the abandonment; WHEREAS, .this Board is sat?sfied that no public necessity exists to continue existence. of said portion. of State Route 617 as a public road; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the Board hereby abandons a portion of State Route 617 in its entirety from the secondary system of state highways, FROM: Station 34+60 TO: Station 43+55 BE IT FINALLY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation, so that it may be incorporated .into the Department of Transportation's records. 1 1 23 1 1 .. Bf10K 16 PACE ~~~ The motion was adopted unanimously (5-0). C. The application of E. Carson, Jr. and Margaret Whitley for a change in zoning classification from Industrial Limited (M-1) and Industrial General (M-2) to Agricultural General (A-2) 35.52 acres of land located off the south side of Carrsville Highway (Route 58) between Lees Mill Road (Route 616) and Carver Road (Route 1603) in Windsor Magisterial District. (Tabled 1/2b/95) County .Attorney Crook stated he discussed the matter with .the Commissioner of the Revenue whose position is that as long as the property. is zoned industrial it can not qualify for land use taxation and therefore the request to down zone the property to agricultural is appropriate. Supervisor Spivey moved the Board approve the application of E. Carson, Jr. and Margaret Whitley. The motion was adopted unanimously (5-0). // Chairman Cofer called for New Business. Supervisor Spivey stated he is interested in the enforcement of the requirement for cats to be licensed, how many licenses have been issued during the past year, what kind of revenue is the County receiving from the licensing, and what that amount is going to be compared to the cost of what the County may consider in increasing our capacity to enforce the Ordinance. Supervisor Spivey stated the week before last he went to a meeting of the Southeast Virginia. Swine Association at Windsor High School and Senator Noland was there. Supervisor Spivey stated he talked with assorted County citizens and has heard no indication that the Right To Farm Bill will be reconsidered. Supervisor Spivey stated the Southampton County Board of Supervisors is going to consider an ordinance on February 27th and he is interested in referring to the Planning Commission consideration of the model ordinance by the full Commission in March and bring the Board back any further recommendation, if any, in light of what ordinance Southampton County may pass, or may not, but specifically the model ordinance. Supervisor Spivey stated he knew there were variations in setback, but he thought the model ordinance and the County's ordinance are more stringent and he believes there are other controls that are explicitly stated and would be in place. Supervisor Spivey stated he is not advocating anything, but is interested in .the Planning Commission revisiting and reconsidering the model ordinance and bring back a recommendation to the Board. Supervisor Spivey stated the model ordinance is dated October 21, 1994 and was from a working group of State-wide agricultural and agribusiness organizations. Supervisor Spivey stated, it was suggested to him that he review the Rockingham County ordinance and that may be something the Planning Commission may also consider reviewing. 800K 16 PAGf~~~ Supervisor Spivey moved the Board ask the Planning Commission to review the model ordinance and come back with recommendations, if any. County Attorney Crook stated he spoke with Supervisor Spivey this morning regarding this matter, particularly the Southampton County Ordinance which he would not recommend the Board consider. Mr. Crook further stated the model ordinance was taken to the Planning Commission by him along with a look at what the other counties had that were sent in by the Isle of Wight Defense League to the various members of the Commission and to him. Mr. Crook stated a copy of the model ordinance was distributed to all members of the Planning Commission and the matter was referred to a subcommittee and discussed at length. Mr. Crook stated .the consensus of the Planning Commission was that the County did not need additional regulations in this area other than the setback requirements and some of the members did not believe the County needed the setback regulation. Mr. Crook stated that while he knows Supervisor Spivey means well and the citizens, particularly the Defense League, is requesting more be done than what the Planning Commission has recommended, at the same time he knows how the Planning .Commission feels. Mr. Crook suggested Supervisor Spivey soften. his motion or make it more diplomatic. so that the Planning Commission will not be questioning why the Board is referring the matter back to them when they have already reviewed, discussed and debated it, and made their recommendation to the Board. Mr. Crook stated he believes the Board should give the Planning Commission some reason why this. is coming back to-them and what. exactly the Board expects from them. . Vice Chairman Bradshaw stated he agreed with Supervisor Spivey and the County Attorney and believes that due to the negative publicity that the Planning Commission incurred and what has happened since then, that the Board does need to take some other action on the matter. Vice Chairman Bradshaw stated the Board is trying to address the needs of the citizens of the County.. Vice Chairman Bradshaw stated this is a concern at the current time and the Board is basically saying that it does not think it was what the Board calls "properly addressed". County Attorney Crook stated the Planning Commission discussed, debated and looked at other ordinances and now Vice Chairman Bradshaw is going to state that he does not think the Planning Commission properly addressed it. Vice Chairman Bradshaw stated he would not say the Planning Commission had not properly addressed .the matter, but rather that the Board believes it should be looked at in further detail and study. Vice Chairman Bradshaw further stated the matter does not have to be done in any specific time even if it takes six-months to give a thorough investigation and study of the situation. -Vice Chairman Bradshaw stated the County will have an ordinance that it must live with and may be adjusted with different Supervisors or citizens in the future, but he wants the Planning Commission to take the necessary time to investigate the matter because it is something that will impact the future of the County, not just today, but forever. 1 1 1 25 BnOK 16 PAGE~13 Supervisor Spady stated he would recommend that each Board member should meet with their respective representatives on the Planning Commission. Supervisor Spady stated if the Board sends .the. matter back to the Planning Commission without telling them the Board's thoughts, the Planning Commission does not know what the Board's expectations. Supervisor Spady stated if the Board desires more restrictions, then the Board should tell their representatives. Supervisor Spivey stated a lot has transpired in the last few months and Southampton County is considering a very. detailed ordinance and to his knowledge, though he is .not advocating Southampton County's ordinance, he does not know how it has been amended and in what. form it will be presented to their board on February 27th. Supervisor. Spivey stated Southampton. County is the largest county in the State and is primarily agricultural and, he believes along with the model ordinance, the Board could be very specific in asking the Planning Commission to look at Southampton County's ordinance and review it in relationship to the model ordinance if they feel it is in the interest of the County to do anything differently than they have already recommended and that the Board has acted on. Supervisor Spivey stated as he understands it, on April 1st if the General Assembly takes no action, then the Right To Farm Act will basically preclude this which is why he thinks it is proper to consider the matter now. Vice Chairman Bradshaw asked the County Attorney if the ordinance the Board. has adopted with the restrictions becomes invalid on April 1, 1995. ;l 1 County Attorney Crook stated the ordinance adopted- by the Board is in compliance with the Right To Farm Act. Supervisor Spivey asked the County Attorney if the Board wants any other ordinance than the ordinance previously adopted would it have to be adopted before April 1, 1995. County Attorney Crook stated no, the Right To Farm Act comes into effect April 1, 1995 and if the County has ordinance provisions that are contrary to that Act, these provisions are invalid.. Mr. Crook stated the Board has amended its ordinance to be in compliance with this Act and when it comes into effect on April 1, 1995, the Board does. not need to take any action. Mr. Crook stated the model ordinance from VACo used the Rockingham County ordinance and Southampton County's ordinance was designed to stop intensive livestock operations such as Smithfield/Carroll. Mr. Crook stated Southampton County wants to protect their farmers who have 1,000 heads of .hogs, but their ordinance was so restrictive that it virtually prohibited Smithfield/Carroll from having hog farms in Southampton County. Mr. Crook stated he would never recommend the County or any. other county use Southampton County's ordinance as a guide. Supervisor Spivey stated on April 1, 1995 if there is no change in the Right To Farm Act,. the Act simply prohibits a county from using a $~ox~ 1~pa~~2~.~ Conditional or Special Use Permit. Supervisor Spivey asked if the County has received a reply from their request for clarification on what the Right To Farm Act actually means. County Attorney Crook stated this is not what the Board asked. Mr. Crook stated the Board asked for two clarifications: (1) does the Right To Farm Act legislation as it reads now rule outany type of Conditional Use Permit, and. (2) did the sludge provisions in the Right To Farm Act apply to land applications. Mr. Crook stated there is a Bill in the General Assembly which is being debated on land application and some change could still be made in the Right To Farm Act dealing with this, although there is no written response at this time. Chairman Cofer stated there is still a motion by Supervisor Spivey on the floor to refer the model ordinance to the Planning Commission for further review.. Supervisor Spivey stated he would like included in the motion the _ Southampton County ordinance, if adopted, be referred for consideration as well. County Attorney Crook stated he would ask that the minutes of this discussion go with the motion so that the Planning Commission can see what has been said and has some guidance. Vice Chairman Bradshaw stated he agreed with Supervisor Spady in that the Board members should contact their individual Planning Commission members to discuss the Board members' own views about the ordinance and the Right To Farm Act and what the Board expects the Planning Commission to do. Supervisor Spady stated he believes the Planning Commission should revisit the matter again, although he would prefer a motion stating that the Board recommend the Planning Commission consider the livestock problem one additional time and in the meantime the Board talk with their respective representatives. Supervisor Spady stated he did not like the Board telling the Planning Commission to review the model and Southampton County ordinances and bring the -Board back a recommendation. Supervisor Spivey stated he believed a subcommittee revieH,•ed the ordinance, but not the Planning Commission in its entirety. Super~7sor Spivey stated this is why he included the model ordinance and the Southampton County ordinance. Supervisor Spady stated he ~,rould be in contact with his representatives on the Planning Commission. Vice Chairman Bradshaw stated the Board directed the matter to the Planning Commission originally and asked them to take action quiciay, therefore it could be the communication between the Board and the Commission originally that the Board wanted them to act quickly h~au~ of the request from the citizens. Vice Chairman Bradshaw stated ~~ hat ham transpired .through the Planning Commission is unfortunate and that the r 1 1 1 27 1 1 1 .. BnOK 16 PAGE ~1J Board can not change what has happened, rather ask them to ga back and look at the matter. Supervisor Bradby stated the Planning Commission does an excellent. job, but the Board as elected officials has the duty and responsibility to make changes as the Board sees fit because without the approval of the Board, there is no ordinance. County Attorney Crook stated he wanted to make clear that the model and Southampton County ordinances were distributed to every member of the Planning Commission. Mr. Crook stated the Planning Commission did rely heavily on what the subcommittee did which not only looked at those two ordinances, but others as well. Supervisor Spivey's earlier motion to refer the model ordinance and Southampton County ordinance, if adopted, to the Planning Commission for review of same in further detail passed (3-2) with Chairman Cofer and Supervisors Bradby and Spivey voting in favor and Supervisor Spady and Vice Chairman Bradshaw voting against the motion. Vice Chairman Bradshaw stated the reason he is against the motion is because he thinks the Board is limited by placing these things on the Planning Commission and his intention is to have an open mind and look at everything that is possible. Supervisor Spady stated he would prefer the motion request the Planning Commission. to revisit the problem and in the meantime the Board can confer with each of its representatives. Vice Chairman Bradshaw asked the County Attorney if a term of a member appointed by the Board expires and that member has not been reappointed by this Board what is the official capacity of that individual? County Attorney Crook stated it depends on whether the organization is created by a statute, resolution or ordinance of the Board, or whether it has been created by Federal or State agencies. Mr. Crook stated in drafting resolutions for boards/commissions/etc. he puts that the appointee will continue until a successor is appointed. Mr. Crook stated the State statute provides that for some State required agencies, such as the Planning Commission, and in the case of an authority, it is in the resolution creating the authority. Mr. Crook stated the Board has a number of appointments that would not have such a requirement, such as the Commission on Aging. Mr. Crook stated it does apply in the case of the Planning Commission, the Parks and Recreational Facilities Authority, Board of Building Appeals, Wetlands Board and Transportation Safety Committee. Vice Chairman Bradshaw requested the County Attorney to provide the Board with a listing as to which ones this applies and to those it does not apply. Vice Chairman Bradshaw stated he experienced a misunderstanding involving .the Parks and Recreational Facilities Authority because the member that has not been reappointed is now Chairman of the Authority. 'B~dlx ~ ~,.U~AGf ~~6 County Attorney Crook stated the individual is still serving until his successor is appointed. Vice Chairman Bradshaw asked the County Attorney if this is true then why say the term. is for four years when it is not. County Attorney Crook stated it is up to the Board to replace individuals and that it is difficult to provide Vice Chairman Bradshaw with a clarification on every one of these boards /commissions /etc. Mr. Crook stated if Vice Chairman Bradshaw is interested in the Parks and Recreational Facilities Authority then he will provide him with clarification on that, however, Vice Chairman Bradshaw wants him to provide the Board with a clarification on every single board/commission/etc. when he is interested in only one. Vice Chairman Bradshaw stated he is interested in all of the boards/commissions/etc., however, the Parks and Recreational Facilities Authority came to his attention. Vice Chairman Bradshaw stated the County Attorney did not need to provide this information before the March 16, 1995 meeting. Vice Chairman Bradshaw moved the Board authorize the Director of Budget & Finance to contact the Treasurer to see if he would like some help and advice in his investing of County funds. The motion was adopted unanimously (5-0). // Chairman Cofer called for Appointments. Supervisor Spady moved the Board appoint Ronnie Garrett to the Transportation Safety Committee serving as the citizen representative, replacing Grace Keen, for afour-year term which will expire in December of 1998. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board reappoint Robert P. Leber to the Planning Commission representing the Newport District for an additional four-year term which will expire in February of 1999. The motion was adopted unanimously (5-0). Supervisor Bradby stated he would like to reappoint Ron Pack on the Wetlands Board, however, he understands he no longer lives in the Hardy District. County Attorney Crook stated he would report back to Supervisor Bradby on the Wetlands Board. Supervisor Spady moved the Board appoint Lud L. Spivey, replacing Myles E. Standish, as a voting member on the Chamber of Commerce. The motion was adopted. unanimously (5-0). // 1 29 Bf1UK ~~ PAGE ~~~ Chairman Cofer called for approval of the January 26, .1995 minutes.. Vice Chairman Bradshaw moved the Board approve the January 26, 1995 minutes. The motion was adopted unanimously (5-0). // 1 County Attorney Crook requested an executive session pursuant to Sections 2.1-344 A3 and A7 for advice of counsel concerning use or acquisition of public property for public purposes, potential litigation and, upon the request of Vice Chairman Bradshaw, a personnel matter. At 8:35 p.m., Vice Chairman Bradshaw moved the Board enter executive session for the reasons stated by the .County Attorney. The motion was adopted unanimously (5-0). Upon returning to open session at 9:30 p.m., Vice Chairman Bradshaw moved the Board adopt. the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote -and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard,. discussed or considered by the Board of Supervisors. ..VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Chairman Cofer reminded the Board that on March 16,1995 the Board will begin the budget process. enox ' 16 PAGE x.10 County Administrator Caskey stated the Board had previously discussed beginning the budget work session at 2:00 p.m. County Attorney Crook advised staff to advertise the meeting for 2:00 p.m. Vice Chairman Bradshaw asked who v~ould be included in the work session. Chairman Cofer stated Department Heads, Social Services and Constitutional Officers although he did not anticipate the Board being able to receive all comments at one meeting. Vice Chairman Bradshaw suggested the Director of Budget and Finance set up a time schedule for the various Department Heads, Social Services, Schools and Parks & Recreational Facilities Authority to speak with the Board concerning their budgets, Supervisor Spady moved the Board set a work session for the March 16, 1995 meeting at 2:00 p.m. for the purpose of discussing the budget. The motion was adopted unanimously (5-0}. // At 9:35 p.m., there being no further business for discussion by the Board, .Supervisor Spivey moved the Board adjourn. The motion was adopted unanimously (5-0). Malcolm T. Cofer, Ch rman