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03-16-1995 Regular MeetingT: 1 1 1 BOOK 1V PAGE~~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OI< MARCH 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 Caskey, County Administrator . Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Cofer called the meeting to order at 6:06 p.m. The invocation was delivered by Supervisor Bradby. // Chairman Cofer called for a special presentation from James R. Borberg, P.E., General Manager, Hampton Roads Sanitation District. t Mr. Borberg presented a slide presentation orr directional drilling of s river crossings which illustrates a unique concept of crossing a river without disturbing wetlands, bottom sediment or any navigation that may be along the waterways. E Mr. Borberg advised HRSD has completed Ehe Pagan River, Cypress Creek and Bennetts Creek crossings and the contractor is due back this month to begin the Nansemond River and, then the Chuckatuck Creek. Mr. Borberg stated the line was split into four contracts to make it easy for the local contractors to submit bids, which were subsequently awarded to Basic and W. R. Hall. Mr. Borberg advised that Section I has been started in Smithfield, proceeding east, and Section II begins at Routes 664 and Business 10 and proceeds to Routes 17/32/258. Mr. Borberg stated regarding the Windsor interceptor force main, HRSD is currently working with the citizens fromwhich there remains the need to obtain. easements. Mr. Borberg stated upon completion of this, HRSD will apply for the necessary permits and begin .building shortly thereafter. Mr. Borberg stated flow. from both interceptor .force mains will be delivered to the Nansemond .plant currently under construction which is a $48,000,000 project to triple the size of the plant from 10 to 32 mgd. ~ Mr. Borberg stated upon completion of the Smithfield interceptor force main, the Town of Smithfield and Smithfield Foods will be hooked up, - adding approximately 3,000,000 gallons per day. 1 I i . + BObK 16 PAGE ~J6 Mr. Borberg stated completion of the Nansemond plant is anticipated for April of 1997 and the Smithfield interceptor force main should be completed in April of 1996.. Supervisor Bradshaw inquired the likelihood of HRSD installing lines in the Route 58 area, heading towards Franklin. Mr. Borberg stated there is not a great deal of population in this area, however, HRSD did speak with the City of Franklin and Southampton County regarding services for them, which they declined. Mr. Borberg stated to proceed south of Windsor it would be more appropriate if HRSD could build a plant in Southampton County because it is so far from the Nansemond plant that the cost of the pipelines exceeds the cost of a plant. Mr. Borberg stated .HRSD would be interested if Southampton County requested them to provide service. Chairman Cofer requested a time frame for completing the right-of- way acquisition for the interceptor to serve Windsor. Mr. Borberg stated within the next several months because HRSD has hired a real estate manager and is working with a local attorney to begin negotiating for right-of-way. Chairman Cofer asked the construction time once the right-of-ways have been obtained. Mr. Borberg replied approximately one year to 15 months. Mr. Borberg stated the project has been split into three contracts because it is approximately 52,000 feet in length. Chairman Cofer asked if the County has any control over the connections. to the. HRSD line on Route 17. Mr. Borberg replied the .County has complete control and every request for connection will come through the County's Utilities Department who wilt review and approve it and forward it to HRSD who will issue a certificate allowing connection to the line. Chairman Cofer stated it will up to the County to be developing an overall. plan fairly quickly and it will be best to require a larger sewage pump station and share the cost. Supervisor Bradby asked Mr. Borberg how long these interceptor force mains will take care of the County's needs. Mr. Borberg replied it would depend on how fast the County grows, however, a master plan has been developed that as the County grows, additional lines can be built as population dictates. In closing his presentation, Mr. Borberg added directional drilling is becoming the. way to cross. rivers because it is not only environmentally good, but less expensive. 2 1 r 1 ,, B~oK ~ 16 Pa~E 237 ii Chairman Cofer called for Transportation Matters. 1 R. Bryan David, Director of Planning and Zoning, stated that included in the agenda is information relative to the FY1995-96 Revenue Sharing Program in which the County annually participates. Mr. David stated the Program consists of an equal amount of -local funds matched by an equal amount of State funds that are applied to existing secondary road improvements in the County. Mr. David stated $300,000 is budgeted in the. current FY1994-95 with an anticipated equal match from the State and it is staff's recommendation that the Board anticipate appropriating $300,000 in the FY1995-96 Operating Budget. Mr. David stated the recommended road projects in the Six-Year Plan to which such funds may be applied are prioritized as follows: Smith's Neck between Titus Creek and Rescue Road; Waterworks Road between Courthouse Highway and Bethel Church Road and West Blackwater Road between Walters Highway and .Antioch Road. Mr. David stated per the.Board's request at their regular meeting of February 16, 1995, included in the agenda is a revised resolution of the recommendations of the Board for the 1995 VDOT Preallocation Hearing reflecting the realignment and four-laning of Route 258 as the first project. Supervisor Spivey moved the Board adopt the following resolution: 1 1 RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, FOR THE 1995 VIRGINIA DEPARTMENT OF TRANSPORTATION PREALLOCATION HEARING WHEREAS, the Commonwealth Transportation Board and the Virginia Department of Transportation will conduct a preallocation hearing for interstate,. primary, and urban system projects for the Suffolk District on April 3, 1995; and, WHEREAS, the Board of Supervisors of Isle of Wight County expresses its appreciation to the Commonwealth Transportation Board and the Virginia Department of Transportation for -the opportunity to articulate transportation improvement priorities within the County; and, WHEREAS, Isle of Wight County wishes to make specific recommendations for transportation improvement projects to be listed on the proposed Six- Year Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that the following projects are considered transportation improvement priorities in the County: 1. Realignment and four-lane Route 258 between Route 10 -Smithfield Bypass and Route 460.with priority given to: Construction of the Route 258 -Windsor .Bypass and its grade- . 3 enox 16 PAGE 2~S .separated crossing at the Norfolk Southern rail line. Construction of the Cypress Creek Connector to provide for the relocation of Route 258 south of the Route 10 -Smithfield Bypass. Z. Construction of a .parallel bridge span and approaches on the Route 17 crossing over Chuckatuck Creek. t 3. Route 58 -Franklin .Bypass connector (Route 260). 4. Four-lane Route 10 -Smithfield Bypass. 5. Construct right-turn lane on Route 258 at intersection with Route 10 - Smithfield Bypass. ~.• 6. Construct dedicated left-turn lanes at .the intersection of Route 460 and Routes T-610/T-603 and a continuous center turn lane between this intersection and the eastern corporate limits of .the Town of Windsor. , BE IT .FURTHER. RESOLVED that the Board of Supervisors directs the County Administrator to forward a copy of this resolution to the County's legislative delegation and to the Virginia Department of Transportation for inclusion in the record of the 1995 pre-allocation hearing and for adoption. in the Six-Year Improvement Program for the Commonwealth of Virginia.. The motion was. adopted unanimously (5-0). Mr. David stated included in the agenda is a response from the Resident Engineer advising that a dedicated left-turn signal has been ordered and will be installed within 90 days at the intersection of Windsor Boulevard, Bank Street and North Court Street in the Town of Windsor. Mr. David stated VDOT also advised that the cycling of the amber light at this intersection is satisfactory based on engineering standards and that it may be necessary to call upon police enforcement regarding the speed limit in order to bring about the desired results. Mr. David stated included in the agenda for the Board's information is notification from VDOT concerning the availability of maps, drawings and other information relative to a project in the Town of Smithfield for a continuous left-turn lane from Main Street's intersection with Great Spring Road south to Smithfield Middle School. Mr. David noted VDOT has conducted the necessary tests and concluded based on the good accident history and 85 percentile speeds recorded that it does not recommend lowering the posted fifty-five (55) mph speed limit zone on Five Forks Road (Route 606). Mr. David referred to a newsletter dated February 1995, Vol. 1, No, 2, concerning .the third crossing of the Hampton Roads Harbor of which the County's northeast corner is included in the study area. Mr. David stated 4 i .: Bf10K ~ 1U PAGE ~c:c7 all types of modes of transportation are being considered including fixed rail, light rail, walking and bicycles. Mr. David stated information will be presented in August on recommendations for the third. crossing. // Chairman Cofer called for Citizens Comments. Mark Edwards, East West Realty in Gatling Pointe South, appearing on behalf of Branch Lawson, requested the Board to grant Gatling Pointe South relief from the Street Light Ordinance which requires. installation of street .lights in new residential subdivisions and that the Board also repeal the Ordinance. Mr. Edwards stated. street lights are not necessary in the Gatling Pointe community because of the lot sizes and the proximity of the houses which have lamp posts located in the front-yards and is costly to developers in that it increases the cost of housing, to. the public. Mr. Edwards stated Gatling Pointe is attempting to have recorded the plat for the new section, Park Place, which consists of 29 homesites. Mr. Edwards stated four additional street lights have been included,. in addition to the 29 front yard lamp posts, which amounts to several thousand dollars so that the plat can be recorded. 1 County .Attorney Crook stated in new development, the County requires the developer to install the lights and be responsible for the. first five years' cost of operation before the County has to take over the maintenance of such lights. Mr. Crook stated the Ordinance requires bonding for five years, or cash, because if the lights are installed and the developer disappears and if there is not an association that requires homeowners to pay for the lights, the homeowners will appear before the Board to request the County to pay for the lights. Mr. Crook stated a change was. made in the Ordinance when it .was adopted to .give an alternative to .the developer that he did not have to comply with the County's specifications if there was a suitable alternative, but this concerns design and location. Supervisor Spady stated that while the Board. wants to satisfy citizens desiring lighting, the idea was that if a citizen or a existing subdivision desires lights,. the County will prepare a plan and those citizens will pay the cost of the first five years to supply the lights. Supervisor Spady stated if a developer installs lights on his own and disappears and. no one pays the. electricity, the lights will be cut off. Supervisor Spady stated if the Board continues to pursue it in this fashion, the County will assume ten times the number of lights in the next ten years. Supervisor. Spady stated if a developer has a homeowners association that is willing to accept the cost of these lights, why should the County absorb these costs in the future. Supervisor Spivey stated he was on the Planning Commission at the time the matter was considered and was not in favor of getting into the street tight issue. Supervisor Spivey stated he is in agreement with Mr. Lawson's concerns. County Attorney Crook stated a resolution was prepared for the 5 anox ~s Pa~E 2~~ Board concerning existing subdivisions, but the Board wanted an Ordinance to apply to new subdivisions as well, so an ordinance was prepared to make it apply to the new subdivisions. Mr. Crook stated the Board adopted both the resolution on existing subdivisions and the new Ordinance simultaneously.. Mr. Crook stated the Ordinance was designed to protect the County so that the. County does not have to take over the lights. Supervisor Bradshaw stated if the Board changes the Ordinance, lights are still required so why should the County have an ordinance requesting installation of street lights.. Supervisor Bradshaw stated the Board is not just considering street lights, but rather the entire situation as far as developing subdivisions. Supervisor Bradshaw stated the entire issue should be reviewed, not one incident. Supervisor Bradby stated he would prefer to leave the portion of the Ordinance alone which applies to residents living in existing developments that desire street lights and are willing to pay the cost for the first five years, .however, the Board should revisit the portion of the Ordinance applying to new developments. Supervisor Spivey stated there are some subdivisions that do not desire lights and individual citizens who live in remote areas that are not in subdivisions. Supervisor Spivey stated he has a concern that all citizens are treated alike when we begin paying electric bills. William Riddick, appearing on behalf of developers, stated he agreed with Branch Lawson's concerns. Mr. Riddick stated he spoke to both the Planning Commission and the Board regarding his opposition at the time the matter was considered. Mr. Riddick stated he represents Wrenns Mill and Longview Acres and no one has ever requested a street light, but instead expressed their desire to not have them. Chairman Cofer noted the Ordinance is not working as the Board envisioned and asked the County Attorney if there is any relief the Board can allow Gatling Pointe on the plat that needs to go to record, subject to the money requirement. County Attorney Crook stated he would discuss the matter with Bryan David to see what could be worked out. Supervisor Spivey moved the Board refer the matter to the Planning Commission and request them to revisit the Street Light Ordinance, specifically as it applies to new subdivisions. The motion was adopted unanimously (5-0). Andy Sustare stated he was contacted by the VDOT Resident Engineer regarding Peach Tree and Orchard Lanes. Mr. Sustare stated both were privately owned by Mrs. Virginia D. Peters who resides in Hampton. Mr. Sustare stated he contacted Mrs. Peters who expressed no interest in the roads which do not meet VDOT standards and he asked if the County can maintain them. i~ w LJ 6 ... B~oK ~ 16 eACC 241 County Attorney Crook explained to the Board the deed for Laurelwood Street was based on the plat and design from VDOT and is .the road VDOT wanted to take into the system when they provided the County with the plat and design. Mr. Crook stated VDOT must do the engineering or the County must hire someone to do the engineering. Mr. Crook stated if the Board has the roads conveyed to the County then that would place the County in the position of having to maintain them, which the County does not do. Mr. Crook stated the procedure is that the deed goes to the Commonwealth of Virginia, not the County, and VDOT handles this. Supervisor Spady stated he would speak with VDOT on how many of the remaining streets will meet the criteria for acceptance under .the State's Rural Addition Program. Jim Windsor, attorney representing the Gatling Pointe Community Association, noted for the record the Gatling Pointe Community Association's opposition to annexation, in whole or in part, by the Town of Smithfield. 1 William Riddick, appearing on behalf of the Laurels Partnership,: stated in regard to Mr. Sustare's comments concerning Peach Tree and Orchard Lanes, the Partnership bought the lots and received an opinion from the County Attorney that these roads are dedicated to public use, however, they, were not the obligation of the Partnership to pave. Mr. Riddick stated all deeds for lots developed over the last several years contain a road maintenance agreement and a covenant by all parties who accepted those deeds to pay their share to maintain the roads. Mr. Riddick stated the Partnership has .placed rock on the roadway and it is now the homeowner's obligation to maintain the roads which were never built to VDOT's specifications. { Supervisor Spady asked Mr. Riddick how many remaining lots are in the subdivision. Mr. Riddick replied three lots which contain the required right-of-way of 50 feet. Supervisor Spady stated VDOT will have to investigate the matter, but if this is correct, these roads should be eligible to be taken into the System. Grace Keen stated in the past she has worked well with the Board and Planning Commission, and has never left a meeting not understanding the position of either. Mrs. Keen further stated she always left feeling like a 1 respected citizen of the County which seemed to change m the Fall.when she became aware of the proposed industrial hog regulations. Mrs. Keen stated she was pleased when the Board passed her concerns on to the Planning Commission and requested them to appoint a committee to work with the citizens, however, when she arrived at the Commission's meeting she was told she could not participate in the discussion. Mrs. Keen stated when the ordinance was brought to the Commission, she was warned she could only address the ordinance and not other concerns. Mrs. Keen stated during the meeting a letter was sent to Norfolk expressing concerns that BnoK 16 PAGE ~~ these hog operations might have on their water supply and she would like to know why this letter was not read to the Commission before they voted on the setback ordinance. Mrs. Keen stated she agrees that the ordinance adopted is better than no ordinance. Mrs, Keen stated she requested the Board to consider sending a resolution to the General Assembly addressing the Right To Farrn Act and: the same concerns our representatives had expressed that State government should not interfere with local zoning. Mrs. Keen stated one of the Board members noted a conflict with the next regularly scheduled meeting causing the resolution to be brought back a week late which was too late to help in the request to change the Right To Farm Act because the General Assembly could not enter new bills at that point. Mrs. Keen requested any Board and Planning Commission member with any financial interest in Carrolls Foods or Smithfield Foods refrain from taking part in discussing or voting on hog farm facilities. Supervisor Bradby stated the matter was referred back to the Planning Commission at the Board's last meeting and he is confident the Commission will make a recommendation to the Board by the next meeting. Supervisor Bradby stated he would review the report from the Commission very closely and be in touch with the Isle of Wight Defense League. Supervisor Bradshaw stated the Board at their last meeting decided to contact its Commissioners which he did. Supervisor Bradshaw stated since the .Commission met last Tuesday, the Commissioners Erom his district have already contacted him and voiced their concerns over what took place in the meeting. Mrs. Keen stated a citizens league of counties is in the process of being formed allowing messages to reach the General Assembly. Supervisor Bradby stated he and Supervisor Spivey were selected as the Board's committee to meet with the Isle of Wight Defense League and once the recommendation from the Commission is received, he would be .happy to meet once again with the League. // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order of the agenda to hear the public hearings... The motion was adopted unanimously (5-0). Chairman Cofer called for a public hearing on the following: A. An Ordinance to Amend the Enhanced Emergency Telephone _ Service Tax Ordinance to Expand the Purpose to Add That Said Tax May be Used for Salaries of Dispatchers. County Attorney Crook stated when the Ordinance was first adopted it provided that. the funds from the 911 emergency telephone service paid by the consumers were to be used by the County to reimburse the County for installation and maintenance costs. Subsequently, the General Assembly amended the enabling statute to say that the County can also use the funds 8 r .~. 1 1 1 enoK .1fi PacE Z43 for dispatchers for the E-911 program. Mr. Crook stated in order to comply with the statute this amendment was prepared. to amend the County's Ordinance. Chairman Cofer called for citizens to speak. in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman .Cofer closed the public hearing and called for comments from the Board. Supervisor Spivey moved the Board adapt the following ordinance: AN ORDINANCE TO AMEND THE ENHANCED EMERGENCY TELEPHONE SERVICE TAX ORDINANCE TO EXPAND THE PURPOSE TO ADD THAT SAID TAX MAY BE USED FOR SALARIES OF DISPATCHERS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an ordinance to levy a special tax for enhanced emergency telephone service on September 15, 1988, pursuant to Section 58.1-3813 of the Code of Virginia; and, WHEREAS, Section 58.1-3813 of the Code of Virginia in September of 198$ limited the use of said taxes. to the payment of initial capital, installation and maintenance costs of the E-911. emergency telephone service;. and, WHEREAS, the General Assembly has amended Section 58.1-3813 D. of the Code of Virginia to add that said. tax may be used for salaries or portion of salaries of dispatchers or call-takers which are directed attributable to the.. E-911 program. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia that Section 15-16.2 of the Code of Isle of Wight County, Virginia, be amended to read as follows: Sec. 15-61.2. Imposed; amount; purpose.- There is hereby imposed and levied, upon every purchaser of local telephone service, a tax in the amount of one dollar per line per month. This tax shall be paid by the purchaser to the utility corporation providing the local telephone service (hereinafter referred to as "utility") for the. use of the Board of Supervisors, to pay the initial capital, installation .and maintenance costs of the E-911 emergency telephone system. When the total initial capital installations costs have been fully recovered, said Board of Supervisors shall reduce such tax to the level necessary to offset recurring maintenance, repair, and system upgrade costs, and salaries or portion of salaries of dispatchers or call-takerspaid by the locality which are directly attributable to the E-911 program only.. The motion was adopted unanimously (5-0). B. The application of the E11a M. Pierce Estate, owner William M. 9 ~~oK 16 PACE X44 Anderson, prospective owner, for a change in zoning classification from Agricultural Limited (A-1) and Agricultural General (A-2) to Conditional Industrial Limited (C-Ml) approximately three (3) acres of land located on the north side of Windsor Boulevard (Route 460) between Stave Mill Road (Route 646) and the. Town of Windsor in Windsor Magisterial District. Mr. David stated the Planning Commission considered the application at their February meeting and voted (9-0) to recommend approval of the application to the Board. Chairman Cofer called for citizens to speak in favor of or in opposition to the application. William M. Anderson, prospective owner, appeared. Chairman Cofer called for comments from the Board. Supervisor Spivey moved the Board approve the .application. The motion was adopted unanimously (5-0). C. The application of the Isle of Wight County Board of Supervisors for a Special Use .Permit to operate a .solid waste collection/convenience center on approximately two (2) acres of land located on the south side of Poor House Road (Route 692) between Courthouse Highway (Route 258) and. Bob White Road (Route 652) in Newport Magisterial District. Mr. David stated. the Planning Commission considered. the SUP at their February meeting and voted (9-1) to recommend approval to the Board subject to the following conditions: (1) that shrubs and a landscaped screen be planted at the entrance of the convenience center and along the perimeter of the convenience center between the facility and the single- family residences and the Ruritan Club; (2) that the facility be open and manned on the weekends and (3) that all necessary safety measures be taken in the operation of the facility. Chairman Cofer called for citizens to speak in favor or in opposition to the application. Frank Drewry, a representative of the Isle of Wight Ruritan Club, and Dale Jones, President, spoke in opposition to the proposed location of the facility because the land uses in the area are incompatible with the proposed facility. Robert Uzzle, Corina Eley, Frances Edwards, Ernest Townes and Steve Wills, residents of the area, appeared and spoke in opposition stating the proximity of the site to adjacent .homes, odors and increased traffic. Supervisor Bradby, after hearing the citizens' concerns, suggested staff look for a more suitable site. s 1 10 BnoN 16 PAGE ~45 .Supervisor Spady- stated the proposed site will be a manned collection station which will be closed at night. Supervisor Spady stated he does not believe the site should remain open all weekend and suggested staff take the concerned citizens to a site to review it and in the meantime review an alternative site. u 1 Supervisor Spivey stated he believes the Board owes to these citizens the same thing owed to other citizens and there were concerns expressed by other citizens in another area of the County and solely for these reasons the Planning Commission did not recommend approval of .that site. Supervisor Spivey stated he believes in saving money and using County land where appropriate, but these people have spoken in opposition. Supervisor Spivey stated perhaps a more removed area could be utilized, however, he also has a concern that the possibility is there that the County may want to use this land for .some other reason. in the future, and if so, he does not believe the Board would want this type of facility centralized in that particular area. Supervisor Spivey stated he would be in favor of exploring other possibilities and associated cost. Supervisor Bradshaw stated the .Board should listen to the citizens' concerns, address them, and look for a more feasible and viable site and give consideration for the future expansion for the County as far as office space and usability. Supervisor Bradshaw suggested that if some of the citizens would visit a site in Southampton County they may have a different impression of it, although this will not change their mind as far as location, but at least understanding what the centers being proposed are to look like. Chairman Cofer stated he would suggest tabling the matter and reviewing alternative sites and possible costs. Chairman Cofer stated Mr. Drewry .has given. him a recommendation which he will pass on to the County Administrator and Planner to review. Supervisor Spivey stated he believed one of the other sites considered does not. include residences in near proximity and he would ask these citizens if they have any possibilities to offer to present them to a Board member of staff. Supervisor Spady moved the Board table consideration of the matter until the May 18, 1995 meeting and in the meantime direct. the County Administrator to review other sites. The motion was adopted unanimously (5-0). // Supervisor Bradshaw moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). Stephen Merrill stated at the Planning Commission's March meeting he brought scientific studies and wanted to talk about the impact of Iowa beef packers coming into the area and this being the only County with no protection from hog farms, however, he was not .allowed to speak. Mr. Merrill stated the County Attorney .drafted an ordinance which was 11 BOOK ~U PAGE 2~6 considered by the Planning Commission that no one appeared in support.. of at either public hearing except Smithfield Foods. Mr. Merrill stated the Board directed the Planning Commission to revisit the issue, which by a split vote, the Commission refused to do. Mr. Merrill stated the Board has yet to go on record with a vote on an ordinance that has any meaning and requested the Board to take action on hog farming regulations. Supervisor Bradshaw reminded Mr. Merrill that Supervisor Bradby has offered to meet with the League again. Supervisor Bradshaw stated it is easy to tell the Board what you don't want but more difficult to tell the Board what should be done and how to get there. Supervisor Bradshaw stated the League's previous suggestions were generic and vague and the Board needs the League to work with the Board to come up .with suggestions and take a position on what the citizens want, not just a select group. Chairman Cofer suggested the Board's subcommittee meet with the Isle of Wight Defense League. Mike Guiffre, representing Hardy PTA, expressed his support of Phase II improvements to I-iardy Elementary School. Alan Nogiec, Director of Parks and Recreation, requested the Board appropriate funds in :the amount of $13,415 to replace a leaking roof, flashing, gutters and downspouts at the museum in Smithfield. Mr. Nogiec stated there will also need to be some repair work on the plaster inside the building in the rest rooms. Mr. Nogiec stated the requested funds do not take into consideration any testing or removal of asbestos. Supervisor Spivey asked Mr. Nogiec if he had any estimates on an "A" roof. rather than replacing the existing flat roof. Mr. Nogiec stated perhaps some pitch could be incorporated into the roof, but he understood a big part of the problem with flat roofs are the types of roofing materials put on it. Mr. Nogiec stated he would obtain bids on the project, but warned this matter could not wait until the budget cycle. Supervisor Bradshaw stated the Authority must be responsible for their own actions and facilities and does not need to be coming to the Board requesting additional funds. Supervisor Bradshaw stated the Authority has a budget and rnust live within their budget constraints and he is not in favor of the funds coming from the County. Supervisor Bradby moved the Board appropriate $13,415 Erom the unappropriated fund balance .for replacement of the roof, flashing, gutters and downspouts at the museum in Smithfield. The motion was adopted (4- 1) with Chairman Cofer and Supervisors Spady, Bradby and Spivey voting in favor and Supervisor Bradshaw voting against the motion. // r 1 12 1 ' 1 Bnox ~ ~~ PAGE ~~ l Chairman Cofer called for the Community Development report. Mr. David presented the following applications: A. The application of Juanita L. Byrum for a Conditional Use Permit to locate a mobile home to be occupied by her grandson, Jeffrey Byrum, located at 29222 Freeman. Drive (Route 612) in Windsor Magisterial District. Mr. David stated the Planning Commission considered the application at their March meeting, no one appeared in opposition and the Planning .Commission voted unanimously to recommend approval of the application to the Board. Supervisor. Bradshaw moved the Board approve the application of Juanita L. Byrum. The motion was adopted unanimously (5-0). B. Application of the Leslie W. Thacker Estate, .owner, and Donald W. Thacker, prospective owner, to continue the location of a mobile home for thirty-six (36) additional months while constructing a residence on ten (10) acres of land located at ,13374. Mill Swamp Road (Route 626) in Hardy Magisterial. District. 1 Mr. David stated the Planning Commission considered the application at their March meeting, no one appeared in opposition and the Planning Commission voted unanimously to recommend approval of the application. to the Board. Supervisor Bradby moved the Board approve the application of the Leslie W. Thacker estate. The motion .was adopted unanimously (5-0). C. Application of Michael S. Huffman for a Conditional Use Permit to continue the occupancy. of a mobile home for an additional twelve (12) months while completing his residence on 17.5 acres of land located off Waterworks Road (Route 709) on Bethel Church Lane in Hardy Magisterial District. Mr. David stated the Planning Commission heard the application at its meeting in March .and the applicant did not appear due to work commitments.. The Planning Commission discussed the numerous amount of extensions granted for this application, the fact that a building permit has been issued but there had been no call for inspections or movement on the application. The Planning Commission voted to recommend denial of the request for the extension to the Board (6-2) with two members from the Carrsville District having voted against the motion. Supervisor Bradby stated Mr. Huffman informed him that his work hours consist of both day and night and if the Board would give him an additional year Mr. Huffman would have the residence to the point where he can move in 13 BnOK 1~ PAGE ~4~ Supervisor Spivey stated he would feel more comfortable acting on the application if Mr. Huffman was present and he would be in favor of tabling the matter to allow Mr. Huffman the opportunity to appear before the Board. Supervisor Bradshaw stated the garage has not yet been completed and asked if a condition could be placed requiring an inspection within a six-month period. Mr. David stated before an inspection, Mr. Huffman indicated he must first build a deck, have the. footings inspected and request a second inspection for the HVAG Chairman Cofer asked the County Attorney if Mr. Huffman was granted aone-year extension, could the Board stipulate that this is the final extension in order to save the Board time and Mr. Huffman money. County Attorney Crook replied, no. This would in effect say that the person could never apply again. County Attorney Crook stated Mr. Huffman could have the building 90% complete and have a change of circumstances that would require an extension. Mr. Crook stated the two votes to recommend denial from the Commission were because the two Commission members wanted to table the matter. Supervisor Spady moved the Board table consideration of the matter until the April 20, 1995 meeting and in the meantime direct staff to contact Mr. Huffman to request his presence at the meeting. 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. David stated the Planning Commission voted unanimously to recommend approval of the plat to the Board. Chairman Cofer left the room at 8:05. Vice Chairman Bradshaw presided over the meeting and called for discussion by the Board. Chairman Cofer returned to the meeting at 8:06 p.m. Supervisor Spivey moved the Board approve the subdivision plat of Richard B. Edwards, Jr. and. Carrie Edwards. The motion was adopted unanimously (5-0). E. Preliminary plat showing subdivision of Wrenn's Mill Estates, Section III, Plantation Lane (Route 414) in Hardy Magisterial District. 14 enox ~~6 PacF Z~.9 1 Mr. David stated the Planning Commission voted unanimously to recommend approval of the plat to the Board and to grant the request for an exception to the length of the cul-de-sac street. The preliminary plat will require a final plat to come back before the Board for approval, advised Mr. David. Supervisor Bradby moved the Board approve the preliminary plat, as well as the variance required to the length of the cul-de-sac. The motion was adopted unanimously (5-0). F. Proposed subdivision plat of the property of Willie E. Burrell and Rosa T. Burrell, formerly part of Lot 6, Gracie W. Pierce Subdivision, Section Two, Wells-King Lane, Hardy Magisterial District. Mr. David stated. the proposed plat does not qualify for a family member subdivision under Section 7-28-1 of the Subdivision Ordinance as neither of the proposed owners are immediate family members of the current owner. Because the lot does not front a public road and -the parcel tract (Lot 6) is 6.046 acres in size, the applicant is requesting an exception to Section 3-4-1 of the Subdivision Ordinance. The property is currently zoned R-A and the subdivision plat as proposed meets requirements of the Zoning Ordinance subject to several minor .revisions. Willie E. Burrell appeared. Supervisor Bradby moved the Board approve the subdivision plat and grant an exception to Section 3-4-1 of the Subdivision Ordinance. The motion was adopted unanimously (5-U). G. Request of William M. Anderson Eor a partial exemption from a requirement of the Isle of Wight County Highway Corridor Overlay District with regard to amini-storage facili y and a radiator shop on property located on the north side of Windsor Boulevard (Route 460) in Windsor Magisterial District 1 Mr. David stated the Planning Commission recommended that Mr. Anderson meet with him to come up with scenarios to phasing, bonding and paving. Mr. Anderson expressed some concern about the damage created to the required pavement each time a new building would be built. The Planning Commission again considered the matter. at their March meeting at which time Mr. Anderson reiterated his request for a partial exemption. The Planning Commission voted to recommend denial of the request for. an exemption of the Highway Corridor Overlay District requirement for paving (6-2). Two Commissioners. from the Windsor District voted against the motion. Supervisor Spivey asked the County Attorney if the Board could allow Mr. Anderson to lay crush and run. County Attorney Crook advised not under the Ordinance as it is presently worded and .that he brought to the Planing Commission an 15 B~oK ~ 16 PACE Z5O amendment to the Ordinance which is being advertised for the next meeting for public hearing to allow the Board of Supervisors upon recommendation of the Planning Commission to make exceptions to the development standards. Supervisor Spady stated depending upon the amount of traffic, paving may not be necessary in some. cases. and suggested crush and run could be used in these instances. Supervisor Spivey stated when the Planning Commission considered a matter in the other end of the County which was more removed from the roadway he was not for requiring pavement. Supervisor Spivey stated Mr. Anderson has an existing property and what he is recommending is reasonable and he would be in favor of tabling the matter and allowing Mr. Anderson to proceed. with this exception. i Chairman Cofer stated he did. not want one set of restrictions placed on a previous application and the Board change it to make it less restrictive ; on another applicant. Supervisor Spady stated he would like to see the Planning Commission establish some guidelines as to when crush and run will be required and when paving will be required. Supervisor Spivey moved the Board table consideration of the request until the May 18, 1995 meeting regarding the variance from the Highway Corridor Overlay District as related to the mini-storage facility. The motion was adopted unanimously (5-0). H. Request of Judy Whitley Realty, Inc., prospective owner, for a partial exemption from a requirement of the Isle of .Wight County Highway Corridor Overlay District with regard to the proposed real estate sales office on property located at 11339 Windsor Boulevard (Route 460) in Windsor Magisterial District. Mr. David stated the Planning Commission considered the matter at their March meeting, no one appeared in opposition and the Planning Commission voted unanimously to recommend approval of the request to the Board. Supervisor Spivey moved the Board approve the request of Judy Whitley Realty, Inc. The motion was adopted unanimously (5-0). At 8:?A p.m., Supervisor Bradshaw moved the Board take a .recess The motion was adopted unanimously (5-0). Upon returning to open session at 8:36 p.m., Chairman Cofer called for the continuation of the Community Development report. I. Longview Agricultural and Forestal District Mr. David stated the Longview District which was first created in 1 16 B~aK 16 pA~f 251- 1 1 June of 1979 and reviewed again. in June of 1987 will expire in June of 1995, however, if no action is taken, it will continue in its same form. The Board may direct that a review, conducted by the County's Agricultural and Forestal District Advisory Council, Planning Commission and the Board, be made to determine whether this District should be terminated, modified or continued prior to t11e renewal period.. Each landowner in the District is notified in writing whether the enrolled acreage is to be retained, withdrawn or additional acreage is to be included. Prior to initiating the review process, the Board is required by State law to determine whether review of the District is necessary. Supervisor Bradshaw moved the Board direct the Department ~ of Planning and Zoning to coordinate review of the Longview Agricultural and Forestal District. The motion was adopted unanimously (5-0). J. Resolution Approving the Cooperative Agreement for Public Boating and Fishing Access by and Between the Commonwealth of Virginia, Board of Game and Inland Fisheries, Department of Game and Inland Fisheries, and the County of Isle of Wight, Virginia, for t11e Tyler's Beach Public Boat Ramp Mr. David stated the Department of Game and Inland Fisheries has. provided certain operational maintenance services at Tyler's Beach Public Boat Ramp which were covered under a cooperative agreement which needs to be renewed at t11is time. The County Attorney has reviewed the Agreement and approves it as to form, stated Mr. David. Supervisor Bradby moved the Board ,adopt the.#ollowing resolution: RESOLUTION APPROVING THE COOPERATIVE AGREEMENT FOR PUBLIC BOATING AND FISHING ACCESS BY AND BETWEEN THE COMMONWEALTH OF VIIZGIIVIA, BOARD OF GAME AND INLAND FISHERIES ,DEPARTMENT OF GAME AND INLAND FISHERIES, AND THE COUNTY OF ISLE OF WIGHT, VIRGINIA, FOR THE TYLER'S BEACH PUBLIC BOAT RAMP WHEREAS, the Commonwealth of Virginia, Board of Game and Inland Fisheries, Department of Game and Inland .Fisheries has provided certain operational and maintenance services at the Tyler's Beach Public Boat Ramp located on the James River in the past; and, 1 WHEREAS, the Commonwealth of Virginia,. Board of Game and Inland Fisheries, Department of Game and Inland Fisheries requires that a cooperative agreement be renewed at this time setting forth certain operational and maintenance obligations to be cooperatively assumed by the Commonwealth of Virginia, Board of Game :and Inland Fisheries, Department of Game and Inland Fisheries and 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 the agreement is approved and the Chairman of the Board of Supervisors of the County 17 i j eooK ~ 16 Pact Z~2 of isle of Wight, Virginia, and the County Administrator are authorized to sign said agreement on behalf of the Board of Supervisors of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator is authorized to do all things necessary to give this. resolution effect. The motion was adopted unanimously (5-0). K. Resolution Approving the Grant Agreement for Public Boating and Fishing Access by and Between the Commonwealth of Virginia, Board of Game and Inland Fisheries, Department of Game and Inland Fisheries, and the County of Isle of Wight, Virginia, as Part of the Grant to Localities Program for the Jones Creek Public Boat Ramp Mr. David stated financing for this facility was secured by the County through appropriations of Federal and State grants and private contributions, as well as some funding from the Department of Game and Inland Fisheries. In furtherance of a grant previously awarded by the Virginia Department of Game. and Inland Fisheries, an agreement is required between the County and the Department which addresses the conditions of the grant funding and certain operational and maintenance obligations to be assumed by the Department. The County Attorney has reviewed this Agreement and approves it as to form, said Mr. David. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION APPROVING THE GRANT AGREEMENT FOR PUBLIC BOATING AND FISHING ACCESS BY AND BETWEEN THE COMMONWEALTH OF VIRGINIA, BOARD OF GAME AND INLAND FISHERIES ,DEPARTMENT OF GAME AND INLAND FISHERIES, AND THE COUNTY OF ISLE OF WIGHT, VIRGINIA, AS PART OF THE GRANTS TO LOCALITIES PROGRAM FOR THE JONES CREEK PUBLIC BOAT RAMP WHEREAS the Board of Supervisors of the County of Isle of Wight, Virginia, was duly awarded funding from the Commonwealth of .Virginia, Board of Game and Inland Fisheries, Department of Game and Inland Fisheries under the grants to localities program for.the Jones Creek Public .Boat Ramp; and, WHEREAS, the Commonwealth of Virginia, Board of Game and Inland Fisheries, Department of Game and Inland Fisheries requires that an . agreement be executed setting forth the conditions of the grant funding as welt as certain operational and maintenance obligations to be assumed by the Commonwealth of Virginia, Board of Game and Inland. Fisheries, Department of Game -and Inland .Fisheries. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the agreement is approved and the Chairman of the Board of Supervisors of the County 18 ,: ~~~K .16 ~acE 253 of Isle •of Wight, Virginia, and the County Administrator are authorized to sign said agreement on behalf of the Board of Supervisors of the County of Isle of Wight, Virginia. i BE IT FURTHER RESOLVED that the County Administrator is authorized to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). L. Grass Cutting Services Mr. David stated. the Board in 1992 approved contracting for grass cutting services which were performed by a private contractor on properties which were in violation of Chapter 8, Article III, Section 8-15 of the Isle of Wight County Code. The initial contract was awarded from May 1992 to April 30, 1995 and, by policy of the Board, notification to proceed with cutting grass on any property in violation must first be authorized by the Board. Invitations to bid on services were solicited by the Deparkment of Planning and. Zoning on February 22, 1995. Two separate bids were submitted by Mr. John R. Edwards, Jr. and Mr. Theodore M. Hardison. The low bid was submitted by Mr. Edwards with a unit cost of $.35 per 100 square foot. lot area. i 1 Chairman Cofer moved the Board .award the contract to John R. Edwards, Jr., subject to fulfillment of all .applicable requirements listed in the general specifications of the bid notification and an executed contract approved by the County Attorney as to form. The motion was adopted unanimously (5-0). Mr. David submitted for the Board's consideration a request from Benn's United Methodist Church Playground Committee to construct a playground 35' by 75'. The limits of the playground will be fenced by a f forest green, vinyl coated, mesh fence with pressure treated posts, four inches by four inches in size which will be positioned at six (6) feet to eight (8) feet intervals. The fence will be three (3) feet high .with a basketball court positioned north of the play area outside of the fenced space.: The Historic Architectural Review Committee met yesterday to review the proposal and clarified that their current recommendation included the playground, the fence and the basketball court. The future phase would be reviewed when the Church had more definite plans. The Historic Architectural review Committee voted unanimously to recommend approval to the Board for the request to construct a playground, as specified. Supervisor.. Spady moved the .Board approve the request of Benn's Church. The motion was adopted unanimously (5-0). // Chairman Cofer catled for the County Attorney's report. County Attorney Crook stated the Electoral Board is desirous of combining the Orbit and Windsor precincts and relocating the present 19 BAOK ~~PAGE~54 Windsor voting place to the new .Windsor Fire Station and are asking the Board to approve the concept and request the Chairman or County Administrator forward a letter to the Mayor of Windsor asking the Windsor Town Council to consider approving the relocation of the polling place at the Windsor Volunteer. Fire Department. Supervisor Spivey asked if Orbit is the smallest voting precinct in the County. Ann Edwards, Registrar, stated .the smallest precinct in the County is Camps Mill. Supervisor Spivey asked if there is a great deal of difference in the two precincts. 1 Ms. Edwards stated there are approximately 60 more voters at the Orbit precinct. Supervisor Spivey stated he knew it was expensive #o maintain a voting place and he has heard-from voters their aggravation of having to drive past five places to vote to get to where they can vote. Supervisor Spivey stated he did not know if this would increase voter apathy, but anything that will greatly increase the. distance to the polling place will cause less people to go. Ms. Edwards stated the Electoral Board is experiencing difficulty in getting people to open the polling place, bringing in the voting machine and workers to man the polling place. County Attorney Crook stated he will prepare an ordinance and a public hearing will be held on the matter. In the meantime, the Board can determine if the Windsor Town Council is agreeable to utilizing the Windsor Volunteer Fire Department. Ms. Edwards stated problems were expected when Pons was combined with Mt. Holly and yet this was one of the largest turnouts as far as percentage of the voters in the County. Supervisor Spivey stated he knew Ms. Edwards had no control over some of his concerns about the way the. County is divided. Ms. Edwards stated the County does have to divide the County into districts. equally among each precinct as possible. County Attorney Crook stated the County must meet the requirements of the justice Department and, as a result, has elongated districts. Supervisor Bradby moved the Board authorize the County Attorney to prepare the ordinance and direct the County Administrator to prepare a letter for the Chairman's signature to the Town of Windsor seeking the Town Council's input on the change in polling place to the Windsor Volunteer Fire Department.. The motion was adopted unanimously (5-0). ,. 1 20 enoK ~6~PA6F 255 1 County Attorney Crook stated he was presented with a request from the Laurels Partnership for the Board to adopt a resolution to abandon a portion of an .old road which was received too late for inclusion in the agenda. Mr. Crook explained there is an old road platted on the property of the Laurels Partnership which is still showing on the old plats and deeds, although there is no longer a road there. Mr. Crook stated he is requesting permission to prepare the necessary resolution and publish it for public hearing at the Board's next meeting for vacation or abandonment of the. road. .Supervisor Spady moved the Board authorize the County Attorney to prepare a resolution and publicize it for public hearing. as requested.. The motion was adopted unanimously (5-0). County Attorney Crook stated he .received the new contract for Virginia Power. which. negotiates a new contract .every three years for providing electricity for municipalities and counties. Mr. Crook stated three years ago a contract was presented which he reviewed and did not recommend because 'the contract was written so that the County was saving harmless Virginia Power from.. any negligence, liability, etc. Mr. Crook stated as a result, the County never did. sign a contract with Virginia Power although the County did get the rate that was negotiated by the Virginia Association of Counties and the Virginia Municipal League. Mr. Crook stated a new contract is now being presented which he has reviewed and ~ recommends to the Board. Mr. Crook stated there is a provision. in the contract where the County is supposed to save: the company harmless in the case of festoon lighting which is a decorative .type of lighting used by the Jaycees at Christmas and attached to Virginia Power's poles. Mr. Crook stated although this provision is objectionable he does not believe this is sufficient reason not to approve the contract and noted the new contract gives a better rate than the previous contract. Supervisor .Spivey moved the Board .approve- the contract with Virginia Power and authorize the Chairman to sign it on behalf of the County. The motion was adopted unanimously (5-0). County Attorney Crook stated he has three matters for executive session later in the meeting. // Chairman Cofer called for the County Administrator's report. 1 Dr. Richard Peerey, Chairman, Isle of Wight County School Board, requested the Board allow the School Board to move forward with Phase IL of the new schools construction plan. Supervisor Bradshaw moved the Board approve the balance of Phase II, in the amount of $5,438,802, as presented, deleting the funding of $515,000 for a new Windsor. Elementary School Supervisor Spady stated he would like to know the cost of operation B~QK 16 ~~~E 25fi per student for the Carrsville Elementary school as compared to the cost. of operation for the other .schools in the County. Supervisor Bradshaw stated the largest taxpayer in the County is located in that area and when professionals enter the. County what school do they go by and what is their impression of the County's educational facilities in the County.. Supervisor Bradshaw stated the Board is also looking at the entire southern end regarding industrial development and schools must be located with visibility. Supervisor Spady stated he believes a better business decision would be to build a new school in Walters where more students could attend. Supervisor Bradshaw stated he honors and supports the decision of the School Board on their concept of education. Supervisor Spivey stated he shares the same sentiment as Supervisor Bradshaw as far as what the school means to Carrsville because he went there. Supervisor Spivey stated he realizes the School Board is making tough decisions and he is not trying to tell them what decisions to make, however, his only concern is along the same line of Supervisor Spady in that this is not the only decision the Board will have to make that will ~° involve money. Supervisor Spivey stated he would prefer going through with what has been planned in holding in abeyance. the needs of Carrsville and Windsor and he is open to consideration of whether there is any other way to more cost effectively meet the educational needs of the southern end of the County rather than to build two separate facilities. Supervisor Spivey stated he is bringing this up not only for educational reasons but for tax dollar reasons. Chairman Cofer stated he is concerned with operational costs and the second scenario by the School Board that the Windsor school be built somewhere closer to the Courthouse would help relieve the overcrowding in the northern. end and may also save the County from building two schools close together. Chairman Cofer stated he liked the idea of the model school concept which could work for the entire County and at this time he can not support a new Windsor Elementary School Supervisor Bradshaw's earlier motion that the Board approve the balance of Phase II, in the amount of $5,438,802, as presented deleting the funding. of $515,000 for a new Windsor Elementary School passed (3-2) with Chairman Cofer, Supervisor Bradshaw and Supervisor Bradby voting in favor and Supervisors Spady and Spivey voting against the motion. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FOUR HUNDRED THOUSAND DOLLARS FROM THE 1994 SCHOOL BOND ANTICIPATION NOTE TO THE SCHOOL CONSTRUCTION FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, 22 B~oK 16 PACE 257 Virginia has approved the school construction program; and, _~ i WHEREAS, the funds in the amount of four hundred thousand dollars ($400,000) need to be appropriated from the 1994 School Bond Anticipation Note to the school construction fund 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 four hundred thousand dollars ($400,000) from the 1994 School Bond Anticipation Note be appropriated to the school construction fund 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 .the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). 1 1 County Administrator Caskey stated in January the Board directed staff to bring recommendations relative to an analysis of the County's solid waste management needs and a system to address such short and long-term needs of the County. Mr. Caskey stated a task force was formed consisting of the Director of .Planning and Zoning, the Assistant to the County Administrator, the Director of Budget and Finance and the Director of Public Works and included in the agenda is a report .which provides recommendations for the Board's consideration. Mr. David stated the County's current system involves solid waste collection and recycling and consists of 275 green box dumpsters of 14 yards in size. There are 45 dumpster sites having from one to nineteen dumpsters per site. The five front loading trucks .servicing these locations are marginally operational at this time. Two of the trucks are routinely used with three trucks which are continually placed in service functioning as backups. There are 14 recycling con#ainers serviced by SPSA at seven sites in the County. There is one transfer station operated by SPSA with a limited collection service for tires, household waste, etc. operated by the Department of Public Works on a limited basis. The Board was previously presented asix-site area operating 10 convenience collection facilities with the first three being in the Carrollton, Courthouse and Windsor areas. Iri making an assessment, there are certain points to be considered: (1) what. type of services will be provided to current and future County residents, (2) should there be different levels of service based on the purpose and delineation of three development service districts in the Comprehensive Plan, (3) is the equipment of this system to be constructed by the County, SPSA or a third party contractor, or a combination .thereof, (4) is this system to be operated by the County, SPSA or a third party contractor, or a combination thereof and (5) is this future solid waste collection system capable of providing "easy transition to door-to-door collection in designated areas. Once these points have been reviewed along :with other associated issues, such as location, various alternatives can a then be explored as to 23 i BAOK ~.6PAGE 25(7 customer acceptance, financial feasibility for. the capital and operational costs and short and long-.term efficiencies. The first phase proposed is to locate four manned collection centers which would involve the conversion of the. Jones Creek and Carrsville sites, development of a site at the Courthouse area and development of a site in the Windsor area. The general areas are in the Development Service Districts as designated in the Comprehensive Plan which would be fixed sites at ground level and be full service. Once these centers come on line, the green dumpster sites located in the general vicinity will be discontinued. The second. phase should be responsive to the redistribution of the waste stream and this proposal was developed for not more than ten unmanned sites which will be flat, fenced, lighted and graveled and contain several options: (1) a 40 cubic yard container with compactor or (2) a 25 cubic yard container. The first of the unmanned sites to be built should be in the Camptown area which is one of the most heavily used areas in the County. The Development Service Districts can serve to designate the general location for door-to-door collection services at, some future date. Relocating and discontinuing the proposed unattended roll off/roll on facilities offers flexibility when transitioning to door-to-door collection in these designated Districts. The proposed alternative presents an opportunity for the County to achieve an efficient and cost effective solid waste collection service for its residents and such changes could be addressed via public education efforts. The proposed alternatives offer short term solutions to the solid waste collection provided by the County and along-term plan may need to be formulated for a more cost efficient door-to-door collection system as future increases in population and household densities occur throughout the Districts. Supervisor Spady suggested a site be found for the Morgarts Beach area because of the heavy population. Mr. David stated the County will ensure that each of the unattended sites are convenient and located on or in proximity to a major arterial roadway. Supervisor Spady asked if the proposed plan calls for compactors at the unmanned sites. Mr. David stated there could be a potential for a full compactor at these sites with the compaction occurring at some time during the day. Mr. David stated the County's cost is fixed and the idea is to compact trash at the site, however, there are some sites that would lend themselves not to have compaction because there is not that much waste being dropped off. This would be where open containers should be placed. Supervisor Bradshaw moved the Board direct the County Administrator to pursue implementing the project with the first four manned convenience center sites. The motion was adopted unanimously (5-0). Chairman Cofer moved the Board authorize the County Administrator to solicit RFPs from phone vendors for. a new telephone system that will meet the County's needs and bring the information back to the Board at 24 .~ 1 .~. 800K ~6PAGE4~9 their April 20, 1995 meeting. The motion was adopted unanimously (5-0). Supervisor Spivey moved the Board adopt the following resolution: L] RESOLUTION TO APPROPRIATE THIRTEEN THOUSAND EIGHT HUNDRED THIRTY-ONE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE. OF THE GENERAL FUND FOR THE JONES CREEK PUBLIC BOAT RAMP PROJECT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved. the additional expenditures for the Jones Creek Public Boat Ramp project; and, WHEREAS, the funds in the amount of thirteen thousand eight hundred thirty-one dollars ($13,831) need to be appropriated from the unappropriated fund balance to the Jones Creek Public Boat Ramp project line item in the 1994-95 budget of the County of Isle of Wight. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle. of Wight, Virginia that thirteen thousand eight hundred thirty-one dollars ($13,831) from the unappropriated fund balance be appropriated `to the Jones Creek Public Boat Ramp project 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 the things necessary to give this resolution effect. The motion passed (4-1) with all members voting in favor except Supervisor Bradshaw who voted against the motion. Supervisor Spivey further moved. the Board approve the line item transfer of $4,967. The motion passed (4-1) with all members voting in favor except Supervisor Bradshaw who voted against the motion. County. Administrator Caskey stated the Board was previously advised of concerns expressed by I.N. Jones, III, Fire Chief, Smithfield Volunteer Fire Department, of the need fora 20,000 gallon water storage tank for fire suppression purposes at the Courthouse complex. Mr. Casket' stated the possibility of utilizing a dry fire hydrant located on property adjoining the Courthouse complex was also. discussed and the Director of Public Utilities has advised that such an alternative is not feasible. Mr. Caskey stated for the Board's consideration is a cost ..estimate for the installation of a horizontal storage tank in the amount of $24,920 which has been amended aE a cost of $28,820- which reflects an additional hydrant and. pipe. Mr. Casket' stated an estimate is also provided for the Boarda consideration. if that same system were to be constructed as a 20,000 gallon vertical storage tank. Supervisor Bradshaw asked the. County Administrator the status of the i 3 tank in Carrsville. enox 16 PAGE ~6Q County Administrator Caskey stated the Director of Public Utilities and Director of Public Works were requested to check the tank although he has not received a report from them. Supervisor Bradshaw stated supposedly there is a 6" well and 10,000 gallon tank that is not being used although he does not understand why the biggest well in Carrsville is not being utilized. Supervisor Spady suggested the Board . have staff do further investigation on the system in Carrsville and ask Chief Jones to come to the continued meeting to .discuss the matter in further detail. Supervisor Spady moved the Board table consideration of the matter until the continued meeting on March 30, 1995. The motion was adopted unanimously (5-0). Alan Nogiec requested .the Board's consideration in appropriating $3,600 for storage rental costs for an additional three months until the new storage facility located behind the Public Works Department is completed on May 1, 1995. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THREE THOUSAND SIX .HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE COUNTY OF ISLE OF WIGHT PUBLIC RECREATIONAL FACILITIES AUTHORITY FOR STORAGE RENTAL WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the six-month rental of a storage facility for the Public Recreational Facilities Authority; and, WHEREAS, the funds in the amount of three thousand six hundred dollars ($3,600) need to be appropriated from the unappropriated fund balance to the Public Recreational Facilities Authority 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 three thousand six hundred dollars ($3,600) from the unappropriated fund balance be appropriated to the Public Recreational Facilities Authority 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 the things necessary to give this resolution effect. 26 . •. Bf10K 1U PAGE 2U1 The motion was adopted unanimously (5-0). County Attorney Crook presented a request from the Real Smithfield Jaycees whose lease expires May 1, 1995 and who would like to renew it for an additional five-year period at the same rent. .Supervisor Spady moved the Board approve the Real Smithfield Jaycees' Lease renewal. The motion was adopted unanimously (5-0). County Administrator Caskey stated the Environmental Planner is a grant funded position through the Chesapeake Bay Local Assistance Department (CBLAD) which was initially funded in the amount of $30,000, however, the County was subsequently notified of grant funding in the amount of $25,000 for the current fiscal year which creates a shortfall of $3,950 in the budget for this position. Mr. Caskey stated staff has corresponded with CBLAD based on information that there may be surplus funds available to be applied to the shortfall. Mr. Caskey requested the Board's permission to make the necessary transfer of funds. from the compensation line item in the event no .additional monies are made available from CBLAD. Supervisor Bradshaw moved the Board table consideration of the matter until the April 20, 1995 meeting.. .The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution: RESOLUTION TO AUTHORIZE THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE TWENTY-FIVE THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE COMMONWEALTH OF VIRGINIA, CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT 1 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the development, submission and receipt of a grant from the Commonwealth. of Virginia, Chesapeake Bay Local Assistance Department for the Chesapeake Bay Preservation Act Program; and WHEREAS, the funds in the amount of twenty-five thousand dollars ($25,000) or so much as shall be received from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department needs to be appropriated to the Chesapeake Bay Preservation Act Program line item in the 1995-96 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-five thousand dollars ($25,000) or so much as shall be received from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department be appropriated in the 1995-96 budget of the County. of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County e~ux ~ ~ ~~spac~Z~? 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 Caskey .stated the Board tabled consideration at their February meeting of a proposal submitted by Mr. Nogiec regarding ~ the dedication of a wall space honoring local volunteers. Supervisor Spady suggested rather than creating a mural on the wall a plaque 18" by 18" may suffice showing the volunteer of the year, the date and on the side a picture. Mr. Nogiec .stated he would recommend identifying the first two year's volunteers, Mrs. Keen and J. B. Newsoms, because they have not yet received this recognition. Supervisor Spivey recommended members of various volunteer organizations be involved in selecting the Volunteer of the Year. Mr. Nogiec was directed to work with the County Administrator on .~ a plaque to be located downstairs in the. Courthouse. County Administrator C~skey stated the Board at their February meeting deferred action on the Two For Life Program Resolution contained in the agenda and referred the allocation of the grant funds to the Volunteer Fire Departments and Rescue Squad Association for a recommendation. Mr. Caskey stated the Chairman of the Association requested that the Board delay deciding on the distribution in order to give the Isle of Wight and Windsor .Rescue Squads an opportunity to attend the meeting of the Association to further. discuss the matter. Supervisor Bradshaw moved the Board table consideration of the following resolution until the April 20, 1995 meeting: RESOLUTION TO ACCEPT AND APPROPRIATE ELEVEN THOUSAND FOUR HUNDRED SIXTY-FOUR 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 eleven thousand four hundred sixty- four dollars ($11,464) need to be appropriated to the Isle of Wight Volunteer Rescue Squad, Windsor Volunteer Rescue Squad and Carrollton Volunteer Fire Department 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 28 1 i snoK 16 eacE ~6~ of Supervisors of the County of Isle of Wight, Virginia that eleven thousand four hundred sixty-four dollars ($11,464) be appropriated to line items 11- 3203-5605A, Isle of Wight Volunteer Rescue Squad ($6,878), 11-3203-5605B, Windsor Volunteer Rescue Squad ($3,439) and 11-3202-5604A, Carrollton Volunteer Fire Department ($1,147} 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 for this program and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: A RESOLUTION IN SUPPORT OF FEDERAL LEGISLATION AUTHORIZING LOCALITIES TO EXERCISE WASTE FLOW CONTROL WHEREAS, Isle of Wight County, Virginia is a participating jurisdiction in the Southeastern Public Service Authority of Virginia (SPSA) which operates an integrated solid waste management system utilizing recycling, waste-to- energy, landfilling, public education and specialized waste management programs;. and, WHEREAS, SPSA has in place contracts with its eight member communities ' requiring them to deliver or cause to be delivered 95% of the waste generated by or collected wikhin each community; and, WHEREAS, the United States Supreme Court has ruled that such contracts are not enforceable without express authority from the United States government. WHEREAS, without said. authority from the United States government, the eight member communities will be .severely and negatively impacted financially. NOW, THEREFORE, BE IT HEREBY RESOLVED that. the. Board of Supervisors of the County of Isle of Wight, Virginia requests support of H.R. 24 and S 398 which authorizes local governments. to exercise waste flow control. The motion was adopted (4-0). Supervisor Spady was not present for I the vote. 1 Chairman Cofer stated the Chief Administrative Officers of SPSA met and are reviewing a $9 per ton reduction in the proposed tipping fee. `s County Administrator Caskey stated he received by certified mail formal notification from Insight Communications advising of their commitment of the franchise renewal process. 29 BOON ~ ~ 16 PAGE ~64 Supervisor. Bradshaw stated Insight Communications is requesting the County to give its view regarding future cable needs. Supervisor Bradshaw further stated he would like for the Economic Development Director to meet with the Planning Commission to establish what the County's future needs will be. County Attorney Crook stated the franchise between Insight Communications and the County does not expire for another year, however, under the new Federal legislation, .Insight Communications can initiate renegotiation of the agreement. Mr. Crook stated the County is being put on notice that Insight wants to renegotiate the agreement and Supervisor Bradshaw's suggestion would be very helpful in negotiating this agreement. Supervisor Bradshaw moved the Board refer the matter to the Director of Economic Development and the Planning Commission to establish the future cable television related needs and interest of the County. The motion was adopted unanimously (5-0). County Administrator Caskey stated the County has been advised by the Department of Criminal Justice Services of pending changes in the funding for local correctional services. Mr. Robertson stated a conference, scheduled for April 3rd, 4th and 5th in Richmond., is designed to inform specifically what the County's alternatives are and the sources of funding. Mr. Robertson stated the Sheriff and the Commonwealth. Attorney, if needed, will be attending the conference and additional information will be presented to the Board at their April 20, 1995 meeting. Supervisor .Spivey stated he would suggest the, Board send a representative from Probation and Parole and after the conference see if the. County would be interested in any application for a grant in cooperation with Suffolk. Mr. Robertson ,requested the Board to defer action until after the additional information is received. County Administrator Caskey stated provided in the agenda is a survey which was received from Land Services of America, Inc. regarding the County's interest in hosting a medium security prison. Chairman Cofer moved the Board advise Land Services of America, Inc. that the County is not in favor of hosting a 1,500 bed, medium security. prison.. The motion was adopted unanimously (5-0). Chairman Cofer moved the Board adopt the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY RECOGNIZING APRIL 3RD THROUGH APRIL 9, 1995 AS PUBLIC HEALTH WEEK 30 1 snoK ~ ~~ PacF ~65 WHEREAS, promoting good health and an excellent quality of life for all Isle of Wight County residents through prevention is of major importance to our County; and, WHEREAS, appreciating that public health .programs and services benefit everyone, regardless of race, ethnicity, and socioeconomic stratum and are essential ingredients in a strong, successful local health care system; and, WHEREAS, acknowledging that public health activities protect us from infectious diseases, environmental and workplace hazards, chronic diseases, unintentional injuries, and violence; and, WHEREAS, realizing that educating people about the benefits of adopting healthful behaviors can empower them to attain good health and prevent needless suffering; and, WHEREAS, public health workers in times of natural disas#ers and other catastrophic events have given selflessly to aid those in need; and, WHEREAS, public health workers in states and communities across the- country play crucial roles in ensuring that all Americans have the opportunity to be healthy people living in healthy communities in a healthy world. 1 NOW, THEREFORE, BE IT RESOLVED by the Board. of Supervisors of the County of Isle of Wight that April 3rd through. April 9th, 1995 be recognized as Public Health Week in Isle of Wight County. and that the Board calls its significance to the attention of all our citizens through celebrations with activities that promote health and acknowledge the many benefits of public health to our citizens. The motion was adopted unanimously (5-0). County Administrator Caskey noted $b,620.b3 was collected by the delinquent tax collection attorney for the month of February 1995 at a cost to the County of $2,226.93, which represents 34% of the amount collected. Supervisor Bradshaw moved the Board accept the report as presented. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board authorize the residual equity transfer from the Public Utilities Department to the Public Service .Authority. The motion was adopted unanimously (5-0). Supervisor .Bradshaw .moved the .Board authorize the County Administrator to work with the Director of Budget and Finance and the County's financial advisor to devise a .plan .for. funding of the $5.4 million <; approved for the continuation of Phase II school construction. The motion was adopted unanimously. (5-0). // 31 8008 ' ~6 PAGE ~UU Chairman' Cofer called for Old Business. The application of Judy H. Whitley and Henry J. Whitley, Jr., owners and lessors, and the Isle. of Wight County Board of Supervisors, lessee, for a Special Use Permit to operate a solid waste collection/convenience center on approximately two (2) 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. Mr. David stated a public hearing was conducted and the matter tabled to allow the lease agreement for the property to be finalized. Mr. David stated it may be advisable to review the site as a collection center site rather than as a collection convenience center. Supervisor Bradshaw moved the Board deny the application. The motion was adopted unanimously (5-0). // Chairman Cofer called for New Business. There was no new business offered for discussion by the Board. tl Chairman Cofer called for Appointments. Chairman Cofer moved the Board reappoint Phillip A. Bradshaw to the Public Service Authority, .representing the Carrsville District, for an additional four-year term which will expire in March of 1999. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint the following individuals to the Overall Economic Development Plan Committee for an additional one-year term whose terms will expire in March of 1996:. Edna R. King, Ron Pack, Pete Carr, Robert Claud, O. A. Spady, Alan Monette and Lynn Harris. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Whitney Erin West to the Youth Services Advisory Board, replacing Tencheia Lankford, .as the "under 18" representative far aone-year term which will expire in March of .1996. The motion was adopted unanimously (5-0). County Aktorney Crook stated on the Recreational Facilities Authority the resolution creating the Authority does not address a member continuing in office whose term has expired, however, the State statute provides for Recreational- Authorities that if at the end of any term of office of any director a successor thereto shall not have been appointed, then the director whose term of office expires shall continue to hold office until a successor 32 1 a 1 r: 1 1 .BOOK ~~FQGE ~~~ shall be appointed and qualified.. // Chairman Cofer called for approval of the February 16, 1995 minutes. Supervisor Bradshaw moved the Board adopt the February 16, 1995 minutes as presented with an amendment on Page 3 to reflect the "Director.. of Economic Development'° rather than -the "Director of Budget and Finance". The motion was adopted unanimously (5-0). // County Attorney Crook requested an executive session pursuant to Section 2.1-344 A1, A3 and A7 of the Freedom of Information Act for discussion with staff and advice of counsel on property acquisition,. use of public property, potential litigation and a personnel matter. At 11:00 p.m., Supervisor Spivey 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 12:20 a.m., Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open. meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies,. and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed. or considered by the Board of Supervisors. VOTE AYES: 5 i NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 33 BOOK ~ ~ ~6 PAGE ~.UO The motion was adopted unanimously (5-0). Supervisor Spady moved the Board approve payment of the bill for Stephen Edwards, real estate appraiser, in the amount of $750. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reinstate the fourth quarter payment for operating funds for the Windsor Volunteer Rescue Squad. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board direct the County. Administrator to write the Sheriff requesting his, assistance in surveillance, apprehension and prosecution of violators of trash dumpster sites, specifically Carrsville. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board continue the meeting until 4:00 p.m., Thursday, March 30, 1995. The motion was adopted unanimously (5- 0). t Malcolm T. Cofer, Ch rman rl