Loading...
01-07-1988 Regular Meetingrig: C 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steve W. Edwards Thomas L. Ross Richard L. Turner Also>attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Kenneth Z. Chandler, Assistant to the County Administrator Terry D. Lewis Planning Director Hilda W. Harmon, Budget and Finance <~ Coordinator Betty Scott, Assistant Clerk County Administrator Standish called the meeting to order at 2:OO P.M. The invocation was delivered by Supervisor Turner. // County Administrator Standish called for nominations for Chairman of the Lsle of Wight County Board of Supervisors for the year 1988. Supervisor Bradshaw nominated Supervisor Bradby for Chairman. County Administrator Standish closed nominations for Chairman. Supervisor Bradby was elected as the 1988 Board of Supervisors Chairman by unanimous (5-0) vote of the Board. County Administrator Standish turned the meeting over to Chairman Bradby. Chairman Bradby called for nominations for Vice Chairman of the Board of Supervisors for the year 1988. Chairman Bradby nominated Supervisor Bradshaw. Supervisor Bradshaw. was elected as Vice Chairman of the Board of _ Supervisors for the year 1988 by unanimous vote of the Board (5-0). // R. W. Coates, Resident Engineer, Virginia Department of Highways and Transportation, informed the Board members worked had begun on the signal on Route 704. Supervisor dwards stated he had met with several citizens in the vicinity of Routes 620 and 258 intersection. Supervisor Edwards continued stating the citizens expressed concern about the difficulty of seeing the stop sign on Route 620 and asked Mr. Coates if a study could be made to determine the possibility of lowering the speed limit at said intersection. 1 Mr. Coates stated he would have the traffic engineer conduct a study and advise County Administrator Standish accordingly. . /J Chairman Bradby welcome Supervisor Edwards as a new Board of Supervisors member. // The Chairman called for a public hearing on the following rezoning applications: 1. The application of Kenneth Williams, owner, ,. +k ,~_ . and Leland and Rose Black, prospective owners, for a change in zoning classificat- ion from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, approximately one acre of land located on the east side of Route 17, between Routes 661 and 662, in Newport Magisterial District. The purpose of the application is for the permanent location of one mobile home. Kenneth Williams appeared. No one appeared in opposition. The Planning Commission voted unanimously to recommend approval, stated County Attorney Crook.. County Attorney Crook advised the Board members Mr. Williams needed to obtain a variance from the Board of Supervisors for the subdivision, under Section 7-28-4 of the Subdivision Ordinance, because the lot does not meet the requirement of being located on a public road. Mr. Crook stated this should be done prior to approving the rezoning application. On motion of Supervisor Turner, the Board voted unanimously (5-0) to grant the variance for the subdivision under Section 7-28-4 of the Subdivision Ordinance. Supervisor Turner moved the Board approve the rezoning application of Kenneth Williams, owner, and Leland and Rose Black, prospective owners, for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, approximately one acre of land located on the east side of Route 17, between Routes 661 and 662, in Newport Magisterial District. The vote in favor was unanimous (5-0). 2. The application of M. H. Holland, owner, and Jean E. Barcroft, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Urban Mobile Home District, approximately 3 acres of land located on the west side of Routes 649 and 646, in Hardy Magisterial District. The purpose of the application is for a three lot mobile .home subdivision. Jean E. Barcroft appeared and stated, "It is a 3 acre parcel of land located between Routes 646 and 649". Mrs. Barcroft continued stating mobile homes are in the area and she would like to subdivide the three acres into one acre parcels. Nirs. Barcroft further stated there will be objections from adjoining property owners who also live in mobile homes. .Don Farmer, adjoining mobile home. owner, spoke in opposition stating he does not feel a mobile home subdivision is needed in the area and he feels it is a mistake for the County to okay the subdivision because it is an area that must be controlled. Mr. Farmer stated the Planning Commission voted against the rezoning. Supervisor Turner referred to the Planning Commission's concern regarding the possibility of strip development and stated the Planning Commission had turned down something. that is already in the area and asked,."Why turn-this down if they approved others?". Supervisor Ross queried Mrs. Barcroft if the lots will be sold to individuals or rented, to which Mrs. Barcroft replied, "Sold to individuals". County Attorney Crook stated the Planning Commission expressed concern about strip development along the highway. 1 1 ,~ so~~s ~;i4 ~N~ 03 Planning Director Lewis further explained the Planning. Commission's concerns and decision. 1 Mrs. Barcroft stated two lots will have a 280 foot frontage and the other lot will have 250 foot frontage; good size lots. When. questioned by County Attorney Crook, Mrs. Barcroft stated no restrictions had been made as to whether the mobile homes should be double wide or single units. M. H. Holland appeared and stated the property he is trying to sell has trailers all around it and he never made any complaints when their property was rezoned and sold. Mr. Holland continued stating he has good neighbors and it is a good neighborhood. Mr. Holland further stated he feels the Board of Supervisors should recognize he did not vote against anyone putting up a mobile home. and does not feel anyone should complain about him selling his property for mobile homes. Supervisor Turner stated he feels if it was an individual situation the Board would pass it; however, even though a reactor will be purchasing the land and making a profit, he does not feel it would make any difference because there will be three dwellings and three individual. landowners. Mr. Farmer stated he feels the Board should not keep on following the past policy and expressed concern relative to the septic tanks for the proposed subdivision. 1 Wayne Rowe, landowner across the road, stated he moved from Virginia Beach to get away from crowds and now people are moving in his front door. Mr. Rowe continued stating he owns 3 1/2 acres zoned A-1 and he is opposed to the rezoning if it will be divided into one acre parcels; however, if sold as a three acre parcel he had no objection. Supervisor Bradshaw stated he feels all property owners should be treated fair and maybe the Planning Commission needs to make some changes in their policy. Supervisor Bradshaw further stated he does not feel it is right to deny one and pass another.. Supervisor Turner moved the application of M. H. Holland, owner, and Jean E. Barcroft, prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Urban Mobile Home District, approximately 3 acres of land located on the west side of Route 646, between Routes 649 and 646, in Hardy Magisterial District be approved. The motion passed by unanimous vote (5-0) of the Board. 3. The application. of Thomas C. and Joanne Everett for a•change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home. District, 10.82 acres of land located on the south side of Route 646, between the Southampton County line and Route 681, in Hardy Magisterial District. The purpose of the application is for the permanent location of one mobile home. 1 No one appeared in favor or in opposition. The Planning Commission voted to recommend approval, stated County Attorney Crook. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the application of Thomas C. and Joanne Everett for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District, 10.82 acres of land located on the south side of Route 646, between the '~~' e Southamtpon County line and Route 681, in Hardy Magisterial District. 4. The application of Lloyd Duck, owner, and Roy Austin, Jr., prospective owner, for a change in zoning classification from A-1, Agricultural Limited, to Con- ditional R-MH-A, Conditional Rural Mobile Home District, 1.5 acres of land located on the north side of Route 619, between Routes 258 and 619, in Windsor Magisterial District. The purpose of the application is for the permanent location o~ one double wide mobile home. Roy Austin, Jr. appeared. No one appeared in opposition. The Planning Commission voted unanimously to recommend approval. Supervisor Bradshaw moved the Board approve the application of Lloyd Duck, owner, and Roy Austin, Jr., prospective owner, for a change in zoning classification from A-1, Agricultural. Limited, to Conditional R-MH-A, Conditional Rural Mobile Home District., 1.5 acres of land located on the north side of Route 619, between Routes 258 and 619, in Windsor Magisterial District. The motion carried unanimously (5-0). // Chairman Bradby welcomed Sheriff C. W. Phelps. // Terry D. Lewis, Planning Director, presented the following subdivision items for the Board's considerations 1. Winfalls Estate Construction Performance Bond Mr. Lewis stated the subdivision was approved by the Board November 5, 1987 and the developer's engineer has submitted a construction estimate in the amount of $91,415,00. Mr. Lewis further stated the estimate has been reviewed and concurred with by the Department of Highways and Transportation. Mr. Lewis recommended the Board establish a construction bond in the amount of $100,556.00 ($91,415.00 plus 10~). Supervisor Ross moved the Board accept the recommendation of Planning Director Lewis to establish the construction bond in the amount of $100,556.00 for the Winfalls Estate. The motion passed unanimously (5-0). 2. Griffin Subdivision Plat Reapproval Mr. Lewis stated the Griffin brothers failed to record the plat within the specified time frame in the subdivision ordinance and, therefore, the plat has become void. Mr. Lewis recommended the Board grant an exception to Section 5-8 of the Subdivision Ordinance which sets a deadline for recordation of a plat following County approval. County Attorney Crook stated Ann Simpson Jones, attorney, was present on behalf of the applicants and he would.. make some comments following Mrs. Jones' presentation. Ann Simpson Jones, attorney representing the applicants, stated the Harold and Hendricks Griffin plat was approved by the Board in January 1987, was mailed to her clients and they did not know what to do with it, so laid it aside.. Mrs. Jones stated it was their mistake in not getting it recorded timely. Mrs. Jones continued stating there has been no change in.circumstances and asked the Board to reapprove the application. Mrs. Jones further 1 i~ 30?~( ~~~ ryti~ ll~~ stated the Board could be assured it will be recorded timely. County Attorney Crook advised the Board members they could not extend the time to record the plat. Therefore, it would necessary to reapprove the plat, said. County Attorney Crook. County Attorney Crook .then inquired of Mr. Lewis if there had been any subdivision ordinance amendments in the interim that would apply to the plat and Mr. Lewis replied, "No". Mr. Crook then advised the Board it would be in order to reapprove the plat. On motion of Supervisor Bradshaw, the Board voted unanimously (5-0) to reapprove the Griffin subdivision plat. 3. Hoff Subdivision variance to minimum right-of-way requirements Mr. Lewis stated the landowners are seeking subdivision approval under subdivision ordinance section 3-4-1 which permits up to three lots to be subdivided without frontage on a public road. Mr. Lewis recommended the Board grant permission for a smaller right-of-way presently used by the landowner to reach his property and by other adjoining property owners to reach their properties. Supervisor Ross moved the Board accept Mr. Lewis' recommendation to grant permission for a smaller right-of-way because there is an existing right-of-way presently used by the landowners to reach their property and by other adjoining landowners to reach their property. The motion carried unanimously (5-0). // 1 County Attorney Crook stated he had several items for executive session later during the meeting. /1 County Administrator Standish informed the Board members the County has recently been advised by representatives of the. VPI Extension Service of the availability of a training .program directed to local Planning Commission members and asked Assistant County Administrator/Community Development Director, W. Douglas Caskey, to give a short report to the Board. Mr. Caskey stated that Evelyn Chandler and George Winslow, Planning Commission members, and himself had worked with the VPI Extension representative, Michael Chandler, to conduct a one day seminar for Planning Commission members. Dir. Caskey continued stating several meetings have been held and as a result have established a one day seminar, to be held March 5, 19:88, in cooperation with the City of Suffolk. The place of the meeting will be confirmed later, said Mr. Caskey. Mr. Caskey continued stating an invitation is being extended to the Board to attend and advised the Board they would be receiving a survey, through the mail, as to what Planning Commission members do, land use, etc. and asked the Board's cooperation in completing and returning same to Mr. Chandler at VPI. County Administrator Standish stated the Board had previously approved an agreement with an engineering consulting firm regarding the closeout of operations for the County°s debris landfill. Also, the. Board approved the cessation of all operations at the landfill and directed that formal, state approved closeout procedures commence, said County Administrator. Standish. Therefore, it would be appropriate to void all previous contractual agreements with Malcolm Pirnie and reduce the scope of work to only that which is necessary to close the landfill permanently,. said County Administrator Standish. County Administrator Standish recommended an agreement with. Malcolm Pirnie and the County be entered into for this narrowed scope of work and stated funds, in the amount of $9,500.00, are in the current budget for this effort. County Attorney Crook advised that the motion should include designation of the County Administrator as the County's agent in the agreement and that the Chairman be authorized to sign the agreement. Supervisor Turner moved the Board concur with the motion as stated by County Attorney Crook. The vote in favor was unanimous (5-0). AGREEMENT BETWEEN ISLE OF WIGHT COUNTY and ' MALCOLM PIRNIE, INC. THIS AGREEMENT, made this 7th day of January, 1988 by and between Isle of Wight County, Isle of Wight Courthouse, Isle of Wight, Virginia 23397 (OWNER) and Malcom Pirnie, Inc., 2 Corporate Park Drive, White Plains, New York 10602, (ENGINEER), with an office at 301 Hiden Boulevard, Newport News, Virginia 23606. WHEREAS, the OWNER desires to employ the ENGINEER to render certain professional engineering services related to Isle of Wight County Landfill Closure; and WHEREAS, the ENGINEER, is willing to provide these services for the consideration and upon the terms hereinafter stated; NOW THEREFORE, in consideration of these premises and of the mutual convenants herein set forth, the parties hereto agree as follows: SECTION 1. BASIC SERVICES OF THE ENGINEER 1.1 It is agreed that the ENGINEER'S obligations under this Agreement run to and are for the benefit; of only the OWNER. 1.2 The-scope and details for the services to be performed under this Agreement are mare fully described in Exhibit 2, Scope of Basic Services, attached hereto and made a part hereof. SECTION 2. OPTIONAL SERVICES BY ENGINEER 2.1 One or more additional services may be required in carrying out the work. Because it is not possible to determine iri advance the need for such services, they are included as separate from the basic services. These optional services will be undertaken only upon written authorization by the OWNER. 2.2 Exhibit 2, Scope of Optional Services, describes those optional services which may be provided by the ENGINEER under this Agreement. SECTION 3. SERVICES BY OWNER 3.1 It is agreed that certain services shall be performed or furnished by the Owner. These services include: 3.1.1 Assisting and cooperating with the ENGINEER in. completing the work in a timely and effective manner. 3.1.2 Designating a representative who shall II 1 ~~ ,~, ff~~ "7 BO~+t V~ ~ r.r O r u have authority to transmit instructions, receive notices and information and enunciate OWNER'S policies and decisions; the OWNER'S representative shall be the County Administrator. 3.1.3 Arranging for and holding promptly any required meetings, including the provision of meeting facilities and the serving of all required public and private notices; 3.1.4 Providing access to and obtaining permission for the ENGINEER to enter upon public and/or private lands as required for ENGINEER to performance surveys, observations or other necessary functions; 3.1.5 Furnishing required approvals, permits or .consent from governmental or regulatory bodies or others., necessary for the completion of the work; 3.1.6 Making available to the ENGINEER all of its existing information which may in any. way be pertinent to the work herein described; 3.1.7 Responding within a reasonable time to .the ENGINEER'S requests for written decisions or determinations, pertaining to the work, so as not to delay the services of the ENGINEER. 3.1.8 Giving prompt written notice to the ENGINEER whenever the OWNER becomes aware of any event, occurrence, condition or circumstance which may substantially affect the ENGINEER'S performance of services under this Agreement; 3.1.9 Taking all municipal, corporate or other action necessary to authorize, finance and carry out this. Agreement and to ensure that this Agreement constitutes a valid and binding Agreement. of OWNER. SECTION 4. TIME SCHEDULE 4.1 The ENGINEER shall commence the performance of the~Basic Services upon execution of this Agreement by both parties which shall constitute Authorization to Proceed. 4.2 The ENGINEER recognizes that the Basic Services under this Agreement are to be performed as expeditiously as is practical. Every reasonable effort will be made to substantially complete the Basic Services within a twelve month period after Authorization to Proceed. 4.3 Performance of any of the Optional Services described in Section 2 will commence only upon separate written authorization by the OWNER and shall be completed in accordance with a schedule set forth in such authorization. SECTION 5. AMOUNT AND METHOD OF PAYMENT JOD!t V~ "~~'• Vii.%t. ~/'s' 5.1 For services provided under Section 1, Basic Services, and Section 2, Optional Services, payment shall be made in accordance with Exhibit 3, Method of Payment. SECTION 6. CHANGES 6.1 The OWNER may, at any time, by written order, make changes in the services of work to be performed within the general scope of this Agreement. 6.2 If such changes cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, an equitable'adjustment shall be made and this Agreement shall be modified in writing accordingly. SECTION 7. SUSPENSION OF WORK 7.1 The OWNER may order the ENGINEER in writing to suspend, delay, or interrupt all or any part of the ENGINEER'S services for such period of time as the OWNER may determine to be appropriate. 7.2 If the performance of all or any part of the ENGINEER'S services is suspended, delayed, or interrupted by the OWNER'S. act or failure to act, an adjustment shall be made for any increase in the cost of performance of this Agreement (including profit) caused by .such suspension, delay, or interruption and the Agreement shall be modified in writing accordingly. SECTION 8. TERMINATION OF AGREEMENT 8.1 It is expressly•understood and agreed that the OWNER may terminate this Agreement at any time b:~ giving the ENGINEER 10 days written notice either personally at one of the offices of the ENGINEER or by certified mail, return receipt requested, to the principal office of the ENGINEER. The ENGINEER may terminate this Agreement upon 10 days written notice if the OWNER does not pay the ENGINEER'S invoices within 60 days after receipt of the invoice by the-OWNER otherwise substantially fails to fulfill its obligations under this Agreement. 8.2 In the event that this Agreement is terminated. by either the OWNER or the ENGINEER, the ENGINEER shall be compensated for all services performed to the date of termination including reimbursable expenses then due. Such compensation shall be based on the arrangement set forth in Exhibit 3, unless otherwise agreed. For those portions of services rendered to which this arrangement cannot be applied,. payments shall be based upon reasonable .rates for the ENGINEER'S actual time spent on the work. SECTION 9. INSURANCE The ENGINEER shall secure and maintain such insurance as will protect the ENGINEER from claims under the Workers or Workmen's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of services under this Agreement to the extent such insurance is J 1 1 fl 9~]'~;~: U.~ ~ ;... of reasonably available. SECTION 10. GENERAL PROVISIONS 1 10.1 This Agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties., respectively. 10.2 Interpretation and enforcement of this Agreement shall be in accordance with the laws of the State of New York. 10.3 In the interest of minimizing disputes, OWNER and ENGINEER agree that if a dispute or claim arises causing Legal Expense, the complaining party shall pay to the defending party an amount equal to the defending party's total Legal Expense incurred as a result of the dispute or claim multiplied by the Non-Recovery Ratio. 10.3.1 Legal Expenses is the sum of all attorney's fees, witness and reproduction expenses, and court ' .fees reasonably related to the dispute or claim. 10.3.2 The Non-Recovery Ratio = 1.0 minus X/Y. X = amount paid to complaining party by way of judgment. or settlement and Y = original amount claimed by complaining party. 10.3.3 The amount paid to the defending party under this provision. 10.3 is intended as an adjustment of the amount paid under Section 5 and is not intended as indemnification as that term is commonly understood. IN WITNESS WHEREOF, the OWNER and the ENGINEER, acting herein by their duly authorized representatives have hereunto set their hands this day and year first above written. • EXHIBIT 1 SCOPE OF BASIC SERVICES 1.1 The Isle of Wight County Landfill closure will be executed by OWNER forces. The ENGINEER will provide coordination and technical guidance to the Owner forces during the closure effort. 1.2 The basic services to be provided by the Engineer are the following: 1.2.1 Meet with Virginia Department of Waste Management staff not more than two times to determine specific closure requirements. 1.2.2 Provide Owner's forces with written technical guidance on specific closure -techniques. 1.2.3 Consult with Owner on closure progress. EXHIBIT SCOPE OF OPTIONAL SERVICES 1.1 The ENGINEER shall provide optional services- related to the Isle of Wight landfill closure upon receipt of written authorization by the OWNER to provide such services. Method of payment for optional services shall be agreed upon prior. to and described in the written authorization to proceed. 1.2 Upon receipt of written authorization, the ENGINEER will provide the following optional services: 1.2.1 Obtain field topography and/or boundary surveys necessary to meet closure requirements. 1.2.2 Provide drilling services and laboratory. soils .analyses. 1.2.3 Provide water quality sampling and testing results. 1.2.4 Review laboratory test reports of soils and water quality data. 1.2.5 Provide technical site .inspection of ongoing closure. process and provide reports to the OWNER, as required. 1.2.6 Participate in additional meetings beyond those indicated in Basic Services .with Virginia Department of Waste Management staff, other governmental agencies, as required. 1.2.7 Participate in meetings with - Owner-contracted forces involved in the closure process. AMOUNTS AND METHODS OF PAYMENT - OWNER TO PIRNIE EXHIBIT 3 METHOD OF PAYMENT (Multiplier With Maximum Amount) SECTION 5. PAYMENTS TO ENGINEER 5.1 Method of Payment for Services and Expenses of ENGINEER. 5.1.1 For basic services under Section 2, OWNER shall pay ENGINEER on the basis of salary cost times a factor of 2.25. The maximum cost of the ENGINEER'S services under Section 1 is $9500. 5.1.2 In addition to the payments under paragraph 5.1.1, OWNER shall pay ENGINEER the actual amounts of all reimbursable expenses as defined in 5.3.2. 5.1.3 The terms. "salary cost" and "reimbursable expenses" shall the meanings assigned to them in paragraph 5.3. 5.2 Times of Payment 5.2.1 ENGINEER shall submit monthly invoices for services rendered and for reimbursable expenses incurred. The invoices will be based upon the total services actually completed at the. time of billing. OWNER shall make prompt payments within 45 days after receipt of ENGINEER'S invoices. 1 1 ~t a ~, ~ ~o.. ~~ :r;;- 1 Payments received after 45 days shall bear interest at-the rate of 18 per month. 5.3 Definitions 5.3.1 Salary Cost is defined as actual. salaries of technical personnel, except Officers, for time directly chargeable to .the project, plus a factor for employee benefits such as vacation pay, sick leave, .unemployment and payroll taxes, contributions for Social Security, retirement benefits, life and medical insurance benefits, tuition and such other costs that are classified as employee benefits. Officers' actual salaries are fixed at $44.00 per hour. Salary cost is established at 1.4 times actual salary for services provided during 1988 and is subject to change annually. AMOUNTS AND METHODS OF PAYMENT - OWNER TO PIRNIE EXHIBIT 3 (continued) METHOD OF PAYMENT (Multipli.er With Maximum Amount) 5.3.2 Reimbursable Expenses .include the following when incurred in connection with the services rendered. under this Agreement. 5.3.2.1 Travel costs, including transportation, lodging, subsistence and incidental expenses incurred by personnel or consultants while in a travel status in connection with the performance of services required by this Agreement. Transportation includes automobile transportation at a rate in accordance with ENGINEER'S policy. 5.3.2.2 Equipment, Materials, Supplies (1) Long distance telephone, telegraph, and cable expenses to be incurred in connection with the performance of services required in connection with this Agreement. (2) Reproduction costs including blueprints, black and white prints, ozalid prints, photographs, photocopies, photostats, negatives; and express charges. (3) Commercial printing, binding, art work, and models. (4) Special equipment. 1 5.9 In the event that performance of the services. under this Agreement is delayed for reason beyond the control of the ENGYNEER or because the scope of such services is changed, the amounts set forth herein shall be subject to adjustment. County Administrator Standish informed the Board members a letter had been received from R. W. Coates, Resident Engineer, Virginia Department of Highways and Transportation, relative to conducting a public hearing on the "Six Year Plan" at the Board of Supervisors meeting on March 3, 1988. County Administrator Standish continued stating Mr. Coates recommended the Board delegate ~oc~~ ~:~.~ ,,~P '~ .... ._? appropriate staff to work with the Resident Engineer to prepare the proposed "Six Year Plan". On motion of Supervisor Turner, the Board voted unanimously (5-0) to conduct a public hearing at the March 3, 1988 Board meeting relative to the proposed "Six Year Plan". When asked by Supervisor Turner, County Administrator Standish stated he would recommend the Board appoint him (Mr. Standish), with the flexibility to pull in other staff as needed, to work with the Resident Engineer on the proposed "Six Year Plan". Supervisor Turner moved the Board concur with County Administrator Standish's recommendation. The motion passed by unanimous (5-0) vote of the Board. On motion of Supervisor Edwards, the Board voted unanimously (5-0) to adopt the resolution from the Virginia Department of Highways and Transportation to accept a street in the Carolwood subdivision into the State's secondary road system. RESOLUTION VIRGINIA: At a regular meeting of the Board of Supervisors of Isle of Wight, held in the Isle of Wight Courthouse on January 7, 1988 on motion of Supervisor Steve W. Edwards the following resolution was duly passed. WHEREAS, the Resident Engineer of the Virginia Department of Transportation has this day advised this Board that street in Carolwood Subdivision, Windsor Magisterial District, Isle of Wight County, Virginia has built in accordance with the Secondary Road Policies, and the Isle of Wight County Subdivision Ordinance Relating to Acceptance of Streets into the State's Secondary Road System: THEREFORE, BE IT RESOLVED, that the Commissioner of the Virginia Department of Transportation is requested to include into the Virginia Secondary Road System for maintenance the following described street in Carolwood Subdivision: TWIN CIRCLE: 'Beginning at a point on State Route 603, 0.18 miles east of its intersection with State Route 600 (south); thence, running in a southerly direction, 0.0'~ miles, .thence, running in an easterly direction 0.06 miles to a cul-de-sac. Length: 0.13 Mi. Right of Way: 50 feet Total Length: 0.13 Miles Unrestricted right of way fifty (50) feet in width and additional right-of-way for the cul-de-sac, along with the necessary drainage easements have been provided and are on record in the Office of the Clerk of the Circuit Court of Isle of Wight County in Plat Book 12, Page 121, dated August 16, 1985, and is guaranteed. County Administrator Standish recommended the Board adopt a resolution accepting and appropriating a contribution from the Ruth Camp Campbell Foundation Trust to the County`s volunteer fire~and rescue organizations in h'indsor and Carrsville. C r~ _ ~, L' 1 Supervisor Ross moved the Board concur with County Administrator Standish's recommendation to adopt the following resolution accepting and appropriating a contribution from the Ruth Camp. Campbell Foundation Trust to the County's volunteer fire and rescue organizationfi in Windsor and Carrsville. The motion carried unanimously (5-0). RESOLUTION TO ACCEPT AND APPROPRIATE SIX THOUSAND DOLLARS ($6,000.00) FROM THE RUTH CAMP CAMPBELL FOUNDATION FOR GRANTS TO THE WINDSOR .AND CARRSVILLE VOLUNTEER FIRE DEPARTMENTS AND THE WINDSOR RESCUE SQUAD WHEREAS, the Board of'Supervisors of Isle of Wight County, Virginia, has received a grant from the Ruth Camp Campbell Foundation for the Windsor and Carrsville Volunteer Fire Departments and the Windsor Rescue Squad, and WHEREAS, the funds in the amount of six thousand dollars ($6,000.00) to be received from the Ruth Camp Campbell Foundation need to be appropriated to the Windsor and Carrsville Volunteer Fire Departments and Windsor Rescue Squad line items in the 1987-1988 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that six thousand dollars ($6,000.00) to be received from the Ruth Camp Campbell Foundation be appropriated to line item 3202-56048, Carrsville Volunteer Fire Department ($2,000.00); 3202-56048 Windsor Volunteer Fire. Department ($2,000.00); and 3203-56048, Windsor Rescue Squad t$2,000.00) in the 1987-1988 budget of the County of Isle of Wight. BE TT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, 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. On motion of Supervisor Ross, the Board voted unanimously (5-0) to adopt the following resolution appropriating $9,600.00 from the Virginia Coastal Resources Management Program which was previously awarded to the County for aerial photographs of the tidal and wetlands areas of the County. RESOLUTION TO APPROPRIATE NINE THOUSAND SIX HUNDRED DOLLARS FROM THE VIRGINIA COASTAL RESOURCE MANAGEMENT PROGRAM FOR AERIAL PHOTOGRAPHY OF THE TIDAL SHORELINE OF ISLE OF WIGHT COUNTY D WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has contracted .with the Virginia Coastal Resource Management Program for Aerial photography of the tidal shoreline of Isle of Wight County, and WHEREAS, the funds in the amount of nine thousand six hundred dollars to be received from the Virginia Coastal Resource Management Program need to be appropriated to the aerial photography, contracted services line item in the 1987-1988 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that nine thousand six hundred dollars ($9,600.00) to be received from the Virginia Coastal Resource Management Program be appropriated to line item 8106-3009 contracted services ($7,253.00; and line item 8106-7002 equipment ($2,347.00) in the 1987-1988 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, 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. Supervisor Turner moved the Board approve a refund of $125.00 to William H. Harrell, Jr. for an invalidated septic tank permit, as requested by Building Official, Donald E. Goodwin. The vote in favor was unanimous (5-0). County Administrator Standish informed the Board members that Linda Bean, Director of Social Services, had further negotiated with DePaul Hospital in Norfolk relative to the state/local hospitalization contract fees and stated at this point the Board's alternatives appear to be to accept the renegotiated amount, or decline to accept contracts with fees in excess of the maximum amount previously approved. Following discussion, Supervisor Ross moved the Board not include DePaul Hospital in the state/local hospitalization contracts and that next year County Administrator Standish and Social. Services Director, Linda A. Bean, get together to set a limit. The-.vote in favor was unanimous (5-0). On motion of Chairman Bradby, the Board voted unanimously (5-0) to grant the request of the Southeastern Tidewater Opportunity Project (STOP) to relocate their office to available space in the old County Administrator°s Office Building at the Courthouse Complex. The use of same will count towards the County's contribution to the STOP Organization, stated County Administrator Standish. .County Administrator Standish informed the Board Judge James C. Godwin and Clerk of Circuit Court, William E. Laine, Jr., requested he (County Administrator) work with them to secure information costs, etc. relative to obtaining metal detectors for ti:e Sheriff's and Courts Building. Sheriff C. W. Phelps concurred. that metal detectors should be installed to secure the side door, as well as the front door. Supervisor Turner moved the Board instruct County Administrator Standish to bring back a report to the Board relative to securing metal detectors for the Sheriff's and Courts. Building. The vote in favor was unanimous (5-0 // ). Sheriff Phelps informed the Board members he needed four new vehicles and he had $47,000 in the budget for purchase of same. Sheriff Phelps continued stating the cost of four Ford Crown Victorias (state contract) would be $48,308.12, approximately $1,308..00 over budget; however, part of those funds can be recovered from the sale of old vehicles. The Sheriff further stated he needs two radios to be purchased, installed and a maintenance contract for same at a cost of $3,508.00 each. Following discussion and on. motion of Supervisor Turner, the Board voted unanimously (5-0) to grant the Sheriff's request to work with the County Administrator to either transfer funds within the Sheriff's budget and/or transfer funds from the Contingency Fund to the Sheriff's Department to purchase four vehicles and purchase, install and secure maintenance contract for two radios. Supervisor Edwards moved the Board direct County Administrator Standish to provide a reDOrt nn ,-t,o 1 1 --wi 397d U~ ~• "ra~ ~~~ 1 particulars on flooding along Ennis Run, including the role of the City of Norfolk water pumping and the impact on adjacent property owners. The motion carried unanimously (5-0). On motion of Supervisor Edwards, the Board voted unanimously (5-0) to instruct County Administrator Standish to secure information from Contel Telephone Company relative to the feasibility and alternatives. regarding toll free telephone calls as proposed in the 1988 General Assembly Legislative package. // Supervisor Ross commended the County Administrator staff for the new agenda packet. // On motion of Supervisor Bradshaw, the Board voted unanimously (5-0) to direct County Attorney Crook to prepare a resolution thanking Supervisor C. Fred Bailey for his services to the County. // Supervisor Ross moved the Board approve the General Fund Bill Register, as well as the list of supplemental checks written during the month of December 1987. The vote in favor was unanimous (5-0). " 1 // Chairman Bradby moved the Board appoint Supervisor Edwards to replace C. Fred Bailey on the Social Services Board. The motion carried unanimously (5-0). Supervisor Turner moved the Board appoint County Administrator Standish to serve as a member on the Western Tidewater Community Services Board. .The motion passed by unanimous (5-0) vote of the Board. // County Attorney Crook stated he had reviewed the December 3 and 17, 1987 minutes and same had been revised and distributed to the Board members. County p'ararrayhCSook stated a correction should be made on page 7, p g P of the December 17, 1987 minutes.to read, "Discussion continued and County Attorney Crook suggested that since the Public Service Authority was getting the assets, they should also get the liabilities". Supervisor Ross stated he was not present at the December 17th meeting, therefore,. he suggested voting on the minutes separately. Supervisor Ross moved the minutes of December 3, 1987 be approved. The motion carried (4-0-1) with Supervisors Ross, Bradby, Bradshaw and Turner voting aye and Supervisor Edwards abstaining. Chairman Bradby moved the December 17, 1987 minutes be approved as corrected. The motion passed (3-0-2) with Supervisors Bradby, Bradshaw and Turner voting aye and Supervisors Ross and Edwards abstaining. // County Attorney Crook requested an executive session to discuss with legal counsel and staff members potential litigation, personnel matters. and intergogernmental contract negotiations. // ff~~ At 3:35 P.M. Supervisor Turner moved to have a ten minute recess, which passed unanimously (5-0). The Board reconvened at 3:45 P.M. // Supervisor Turner moved the Board go into executive session for the purpose of discussing with legal counsel and staff members potential litigation, personnel matters and intergovernmental contract negotiations. The vote in favor was unanimous (5-0). The Board returned to open session at 5:10 P.M. // On motion of Supervisor Ross, the Board voted unanimously (5-0) to extend the E&W Cleaning's janitorial contract one month, until June 30, 1988, and instructed County Administrator Standinsh to seek future contracts for janitorial services for more than one year terms. Supervisor Ross moved the Board adopt the following resolution. The motion carried (3-1-1) with Supervisors Turner, Ross and Edwards voting aye, Chairman Bradby voting nay and Supervisor Bradshaw abstaining. RESOLUTION BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, this 7th day of January, 1988, as follows: It is recognized that the Public Service Authority of Isle of Wight County and its board have served the County faithfully for a number of years. They are to be commended for such service to the community. As increasing development of all types occur or are anticipated in Isle of Wight, it is recognized that a professionally staffed utilities operation under the direct superviso- of the County Administrator, taking policy direction from the Board of Supervisors, will best serve the future needs of .the community. In this regard, the following direction is provided by the Isle of Wight Board of Supervisors: (1) The County Administrator is directed to develop a plan within 30 days to establish a Public Utilities Department. Such a Department should be in place effective July 1, 1988. (2) All other policy recommendations relating to utilities in the County, as listed on the attached ISLE OF WIGHT COUNTY UTILITY POLICY RECOMMENDATIONS, are hereby adopted as the official policy of the Isle of Wight County Board of Supervisors. (3) The Public Service AuthoritlZs requested to develop a plan to transfer all assets, `liabilities and attendant responsibilities during a concurrent time frame, with the intent of complete dissolution of the Authority by June 30, 1988.:. ISLE OF WIGHT COUNTY UTILITY POLICY RECOMMENDATIONS 1. It is recommended that a professional utility staff be established in the County. Such a staff should include professional utility engineering experience, utility line maintenance and repair experience,. and clerical/utility billing experience. T., it i~ 1 !1 ', i' ~ 7 975', V~~~ rH~= 1 2. It is recommended that the Board of Supervisors re-enforce its position as the Legislative, policy making body of .the County. Autonomous authorities should not be created, and if such exist, should be supplanted by agencies or departments receiving policy direction from the Board of Supervisors. 3. The County .should own, maintain and operate all utility .systems within the. County. Such systems should be designed to specifications set by the County.. At every opportunity, new development should pay the cost of. utility system development or extensions, and the County should set the policy that connection to such utility services be mandatory. 4. Where utility services are, or will be provided by entities outside the control of the Board of Supervisors, it is recommended that appropriate contractual agreements be established to provide for bulk utility services delivered to the County. 5. It is recommended that the extension of utilities within Isle of Wight County be at the sole discretion and direction of the Board of Supervisors. If utility services are provided in the County by an .outside entity a concurrent agreement should exist that such utility services be provided only upon request of the County, and only to the specifications of the County. // ~ ~ At 5:15 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-0). Henry H. Bradby, Chairman-