02-07-1991 Regular Meeting~noK ~~ ;~G~~~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE SEVENTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED
NINETY ONE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven 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
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 2:OO P.M. The
invocation was delivered by Chairman Bradby..
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Chairman Bradby called for Transportation Matters.
MacFarland Neblett, Resident Engineer of the Virginia
Department of Transportation, stated bids have been received for
the planned project on Route 665 in the Rescue/Battery Park area
and that the apparent low bidder was the Alvin Dillon Contracting
Company. Mr. Neblett continued it was a 90 day contract which
should begin in May of 1991 and will consist of widening the
existing road and easing of some of the existing curbs. Mr.
Neblett reported that the project on Route 10 is continuing with
the traffic being switched over to-the new section of the bridge
to allow dismantling of the old section of the bridge and that the
project is scheduled for completion in October of 1991. Mr.
Neblett stated that he had been informed of the Board's concerns
on Route 10 at the Plaza Shopping Center-and that he had requested
the traffic engineer to look at the timing and cycles of the lights
both at the shopping center and the intersection of Route 10
business. and had also requested the traffic engineer to include
looking at the lights on Route 258 and-Route. 10 on the west side
of town and the lights at Battery Park Road and Route 10 business.
Mr. Neblett stated with regards to the speed limit.on Route 10, a
speed study will be conducted within the next week or two.
Chairman Bradby called for comments by the Board.
Supervisor Bradshaw stated he had. been requested by Jackie
Carr to see if the road could be fixed on Route 647 off of Route
2.58 and that he had informed Ms. Carr that the right of ways needed
to be obtained.
Mr. Neblett stated if the County could get the right of ways,
the road could be put into the six-year plan.
Supervisor Edwards asked the status of the gravel for the
houses near the dumpster.
Mr. Neblett stated he believed this had been taken care of.
Supervisor Turner requested an up-to-date list of what right
of ways have been acquired near the 711 and Route 10.
Mr. Neblett stated he would provide Supervisor Turner with
this.
Supervisor Turner moved the Board adapt the following
resolution:
WHEREAS, Secondary .Route 694, has been altered, and a new road has
been constructed and approved by the State Highway Commissioner,
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which new road .serves the same citizens as the road so altered;
and,
WHEREAS, certain sections of the new road follows new locations,
these being shown on sketch entitled, "Changes in Secondary System
Due to Relocation and Construction on Route 694, Project 0694-046-
_ 203, N501, dated at Suffolk, Virginia, October 19, 1990".
.NOW, THEREFORE, BE IT RESOLVED: That the Board recommends that
section of old location, i.e., Sections 1 and 3 shown in blue on
the aforementioned sketch, a total distance of .172 Mi., be,: and
the same hereby is, abandoned as a public road, pursuant to Section
33.1-155 of the Code of Virginia of 1950, as amended.
AND, FIFRTHER, that Section 2 shown in red on the aforementioned
sketch, a total distance of .248 Mi., be and hereby i added to the
Secondary System of State Highways, pursuant to Section 33.1-299
of .the Code of Virginia of 1950, as amended.
-The motion passed by unanimous vote (5-0).
Chairman Bradby presented the following issues from the
Transportation Safety Committee to Mr. Neblett: VDOT to consider
installing a device to alert motorists of oncoming traffic at the
Route 10/32 intersection in the Benns Church area as they turn;
vehicles should be prohibited from making u-turns on Route 10 just
north of the Route 10/32 intersection; and Mr. Rowland Lewis, a
County resident, requested that a right turn lane be constructed
for traffic turning off of Route 17 onto Route 661. i
Mr. Neblett stated he would look into installing a device to
alert .motorists of oncoming traffic at the Benns Church
intersection and that regarding Mr. Lewis' request, VDOT was
presently in tight financial constraints and it would be a matter
of finding the money to accomplish the requests.
Chairman Bradby called for citizens with requests for
transportation matters.
Robert P. Taylor, III stated there were three houses on Route
10, south of Route 620, who have as much as an eight-inch drop
going into the yards and requested Mr. Neblett to check into the
possibility of putting in some gravel.
Mr. Neblett stated he would look into the matter..
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Chairman Bradby called for a public hearing on the following
application:
The application of Edna S. Turner and Richard L. Turner
for a Conditional Use Permit to expand from fifteen acres
to twenty acres. operation of a borrow pit for a period
of five years, which is located on the east side of Route.
10, between Route .600 and Route 604, in Newport-
Magisterial District.
Chairman Bradby called for citizens to appear in favor.
Caroline Burke, Vice President of Isle of Wight Materials,
appeared in favor stating the purpose of the excavation permit for
removal and disposal of material for the creation of an irrigation
lake and that the permit is to extend the existing pit operation.
Supervisor Edwards asked Ms. Burke how long has it been since
the pit has been in operation and how long since any dirt has been
removed?
Ms. Burke replied five years and that no excavation had taken
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place since the permit expired in October of 1990.
Chairman Bradby called for citizens to speak in opposition.
Charles Green appeared expressing opposition stating the site
was an eyesore.
Robert. P. Taylor, Jr. appeared expressing opposition stating
he was opposed to the pit-when it was first approved five years
ago. Mr. Taylor stated he was not sure if this permit was a new
one or a renewal.
County Attorney Crook stated the application was advertised
and. considered by the Planning Commission as a new application
without any recommended conditions other than what was in the
application itself. Mr. Crook advised that when the permit expired
in October of 1990, operation should have ceased until a new permit
was issued by the Board.
Robert P. Taylor, III appeared in opposition stating he would
like to know what the conditions were for the last permit.
County Attorney Crook replied he would look•for the conditions
of the permit and requested the Community Development Director to
provide the County file.
Chairman Bradby stated that the Board could proceed with the
next public hearing and when the conditions were located, the Board
could return to the application.
Supervisor Bradshaw moved the Board move the following public
hearing up to the present point of the agenda:
The application of James W. and Pearl B. Jones for a
change in zoning classification from A-1, Agricultural
Limited to C-RA, Conditional Rural Residential
approximately 6.5 acres of land located on the south side
of Route 633, east side of Route 641 and west side of
Route 688, in Windsor Magisterial District. The purpose
of the application is for no more than five rural
residential lots.
The motion passed unanimously (5-0).
Chairman Bradby called for citizens to speak in favor.
James W. Jones appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Supervisor Bradshaw moved the Board approve the application
of James W. and Pearl B. Jones. The motion passed by unanimous
vote (5-0).
Chairman Bradby called for a public hearing on the following
application:
The application of Allie S. Gillespie, owner and Barricks
Properties, prospective owner for a change in zoning
classification from A-1, Agricultural Limited and A-2,
Agricultural General to R-2, Residential General,
approximately two (2j acres of land located on the west
side of Route 17, between Route 661 and the Chuckatuck
Creek, in Newport Magisterial District. The purpose of
the application is for multi-family housing units.
Chairman Bradby called for citizens to speak in favor.
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No one appeared.
Chairman Bradby called for citizens to speak in opposition.
Cindy Taylor appeared stating she was representing the
residents of the Rol~.ingwood Subdivision in o
application. Ms. Taylor stated she understood from 1County staff
that the application has been withdrawn; however, she .would like
to present a petition signed~by residents of the subdivision in
opposition to,the application.
'Supervisor Turner moved the Board approve the request for
withdrawal by the applicant. The motion passed by unanimous vote
(5-O) .
Chairman Bradby stated the Board would now go back to the
first application of Edna s. Turner and Richard L. Turner for a new
conditional use permit to expand from fifteen acres to twenty acres.
the operation of a borrow pit for a period of five years which is
located on the east side of Route 10, between Route 600 and Route
604,. in Newport. Magisterial District which is the site of an
existing marl pit.
w. Douglas Caskey, Assistant County Administrator/Community
Development,. advised that the conditions of the original
application and permit were that the owner of the excavation site
shall be responsible for any damages caused by excavation
activities to shallow wells serving residences along Route 604 as
determined by a certified hydrologist; operation .hours of
excavation shall be between the hours of 7:00 A.M. and 5x00 P.M.,
Monday through Saturday; and, the maximum duration of excavation
shall not exceed five years from date of approval.
Robert P. Taylor, Jr. .asked what was the difference between
extending an application and renewing an application and stated
that he thought the Planning Commission had.=considered the
application as a renewal.
County Attorney Crook stated he was present at the Planning
Commission meeting and he thought they were- considering it as a
renewal which is why he changed the wording on the notice to
renewal, but that it was advertised for the Planning Commission
meeting as a new application and that legally it did not have to
go-back to the Planning Commission.
1 Grace Keen appeared in opposition and presented an aerial
p'cture of the site.
Chairman Bradby called for comments by Board members.
Supervisor Edwards stated the operator has other pits in the
County and asked Mr. Caskey if the operator was complying with the
borrow pit ordinance for. the other .pits.
Mr. Caskey .replied that in September of 1990 the County
underwent a process of "unwavering" and put the responsibility of
enforcement back with the Virginia Department of Mines, Minerals
and Energy. At that .time, a series of inspections was made
Countywide by County staff and that points .were noted at a number
of pit operations throughout the County indicating that there were
things that the Virginia Department of Mines, Minerals and Energy
would have to check through their permit to see if they were in
compliance. Mr. Caskey continued that checks are periodically made
and when problems are found the County deals. with the problems with
the individual operator. Mr. Caskey stated he did not know of any
immediate violation problems with a pit owned by Mr. Turner;
however Mr. Turner had assumed ownership of the. Floyd B. Smith
borrow pit which has items cited in regards to items being stored
on site, equipment, etc., and that he would have to check with the
Code .Enforcement Officer to see. if the problems have -been
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addressed.
Mr. Turner stated that the Floyd B. Smith application wad in
Floyd Smith's name and the application is still under his name as
an operator and that the only change is the ownership of the land.
Mr. Turner continued that he has asked for direction from the
County in the reclamation plan and that the pit is not currently
in operation. Mr. Turner stated Mr. Smith had previously used the
property to store his equipment and that he is in the process of
complying with what was requested and that Mr. Turner has also made
a request with the County to bring the new ownership into
compliance with what should be done with the reclamation plan.
Supervisor Edwards asked if the other pits owned by the
applicant were in compliance with the County's ordinance.
Xim Bowen, Code Enforcement Officer for Isle of Wight County,
stated that to her knowledge, some of the pits are in compliance
with the County's ordinance and some are not. Supervisor Edwards
asked how many pits of the applicant were in violation of the
County Ordinance requirements and Ms. Bowen replied three.
Supervisor Edwards asked what were some of the problems.
Mrs. Bowen stated one of the existing problems is that it
looks like more land was being disturbed than what the permits were
issued for and- the storage of materials such as pipes and a gas
tank in and around one borrow pit site.
Supervisor Edwards asked Mrs. Bowen which pit has more land
removed than the permit stated could be removed.
Mrs. Bowen stated there were three pits involved.
Supervisor Bradshaw asked County Attorney Crook to clear up
the matter of whether the application is a renewal. or a new
application.
County Attorney Crook stated the application was filed as a
new application and when the Planning Commission considered the
application it was considered as an existing pit with an
application to extend the area from fifteen acres to twenty acres.
As a result of the way the Planning Commission considered it,
County Attorney Crook assumed it was a renewal application and
therefore the advertising was changed to a renewal. When it came
before the Board of Supervisors, Supervisor Edwards brought up the
fact that a renewal was dated subsequent to the termination of the.
original permit and therefore it could not be a renewal. Mr.
Taylor has now brought up the fact that the Planning Commission was
considering the application as an extension and that if the Board
of Supervisors wanted to clear the matter up, the Board could refer
it back to the Planning Commission, but legally the Board did not
have to because it was legally advertised as a new application.
Mr. Turner stated he had received legal advice from his
counsel on whether the application was a renewal or new application
and that it was advertised as a new application and that it was
also stated in the explanation of the permit that the same material
and same conditions that applied to the previous permit would apply
to the new application. Mr. Turner confirmed that no excavation
had occurred since the expiration of the permit in October of 1991
although trucks had hauled stockpiled material from the site.
Supervisor Edwards stated he would prefer to table the matter
until the County Code Enforcement Officer had time to determine if
the pit is in compliance with the County ordinance.
Supervisor Bradshaw moved that the Board approve the
application of Edna S. Turner and Richard L. Turner with the
previous conditions. The motion passed (3-1) with Supervisor
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Edwards voting in opposition to the motion. Supervisor Turner
abstained from voting on the motion.
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Chairman Bradby called for Citizens Comments.
No one appeared.
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At 3:00 P.M. Supervisor Bradshaw moved the Board take a ten
minute. recess. The motion passed by unanimous vote (5-0j.
At 3:15 P.M., upon returning to open session, Supervisor Ross
moved the Board move Old Business up to the present point of the
agenda.. The motion passed by unanimous vote (5-O).
Chairman Bradby called for the following Old Business:
Consideration of alternatives for the Northeast
Development Service District and a resolution of the
Board of Supervisors of Isle of Wight County to Adopt a
Comprehensive Plan.
Chairman Bradby called .for comments.
County Administrator Standish passed out .material regarding
the Development Management District which reflected comments from
the January 30,.1991 meeting between the Board of Supervisors and
the Smithfield Town Council.
Supervisor Ross .stated it was discussed at the .January 30,
1991 meeting that this material would be prepared for the Board of
Supervisors' members. as well as the members of the Smithfield Town
Council and that it would be discussed at the meeting today.
Rodham T. Delk, Jr., Attorney for the Town of Smithfield,
stated that the material passed out he assumed is an outgrowth of
what was discussed at the January 30, 1991 and that at this point,
the Town of Smithfield has not seen the material and hopes that the
Board. will share it with the Town of .Smithfield before action by
the Board to allow the Town to have some input.
Supervisor Turner stated that the material presented today was
not prepared in time to share it with the Town of .Smithfield, but
the general proposal discussed on January 30, 1991 .was that it be
a public hearing to allow the Town of Smithfield the opportunity
to present its views and that the public also have the opportunity
to present their thoughts.
County Attorney Crook stated he had a problem with some of the
language in the proposed Development Management District .because
of the enabling statutes. County Attorney Crook .stated that
although .the County can have Town of Smithfield input at .the
Planning Commission level, the Board of Supervisors has the
governing responsibility for that- area solely and the way the
proposal is worded it gives the impression that the Board of
Supervisors is going to consult with the Smithfield Town Council
before making a decision.
Supervisor Turner stated. that the Comprehensive Plan was. being
held up and that he would encourage getting on with it because the
Planning Commission needed the Plan to work with on decisions being
made every month. Supervisor Turner suggested that the'
Comprehensive Plan be prepared .for the February 21, 1991 meeting
to allow it to be advertised properly for a public hearing.
Chairman Bradby stated that at the January 30, 1991 meeting
it was agreed that the two governing bodies would work together to
create a unity between the two and bring into being the kind of
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plan around the .Town of Smithfield which would be agreeable to
both.
Supervisor Turner moved that the Board direct the County staff
to bring back a Development Management District and the proper
wording on how it is addressed in the Comprehensive Plan so that
it can be properly advertised for a public hearing. The motion
passed by unanimous vote (5-O).
Chairman Bradby called for the following Old Business:
The application of Norfolk and Western Railway Company
for a Special Permit for construction and operation of
railroad facilities, including but not limited to coal
ground storage on 913.681 acres of land, more or less,.
located east of Route 610, east of Route 609, north of
Route 632, west of Route 607 -and southwest of the Norfolk
and Western Railroad, in Windsor Magisterial District.
A portion of Route 608 crosses the proposed site. The
purpose of the application is for the construction and
operation of railroad facilities to include coal ground
storage facilities.
County Attorney Crook stated that this was not a public
hearing,. but is for the purpose of determining what conditions the
Board will impose under the Special Use Permit and that he had made
a composite list of the conditions which are from staff and Norfolk
Southern which were given to him to take out the items the Board
could not impose. County Attorney Crook continued that some of the
conditions are the same as the original proffers on the conditional
zoning that relate to operation. County Attorney Crook summarized
the conditions as suppression of dust and to preserve air quality;
extension of natural buffer; biological survey;. requires material
to be stored on site in an environmental safe manner; recycling of
water, testing of water and a well mitigation program;
transportation study; noise levels in the area and an report to the
County that it will comply with the EPA's noise level requirements;
compliance with all applicable conditions which would be the
conditions of the .amendments zoning and the conditions listed.
herein; compliance with all agencies concerning wetlands; safety
design and operation to minimize fire, and safety hazards; traffic
impact analysis; and, compliance with all statutes, ordinances and
regulations, Federal and State and local governments. County
Attorney Crook stated that the railroad has reviewed the above
conditions and is agreeable..
Supervisor Edwards stated in Condition Number 5 it states "in
accordance with a well mitigation program" and that he thought the
condition should read "in accordance with the well mitigation
program".
County Attorney Crook stated he thought it should read "the
mitigation program" as well and that the County has a well
mitigation program which is incorporated in with the conditions.
Supervisor Edwards asked County Attorney Crook what the
sanction is for violation of a special Use Permit?
County Attorney Crook stated that the permit ,can be revoked
and that the County normally will issue a show cause if the Board
is considering revoking the permit because of violation which
results in the applicant having to come before the Board and
explain the efforts and also take remedial action.
Supervisor Edwards asked if Norfolk Southern violates statutes
in addition to the sanctions that they might have through an agency
do they also run the risk of having the special use permit revoked?
County Attorney Crook replied yes that the Board could shut
the operation down.
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Supervisor Ross asked about Condition Number 6 referring to
the conditions of proffer Number 15 herein.
County Attorney Crook stated that the language was no longer
applicable because some proffers that could not be included were
included and those proffers were removed and that the last sentence
in Condition Number 6 should be deleted.
Supervisor Turner stated that although this was not a public
hearing that due to the size and magnitude of the matter he would
move that the Board allow Attorney Powell to be permitted to
address-,the Board. The motion passed by unanimous vote (5-0).
Attorney Powell. representing Norfolk & Southern stated•he
would clarify the reference to Condition 15 and that this condition
was originally Condition Number 13 in the proffers with the.
application far the special use permit.
County Attorney Crook stated the Board could either delete it
or .refer to proffer Number 13 of the conditional zoning.
County Administrator stated that Mr. Neblett was present and
may like to respond to the previous request of the Board regarding
a possible cost for a grade separation at the intersection and also
the feasibility of a warning system on the rail line.
Supervisor Turner moved that the Board allow Mr. Neblett to
respond regarding the above previous requests of the Board.. The
motion passed by unanimous vote (5-0).
Mr. Neblett approached the podium responding that the
possibility of an overpass and underpass had been discussed at the
Route 258 and Route 460 intersection. Both alternatives would
take a considerable amount of study and estimates to come up with
a realistic figure and that he could 'be better prepared if the
Board would determine which alternative they wanted to. proceed
with.
County Administrator Standish stated that the Board had also
requested the Regional Transportation Planner, Dwight Farmer, to
analyze the data about the impact of the project.
Dwight Farmer,- Transportation .Engineer with the Planning
District Commission, appeared stating that County staff had asked
him to review the work done by the consultant such as the traffic
impact analysis. Mr. Farmer stated he had found no problems with
their analysis and that the delay in traffic backups on Route-258
in the immediate future do not warrant the expenditure of funds
that Mr. Neblett earlier addressed which would be several million
dollars. Mr. Farmer continued that the Board would need to addreas
the-long term problems with Route 258 .and its use as a major
arterial north south as a mobility highway to move traffic north
and south. The future actions dealing with what will come in the
corridor in the future and any changes in rail activity may cause
other problems not addressed today which cannot be ruled out and
that the Board may wish to address in the near future either a
grade separation or a bypass. Mr. Farmer stated that the a grade
separation would cost possibly a few million dollars for a simple
.grade separation and if the Board went to a bypass this would be
even more expensive and the County would end up with environmental
issues, etc., and grade separations would still need to be
performed as well.
County Administrator Standish stated the Board had also asked
about some type of rail signalization where the rail company could
be advised by emergency services in Windsor which would slow the
train .down in emergency situations.
Lynn Dutton with Norfolk and Southern responded that even if
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the emergency services people at Windsor had a button they could
push to create a red light at the track they would not know until
they got to the intersection whether the train had been in the
position where it could be stopped. Ms. Dutton continued that the
rescue squad and the fire people would be best served by using the
direct line to the train dispatcher who would know the exact
location of the train and who would also be able to tell
immediately whether the train could stop or slow down which would
keep the emergency people from conflicting with each other at the
grade crossing.
County Attorney Crook stated that the Board had received a
copy of a resolution from the City of Suffolk requesting that
additional conditions be imposed by the Board and asked Ms. Dutton
if she had seen these.
Ms. Dutton stated she had received the additional conditions
just. before the meeting .today and that she felt if Suffolk had a
sincere desire on the part of the citizens they would have
contacted Norfolk and Southern earlier and that all Norfolk and
Southern's information had come from reading the newspapers and
second hand after Suffolk writes to the Board.
County Attorney Crook asked for her comment on the conditions.
Ms. Dutton replied that a well mitigation plan has been
submitted to Isle of Wight County which Norfolk and .Southern
believes would also operate to benefit the citizens of Suffolk and
that the monitoring wells will be required in appropriate locations
by the State Water Control Board which will monitor both the
withdrawal and groundwater discharge. Ms. Dutton continued that
the State Water Control Board will inform Norfolk and Southern of
their requirements regarding the treatment of the storm water and
the design standards for storm water retention. Ms. Dutton stated
that the study submitted regarding the traffic analysis included
the two intersections in Suffolk nearest the facility and that the
findings stated there would only be a delay of nine minutes at the
Route 607 intersection..
Supervisor Turner stated that most of the concerns, as well
as the mitigation plan, had already been addressed by Norfolk and
Southern and his question was whether the residents in Suffolk
would be protected under the mitigation plan.
Ms. Dutton stated she believes this to be true.
Supervisor Edwards asked if dispatchers are on duty twenty
four hours a day and would Norfolk and Southern. be willing to have
their dispatchers work with emergency personnel.
Ms. Dutton replied yes.
County Attorney Crook stated that his purpose in asking Ms.
Dutton to address the concerns of Suffolk City Council was to
demonstrate to Council that the Board of Supervisors was and had
considered their concerns and were not disregarding them.
Supervisor Turner stated the County needed to try to address
all concerns and that he felt the Board had done so.
Supervisor Edwards moved that the Board approve the conditions
of the Special Use Permit as presented and revised today. The
motion passed by unanimous vote (5-0).
Supervisor Turner moved that the Board approve. the well
mitigation plan. The motion passed by unanimous vote (5-O).
//
Chairman Bradby called for the Community Development report.
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The application of Hartley and Anne Miller .for a
Conditional -Use Permit to locate a mobile .home, to be
occupied by Neal D. Miller, on two (2) acres of land
located on the south -side of Route 600, in Newport
Magisterial District..
W. .Douglas Caskey, Assistant County Administrator/Community
Development, stated that the applicants had. requested that the
above application be withdrawn.
Supervisor Turner moved that the Board approve the request for
withdrawal by the applicant. The motion passed by unanimous vote
(5-0) .
Mr. .Caskey stated that the County had. received .from the United
States Department of Commerce, Bureau of the.. Census,. the 1990
census population counts which includes the census counts for all
local governments within the State of Virginia. Mr. -Caskey
presented the Board with a handout. showing the 1990 population
counts for the County and surrounding localities.-
//
Supervisor Ros
after the conclusion
passed by unanimous
s moved that the Board continue their mEeting
of the Public Service. Authority. The motion
vote (5-0).
//
Upon returning to open session, Chairman Bradby called for the
County Administrator's report.
Judy Begland, Director of Economic Development, stated that
the Hampton Roads Planning District recently completed work on an
industrial development study which was undertaken for Franklin,
Southampton and Isle of Wight County. Mrs. Begland continued the
focus of that research-was to identify the industries-which the.
community could enjoy the highest level of success in recruiting
and those industries which would provide the greatest payback in
the form of-taxes and jobs. The study also evaluated industrial
parks and the factors which result in their success. The
highlights of the study""include manufacturing operations like Union
Camp, Franklin Equipment Company and Smithfield Foods which still
provide the basis .and strength of the local economy and it is
anticipated that manufacturing will continue to do that at least
through the first half of the 1990's. Ms. Begland stated that
although trade and service employment has been concentrated
primarily in the Franklin area, between 1985 and 1989 employment
in these sectors has increased from 26~ to over 30$. With Isle. of
Wight's proposed land use plan and its concentration on development
service districts, the County should be able. to capitalize on
growth in these. sectors as the population is focused in serviceable
areas from a retail and service employment perspective. Mrs.
Begland stated that the level of prosperity is particularly good
for Isle of Wight's case and is measured by .individual income which
has grown from 1970. at 87~ of the MSA level to exceed the MSA in
1984. Today, Isle of Wight's per capita income. is 2~ greater than
the Hampton Roads area and manufacturing wages in Isle of Wight
County has remained stable while the. five larger cities in Hampton
Roads has seen significant increase. Mrs. Begland stated .that
competitive wages in manufacturing will further enhance our ability
to attract additional manufacturing operations and that Isle of
Wight has provided more than 50~ of the labor pool for. the non-
metropolitan southeastern Virginia area. The unemployment in the
County has been higher than that of Hampton Roads .which is
attributable to the labor forces being smaller and with larger
industrial users, the County is more vulnerable to business cycles.
Mrs. Begland stated that all of these reasons make it more
important for the County to focus on diversifying .the County's
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economic base~and that the proximity to Hampton Roads has offered
jobs to local residents; however, as the County seeks to develop
a diversified strong economic base that can support the future of --
the community, it is also evident that the County has several
assets upon which to rely which include the availability and the
cost of .land as well as the location which in some parts of the
County is equally distant from the ports facilities in Southampton-
Roads. and Interstate 95. Mrs. Begland stated that in other
portions of Isle of Wight iz is centralized. through the Richmond
and Southampton Roads markets and in the Northeastern Service
District, the business market needs of the Hampton Roads region.
The industrial targeting methodology used in this study considered
the guideline of success and the economic benefit of business
relocation and highlighted the industries that non-metro
southeastern Virginia could target in their effort to bring new
business to the community which included machinery, electronics,
and transportation equipment. An effort was made on the part of
the researchers to evaluate public sector investment in industrial
parks and Isle of Wight is one of the few localities in the Hampton
Roads region which does not control land resources for economic
development. The County is just now beginning to seriously
consider investment in water and sewer which is important in the
success of any land to be set aside for industrial development and
because of this Isle of Wight County has not been able to enjoy the
benefit of industrial prospects which come to communities via the
State Department of Economic Development. Those prospects are
presently going to communities that offer the appropriate sites and
infrastructure which makes business relocation in a competitive
environment more feasible. Mrs. .Begland closed her presentation
stating she was optimistic that the timing is near when the
community will be in a position to make decisions and investments
needed to guarantee Isle of Wight's economic vitality.
Supervisor Turner moved the Board adopt the following
resolution:
RESOLUTION ESTABLISHING FEBRUARY 10-16, 1991
AS VOCATIONAL EDUCATION WEEK IN .ISLE OF WIGHT COUNTY
WHEREAS, the American Vocational Association has designated the
week of February 10-16 ,1991 as Vocational Education Week and the
theme for Vocational Education Week is "Vocational Education:
Classroom of the Future"; and,
WHEREAS, vocational education supplies our country with a strong,
well-trained work force, which enhances productivity in business
and industry and protects America's leadership in the international
marketplace; and,
WHEREAS, vocational education serves individual citizens by
enabling them to find satisfying careers that suit their own skills
and interests, by providing technical skills that let them excel-
in their chosen careers, and by teaching leadership skills that
serve them on the job, at home and in the community; and,
WHEREAS, vocational education enhances high school students'
education by offering practical, meaningful applications of basic
skills such as reading, writing, and mathematics, thus improving
the quality of their education, motivating those at risk of
dropping out, and giving all students the potential to become
leaders in their fields and in their communities; and,
WHEREAS, vocational education stimulates the growth and vitality
of Isle of Wight's businesses -and industries and those of the
entire nation by preparing workers for the occupations forecast to
experience the largest and fastest growth in the next decade; and,
WHEREAS, a strong vocational education program planned and carried
out by trained vocational educators is vital to the future .economic
development of our community and the well-being of its citizens.
C
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NOW, THEREFORE,. BE IT RESOLVED that the Board of Supervisors of
Isle of Wight County does hereby establish February 10-16, 1991 as
"VOCATIONAL EDUCATION WEEK" and urge all citizens to .become
familiar with the services and benefits offered by the vocational
education programs in this community and to support and participate
• in these programs as necessary to enhance their individual work
skills. and productivity.
The motion passed by unanimous vote (5-0).
Supervisor Ross moved the Board ..adopt the following
resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND DOLLARS FROM•THE
CAMP YOUNTS FOUNDATION FOR A GRANT TO THE CARRSVILLE.VOLUNTEER FIRE
DEPARTMENT
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia, has received a grant from the. Camp Younts
.Foundation for the Carrsville Volunteer Fire Department, and
WHEREAS, the ,funds in the amount of two thousand dollars
($2,000) to be received from the. Camp Younts Foundation need to be
appropriated to the Carrsville Volunteer Fire Department line item
in the 1990-91 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 two
. thousand dollars ($2,000) to be received from the Camp Younts
Foundation be appropriated to line item 3202-560.4E Carrsville
Volunteer Fire Department in the 1990-91 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 grant and
to do all the things necessary to give this resolution. effect.
.The motion passed by unanimous vote (5-O).
Supervisor Turner moved the Board adopt the. following
resolution:
RESOLUTION TO APPROPRIATE TWENTY-SEVEN THOUSAND
SIX HUNDRED FIFTY DOLLARS FROM THE
VIRGINIA HOUSING DEVELOPMENT AUTHORITY FOR THE.
SECTION 8 HOUSING PROGRAM
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
has contracted with the Virginia Housing Development Authority for
the Section 8 Program; and,
WHEREAS, the funds in the amount of eighteen thousand four hundred
dollars ($18,400) to be received from the Virginia,-.Housing
Development Authority and nine thousand two hundred fifty dollars
($9,250) from the unappropriated fund balance -need to be
appropriated to the Section 8 Housing Program line item in the
19.90-91 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 eighteen
thousand four hundred dollars ($18,400) to be received from the
Virginia Housing Development Authority and nine thousand two
hundred fifty dollars ($9,250) from the unappropriated fund balance
be appropriated to line item Section 8 Housing Program, contracted
services in the 1990-91 budget of the County of .Isle of Wight.
BE YT FURTHER RESOLVED. that the County Administrator of Isle of
12
90QK 14 p~~:8~4
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.
The motion passed by unanimous vote (5-O).
Supervisor Turner moved the Board adopt the following
resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY-NINE THOUSAND
EIGHT HUNDRED FORTY-THREE DOLLARS FROM THE
.COMMONWEALTH OF VIRGINIA FOR SOCIAL SERVICES
DEPARTMENT PROGRAMS
WHEREAS, the Social Services Department has received additional
allocations from the Commonwealth of Virginia; and,
WHEREAS, the funds in the .amount of fifty-nine thousand eight
hundred forty-three dollars to be received from the Commonwealth
of Virginia need to be appropriated to the Social Services
Department 1990-91 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 fifty-
nine thousand eight hundred forty-three dollars to be received from
the Commonwealth of Virginia be appropriated to line items Jobs -
Purchase Service ($25,661), .Employment Services - Administration
($13,914), Independent Living ($2,574) and Foster Care Prevention
($17,694) in the,1990-91 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 grant. and to do all
the things necessary to give this resolution effect.
The motion passed by unanimous vote (5-0).
Supervisor Ross moved the Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE SEVEN THOUSAND DOLLARS FROM
THE UNAPPROPRIATED FUND BALANCE FOR OPERATING EXPENSES
OF THE EQUALIZATION BOARD
WHEREAS, the Circuit Court of the County of Isle of Wight, Virginia
has appointed an Equalization Board to review parcels and determine
that the assessment is equitable; and,
WHEREAS, the funds in the amount of seven thousand dollars ($7,000)
to be received from the unappropriated fund balance need to be
appropriated to the Equalization Board part-time salaries and
compensation line items in the 1990-91 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. seven
thousand dollars be appropriated to the Equalization Board, part-
time salaries ($3,100) and compensation ($3,900) line items in the
1990-91 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 by unanimous vote (5-O).
County Administrator stated that the Recreational Facilities
Authority is requesting the acquisition of a vehicle in the current
fiscal year in the amount of approximately $7,500 with the
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BQOK 14 ~~~:~~~
proposition that the new vehicle will replace two existing vehicles
which will be taken out of service and surplused.
Supervisor Turner moved that the .Board comply with the request
of the Recreational Facilities Authority relative to the
acquisition of a vehicle in the current fiscal year.. The motion
passed by unanimous vote (5-0).
.County Administrator Standish presented an update. on the State
and local economy stating that there were a number of reasons for
the current recession such as softening of the real estate market,
loss of consumer confidence, the war in the Persian Gulf, the drop
in employment since March 1990, reduction in retail sales., smaller.
population growth,' high consumer debt, recent military personnel
transfer to the Persian Gulf as a result of the war, new vehicle
registration which has dropped considerably, tourism, and a
reduction in new .home sales. County Administrator Standish
continued other recession indicators, are that the County is seeing
a significant slow down in the rate of growth and sales taxes and
other fees charged by .the County are decreasing and the County is
also having to deal. with the problem of a significant amount ~ of
delinquent taxes. County Administrator Standish concluded hi<s
update recommending a 3.5~ reduction in local expenditures for the
balance of the fiscal year and timely and. accurate financial
reporting from the Treasurer and other .sources.
County Administrator Standish also recommended for the next fiscal
year no increase in the tax rates and no increase in'local funds
to cover any reduction of State funds; hold all local funding to
the current year levels; join other localities in petitioning the
State to relax mandates to provide more local flexibility; defer
or "phase" significant capital projects over future years; and., no
new full time positions.
Supervisor Edwards asked when the County would receive the
containers for recycling.
County Administrator Standish replied that the original igloo
containers have been replaced with larger containers which are more
practical.
Donald T. Robertson, Assistant to the County Administrator,
stated that the new containers are a larger version of the igloo
containers previously requested from the Southeastern Public
.Service Authority and it is a~larger container that can still be
compartmentalized which will allow the County to continue to
collect the same products collected now for the recycle Saturdays.
Mr. Robertson informed the Board that the recycle Saturdays have
become extremely successful and over the past two months the County
has collected over three tons of material each Saturday and that
it is impacting the amount of waste leaving Isle of Wight. County.
Mr. Robertson stated it is also impacting the tipping fees and it
is anticipated to become. even more successful in 1991. The County
is expecting the containers to be in the County and in use by
spring of 1991.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook requested an Executive Session under
Section 2.1-344 A7 of the .Freedom of Information Act for
consultation with legal counsel and staff members. concerning
potential litigation, specifically Springfield Downs Subdivision;
under Section 2.~1-344 A7 of the Freedom. of Information Act for
consultation with legal. counsel and staff members concerning other
specific legal matters requiring the. provision of legal advice by
counsel, specifically Allendale Estate Subdivision; under Section
2.1-344 A7 of the Freedom of Information Act for consultation with
legal counsel and staff members concerning actual or probable
14
BOOK 14 ra~'$~~
litigation, specifically the A.L. Meeks property; and under Sectfon
2.1-344 A3 of the Freedom of Information Act for consultation with
legal counsel and staff members concerning-the acquisition of
property for public use.
Upon returning to open session, Supervisor Turner 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, 2.1-344.1 of the Code of Virginia requires a
certification by this Board of Supervisors that such executive
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i)
only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive
meeting to which this certification resolution applies, and (ii)
only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered
by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed by unanimous vote (5-0).
Supervisor Turner moved the Board authorize the County
Attorney to initiate legal proceedings against Crestar Bank surety
on the Springfield Downs Subdivision to recover under the bond.
The motion passed by unanimous vote (5-0).
Supervisor Ross moved that efforts be undertaken to locate A.
L. Meeks by County staff. The motion passed by unanimous vote (5-
0) .
County Attorney Crook stated that the matter of the Allendale
Estates Subdivision bond situation needed to be resolved by the
Board and would require additional discussion and possibly
information from the principals involved including Dominion Bank.
Valerie Butler, .representative of Dominion Bank, stated that
Allendale Estates had applied for a performance bond and one of the
requirements of this bond was that Hanibal Herring and David Allen
put up the money before the bond was issued. Ms. Butler continued
Mr. Herring. and Mr. Allen had on deposit with Dominion Bank
approximately $250,000 which was waiting to be paid to the
contractor upon completion of the work to satisfactory levels.
Chairman Bradby stated that the contractor is obligated to
construct the road in a manner which will meet the State's
requirements and at that time the road will be accepted into the
State's system.
Hanibal Herring, associate of Mr. and Mrs. Allen, owners of
the Allendale Estates property, stated that an application has been
pending with the Board for registration of a plat. Mr. Herring
15
•4
stated he had met with the Board several times and told that a
Letter of Credit was needed. At the last meeting a proposal was
submitted. to the Board that a performance bond would be issued
naming the Board as a co-obligee and it was his understanding. that
the performance bond was acceptable to the Board. A bond was then
obtained from the bonding, company and it was agreed with the
bonding company that the full contract price of the highway plus
l0$ would be put up on the condition that they issue a bond to
Allendale Estates Subdivision covering the performance by-Art Ray
of a project consisting of improvements to Allendale Estates in
accordance with plans and specifications approved by the Virginia
Department. of Transportation and the Isle of Wight Community
Development Department. Mr. Herring continued this means that all.
the requirements of the County have been incorporated in the plans
and specifications and the contractor agrees to perform, in
accordance with these requirements. In addition, the surety agrees
that should Art Ray default, the County can hold the surety and the
County will be held harmless with respect to the development. Mr.
Herring stated that they were .putting up the full. contract price
of the road and have purchased a performance bond from a registered
.insurance company in Virginia and that at the time the performance
bond was agreed upon, there was some questions raised and it was
at that time that they asked that County Attorney Crook's office
be in .direct contact with the insurance .company. Mr. Herring
stated he understood there was some conversation between County
Attorney Crook's. office and the insurance company and County
Attorney Crook indicated what was required which the insurance
company. complied with.
Supervisor Bradshaw stated that there should be language added
to the agreement stating. that Dominion Bank would not pay Art .Ray
until the road meets the State's specifications and accepted into
the system.
Supervisor Turner suggested that final payment to Art Ray
should not be made until the project was accepted into the State
Highway Department.
Mr. Herring stated that the condition for acceptance into the.
State Highway system is that there must be at least three
residences built in the subdevelopment. Mr. Herring continued that
the owners and his brother-in-law were presently in negotiations
with. a contractor to build their homes there and that as soon as
the plat is registered and deeds could be given to these people
they will begin building and the requirements by the Virginia
Department of Transportation can then be met which will allow the
acceptance of the road in the system. Mr. Herring stated that if
Dominion Bank paid Art Ray and then Art Ray defaulted on the
contract the insurance company would then step in and make it good
and that no payments would be made unless the progress has been
certified by a licensed Virginia professional engineer.
Supervisor Turner stated language needed to be added in the
letter from Dominion Bank and in the bond that payments: and surety
will be in effect until the road is accepted 'by the Highway
Department.
County Attorney Crook stated that the bonding- company
liability is limited to the amount of money that i put in the bank
and that the problem that they run into is that roads have been
built according to the engineer's specifications and the roads have
not been taken into the Highway Department's system for years
resulting in their deterioration and then money has to be paid to
bring them back up to the Highway Department's specifications and
when they are taken in a maintenance bond has to be provided
resulting in these costs falling,. in this case, on the County.
County Attorney Crook continued that he-did not and does not advise
the Board to deviate from the ordinance which calls for the cash
bond which normally the County does not release until the road is
accepted by the Highway Department.
16
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Mr. Herring reminded the Board that at the last meeting he had
offered to deposit the money in a bank to the credit of the County.
Supervisor Turner stated that the Board is trying to seek a
way by which the County is protected as well as the citizens and
the bank.
Mr. Herring stated that before a plat could be submitted to
the County for registration, the plat had to be taken to the
Virginia Department of Transportation who reviewed the plans and
made appropriate changes and recommendations which were then. met
and then the Virginia Department of Transportation signed off on
the ,plans.. In addition, the Virginia Department of Transportation
then stated there was sufficient money in the contract to pay for
the work to be completed.
Supervisor Turner asked County Attorney Crook if the
additional language of tying it to the acceptance of the Highway
Department's specifications help the County's. situation?
County Attorney Crook stated that the Board would need to have
the. contract between the contractor and Mr. Allendale say the road
is built to the specifications of the Highway Department and
accepted by the Highway Department rather than saying built to the
engineer's specifications. County Attorney Crook stated this was
also needed in the agreement between Allendale Estates and the
County and in the letter submitted'by Dominion Bank. County
Attorney Crook advised the Board that they were deviating from the
County's ordinance, past-approved- procedures and a tremendous
burden is-being placed on the Department of Community Development
to bird-dog this construction and payments.
David Allen stated that he knew the contractor was presently
building roads in Wrenn's Mill on a Letter of Credit. Mr. Allen
continued there was money on deposit with 10$ remaining after the
road is built to take care of maintenance and a performance bond
had been obtained from a certified professional engineer.
Mr. Herring asked if it would be legal for the Board to go
ahead and vote on a conditional approval.
County Attorney Crook advised that the Board could not vote
conditional approval and that the documents would have to be
prepared and presented. to the Board for action.
Supervisor Turner moved that the Board direct County Attorney
Crook to format wording into the contract that the road will be
built to specifications and accepted by the Virginia Department of
Transportation and that the bank be advised of the wishes of the
Board. The motion passed by unanimous vote (5-O).
//
Chairman Bradby called for Appointments.
Supervisor Bradshaw moved the Board reappoint Edna R. King to
the Isle of Wight Planning`Commission representing the Carrsville
Magisterial District. The motion passed by unanimous vote (5-0).
Supervisor Bradshaw moved the Board reappoint Robert Bishop
to the Western Tidewater Community Mental Health and Retardation
Services Board. The motion passed by unanimous vote (5-0).
Supervisor Ross moved the Board appoint Edna Brooks Turner to
the Library Board of Trustees to fill the unexpired term of James
O. Syme, Jr. whose term expires in June of 1992. The motion passed
by unanimous vote. (5-0).
//
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Chairman Bradby called for approval of the January 3, 1991 and
January 9, 1991 minutes of the Board of Supervisors.
Supervisor Edwards moved the Board approve `the January 3,1991
and January 9, 1991 minutes of the Board of Supervisors. The.:
motion passed by unanimous vote {5-0).
//
Supervisor Edwards requested County Administrator `Standish to
check to see if the lights were being left on during the night in
the Courthouse complex.
County Administrator. stated the cleaning crew was in •the
building at late hours; however, he would check into the matter.
//
At 7:40 P.M., Supervisor Ross moved the Board adjourn. The
motion passed by unanimous vote (5-0).
-l, %~~
Myles E. Standish, Clerk
~.
enry H. Br d y, Chairman