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11-05-1987 Regular MeetingPage 419 REGULAR MEETING OF T;3E ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN PRESENT: Henry H. Bradby, Chairman C. Fred Eailey, Vice Chairman Joel C. Bradshaw, Jr. Thomas L. Ross Richard L. Turner Also attending: H. t'oodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Director of Community Develop~:?ent ~Renneth Chandler, Assistant to County Adx~ainistrator Hilda W. Harmon, Budget ~ Finance Coordinator Terry D. Lewis, Planning Director Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 2:02 P.M. The invocation was given by Supervisor Bradshaw. // R. W. Coates, Resident Engineer, Department of Highway's and Transportation, informed the Board mearbers that Route 614 has beem altered and a new road has been constructed. Mr. Coates stated VDOT reco~~rnds this section of the old road be abandoned as a public road, and that the new roadway be added to the State's system. Mr. Coates asked the Board's favorable consideration. On motion of Supervisor Bradshaw, the Board voted unanimously to adopt the Resolution relative to the abandonment of the old road as-a public road, and the addition of the new roadway on Route 614. RESOLUTION REQUESTING THE ACCEPTANCE OF ROUTE 614 INTO THE STATE SECO:tDARY SYSTEM! WHEREAS, Secondary Route 614, has been altered, and a new road has been constructed and approved by the State High~aay Co°:~issioner, which new road serves the same citizens as the road so altered; and WHEREAS, certain sections of this new road follow new locations, these being shown on a sketch titled "Changes in Secondary Syste~e- Due To Relocation and Construction on Route 614, Project 0614-046-214, M501" dated at Richmond, Virginia, October 7, 1987. NOW, THEREFORE, BE IT RESOLVED: That the Board recommends that one tl) section of the old location, i.e. Section 1, a distance of 0.10 miles, shown in blue 33.1-155 of the Code of Virginia of 1950, as amended. AND, FURTHER, that Section 2, shown in red on the aforementioned sketch, a total distance of 0.12 miles be, and hereby is, added to the Secondary System-of State Highways, pursuant to Section 33.10-229 Code of Virginia of 1950 as amended. Mr. Coates informed the Board members that there is enough money left in the Revenue Sharing Funds to raise grade at the Norfolk and Western Railroad crossing on Route 638, between Route 460 and the Norfolk and Western Railroad. Mr. Coates recommended the Board adopt the resolution allocating Revenue Sharing Funds for Route 638. November 5, 1987 ~ page 420 ~ On motion of Supervisor Turner, the Board voted unanimously to adopt the resolution allocating Revenue Sharing Funds to raise the grade on Route 638 at the Norfolk and Western Railroad crossing, between Route 460 and the Norfolk and Western Railroad. RESOLUTION Allocation of Revenue Sharing for Raads WHEREAS, Section 33.1-75-1 of the Code of Virginia provides that when a County designates a sum,,. not exceeding 15 percent of the County's Revenue Sharing \, Funds, for use by the Highway and Transportation Board. for the construction, maintenance or improvement of secondary roads in such County, that the Highway Board shall match such Revenue Sharing Funds as first priority allocation: NOW, THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors hereby designates the balances from projects: 0614-5002, 0619-5003, 0632-5005, and 0641-5004 for use in the construction, maintenance or improvement of secondary roads in the County of Isle of Wight, Virginia, to wit, State Ro to 639 (Budget Item Project 0638-5300. This construction is to raise grade at the Norfolk and Western Railroad crossing, between Route 460 and the Norfolk and Western Railroad. Mr. Coates further stated the Board needs to review the total review sharing fund for this year to determine what the funds should be for. Chairman Bradby informed Mr. Coates the group to discuss the installation of pipe had not been able to set a date, but they would soon and he would contact Mr. Coates. Supervisor Turner queried Mr. Coates as to whether the County could use the Department of Highways and Transportation's property on Route 17, near Bartlett, for a farmers market and parking area. Mr. Coates stated only the property on which the building is located belongs to the Highway Department. The rest of the land is right-of-way. Mr. Coates stated he does not feel it is feasible, but if the Board would like to present a request for same, the Highway Department will review the matter. Supervisor Turner moved the Board request the Highway Department to determine the feasibility of using the Highway Department property and right-of-way area at Bartlett for a farmers market and parking area. Mr. Coates stated he would have the matter reviewed and report back to the Board. Nancy Starnes, Ennisdale resident, expressed concern regarding a traffic problem going into Ennisdale on Routes 628 and 676. She stated the speed limit is 55 and the residents feel the speed limit should be lowered because of the heavy amount of traffic. Mrs. Starnes stated there has been several accidents in the area. Mr. Coates stated. he would have a traffic study made by their engineer and report back to the Board. // Chairman Bradby called for a public hearing on the following ordinances: 1. An Ordinance To Provide For Refunds Of Local Taxes Erroneously Paid Without The Necessity of Authorization By The Board of Supervisors In Each Individual Case November 5, 1987 Paqe 421 No one appeared in favor or in opposition. Supervisor Ross moved the Board approve the "Ordinance To Provide For Refunds Of Local Taxes Erroneously Paid Without The Necessity of Authorization By The Board of Supervisors in Each Individual Case". The vote passed unanimous vote of the Board. AN ORDINANCE TO PROVIDE FOR REFUNDS OF LOCAL TAXES ERRONEOUSLY PAID WITI~OUT THE NECESSITY OF AUTHORIZATION BY THE BOARD OF SUPERVISORS IN EACH INDIVIDUAL CASE BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COU~ETY, VIRGINIA, that the Code of the County of Isle of Might, Virginia, adopted December 3, 1981, be and the same is hereby amended by adding under Chapter 15, Taxation, the following Article V: ARTICLE CORRECTION OF ASSESSMENTS AND REFUNDS Section 15-17. Application for correction. Any person assessed by the Commissioner of Revenue with respect to local taxes on tangible personal property, machinery and tools, or a local business license or with respect to local taxes on real property, aggrieved by any such assessment, may, within three (3) years from the last day of the tax year for which such assessment is made, apply in writing to the Commissioner of Revenue for a correction thereof. Section 15-18. Correction of assessment. If the Commissioner of Revenue is satisfied that he has erroneously assessed such applicant with any such tax, he shall correct such assessment and certify a copy of the correction to the. County Attorney. Section 15-19. Exoneration or refund of taxes. If the assessment exceeds the proper amount, with the approval of the County Attorney, the Commissioner of Revenue shall exonerate the applicant from the payment of so much as is erroneously charged if not already paid into the treasury of the County. If the taxes have been paid, the County Treasurer shall refund to the applicant the ar.ount erroneously paid upon certification from the Com.~issioner of Revenue and the County Attorney. Section 15-20. No interest on the refund. All refunds made under the provisions of this article shall be without interest. However, any interest or penalty paid, shall be refunded. Section 15-21. Limitation on refunds. No refunds shall be made in any case when application therefor was made more than three (3) years after the last day of the tax year for which such taxes were assessed. 2. An Ordinance To Amend The Subdivision Ordinance of Isle of Wight County To Require Final Plats Be Recorded Within Thirty Days No one appeared in favor or in opposition. November 5, 1987 Page 422 Supervisor Bailey moved the Board approve the "Ordinance To Amend The Subdivision Ordinance of Isle of Wight County to Require Final Plats Be Recorded Within Thirty Days". AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY TO REQUIRE FINAL PLATS BE RECORDED WITHIN THIRTY DAYS BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGiIQIA, that Section 5-8 of the Subdivision Ordinance of Isle of Wight County, Virginia, be amended to read as follows: 5-8. Conditions. The plat shall not be approved until the subdivider has complied with all requirements of this ordinance as to the proposed subdivision and as to all subdivisions of the subdivider in Isle of Wight County, and has made satisfactory arrange- ments for performance bond, cash or cash bond to cover the costs of necessary improvements, in lieu of construction, to the satisfaction of the agent. Approval of the final plat shall be written on the face of the plat by the agent. The subdivider shall record the plat within thirty days after final approval, otherwise the plat shall be void. 3. An Ordinance To Amend The Zoning Ordinance of Isle of Wight County To Provide For Reduced Lot Frontage On Cul-de-sacs In R-3 Zones No one appeared in favor or in opposition. Supervisor Bailey moved the Board adopt the "Ordinance To Amend The Zoning Ordinance of Isle of Wight County To Provide For Reduced Lot Frontage On Cul-de-sacs In R-3 Zones". The vote in favor was unanimous. AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO PROVIDE FOR REDUCED LOT rr^RONTAGE ON CUL-DE-SACS IN R-3 ZONES BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the following provisions be added to Article 5.1, R-3, Townhouse Residence District of the Zoning Ordinance of Isle of Wight County, Virginia: Section 5.1-s., l.,d. Frontage regulations. The minimum frontage for permitted uses shall be eig'rty feet except, if the lot is located upon a cul-de-sac as defined and in accordance with specifications in the County Subdivision Ordinance, the minimum frontage shall be thirty-six feet. Section 5.1-2., 2.,c. Frontage regulations. The minimum frontage for permitted uses shall be ninety feet except, if the lot is located upon a cul-de-sac as defined and in accordance with specifications in the County Subdivision Ordinance, the minimum frontage shall be forty-one feet. Chairman Bradby called for a public hearing on the following rezoning applications: 1 1 1. The application of Tom J. Wilder for a change in zoning classification from A-1, Agri- November 5, 1987 Page 423 cultural Limited, to R-MH-A, Rural Mobile Home District, 1.619 acres of land located on the north side of Route .639, between Routes 641 and 460, in Hardy Magisterial District. The purpose of the application is for the germanent location of one mobile home. i U Tom J. Wilder appeared. No one appeared in opposition. The Chairman stated the Planning Commission recommended approval. Supervisor Bradshaw moved the Board approve the application of Tom J. Wilder for a change in zoning classification from A-1, Agricultural Limited, to R-MH-A, Rural Mobile Home District, 1.619 acres of land located on the north side of Route 639, between Routes 641 and 460, in Hardy Magisterial District. The motion carried unanimously. 2. The application of Eloise P. Luter for a change in zoning classification from A-1, Agricultural Limited, to R-A, Rural Re- sidential,. approximately 2 acres of land located on the west side of Route 602, between Routes 644 and 600, in Newport Magisterial District. The purpose of the application is for tw*o rural re- sidential lots. No one appeared in favor or in opposition. The Planning Commission recommended unanimous approval of the application, stated the Chairman. In L~ On motion of Supervisor Turner, the Board voted unanimously to approve the application of Eloise P. Luter for a change in zoning classification from A-1, Agricultural Limited, to R-A, Rural Residential, approximately 2 acres of land located on the west side of Route 602, between Routes 644 and 600, in Newport Magisterial District. 3. The application of Leonidas Cutchins, Jr. for a change in zoning classification from A-1, Agricultural Limited, to R-biH-A, Rural Mobile Home District, approximately one acre of land located on the south side of Route 653, between Routes 641 and 613, in Windsor .Magisterial District. The purpose of the application is for the permanent location of one mobile home. Peggy Cutchins appeared on behalf of the applicant. No one appeared in opposition. The Planning Cor;*~ission voted unanimously to recom~rend approval, stated the Chairman. Supervisor Bradshaw moved the Board approve the application of Leonidas Cutchins, Jr. 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 south side of Route 653, between Routes 641 and 613, in Windsor Magisterial District. The motion carried unanimously. 1 4. The application of James P. Wells for a change in zoning classification from R-A, Rural Residential, to. Conditional R-MH-1, Conditional Urban Mobile Hc~:e District, 3.56 acres of land located at the inter- section of Routes 682 and 681, in Hardy Magisterial District. The purpose of the application is for no more than 3 double wide, modular or stick built home sites. November 5, 1987 Page 424 James P. Wells appeared. No one appeared in opposition. The Planning Commission recommended approval, stated the Chairman. Supervisor Turner moved the application of James P. Wells for a change in zoning classification from R-A, Rural Residential, to Conditional R-MH-1, Conditional Urban Mobile Home District, 3.56 acres of land located at the intersection of Routes 682 and 681, in Hardy Magisterial District be approved. The vote in favor was unanimous. 5. The application of Romayne L. Frank and Robert J. Fran Y. for a change, in zoning classification from A-I, Agricultural Limited, to Conditional B-1, Conditional Business General, 33 acre., of land, and from A-1, Agricultural Limited, to Con- ditional Agricultural Limited, 2 acres of land located on the east side of Routes 10 and 32 and the south side of Routes 32 258, between Routes 10 and 32 and Route 665, in Newport Magisterial District. The pun- pose of the application is for uses allowed in business and agricultural zones. Jonathan Frank, appeared to represent the applicants., and stated he would be glad to answer any questions the Board members may have. No one appeared in opposition. The Planning Commission voted to recommend approval, stated the Chairman. Planning Director Lewis informed the Board members the Health Department was chiefly concerned about whether there was adequate suitable land to acconunodate the proposed development of septic tanks. It also expressed reservations about whether it is appropriate to serve large commercial developments with mass septic tank drainfields, said Mr. Lewis. The Department of Highways wanted a traffic impact study conducted and submitted by the applicants to the Department of Highways for review and approval, stated Mr. Lewis. Mr. Lewis continued saying this would specify the type of traffic improvements the developers must provide to serve the project. A study has been submitted to the Highway Department which has not yet completed review of the plan, said Mr. Lewis. On motion of Supervisor Turner, the Board voted unanimously to approve the application of Romayne L. Frank and Robert J. Frank for a change in zoning classification from A-1, Agricultural Limited, to Conditional B-1, Conditional Business General, 33 acres of land, and from A-1, Agricultural Limited, to Conditional A-1, Conditional Agricultural Limited, 2 acres of land located on the east side of Routes 10 and 32 and the south side of Routes 32 and 258, between Routes 10 and 32 and Route 665, in Newport Magisterial District with the following proffered conditions:. (1) conditional A-1 for 2 acres, which would be reserved for future dedication to Benns United Methodist Church for church use or church related activities including the buffering, (2) Conditional B-1 for 33 acres excluding the 2 acres around the church which would be reserved for future dedication to Benns United Methodist Church; (a) permitted uses and relationship between usage will be as shown on the Master. Plan entitled Master Plan - Benns Church Development, (b) Phase 3, consisting of a 60 unit motel and 4-5 doctor offices, shall not exceed 50$ of the engineered capacity of the septic field as approved by the Health Department. Upon determination of the capacity of the septic field additional construction may be performed in the future, but the accumulated sewage discharge requested shall 1 1 1 not exceed 50~ of the determined available septic field November 5, 1987 Page 425 capacity. If in the future, the Health Department determines that the 50• reserve is excessive a reduced reserve may be established. All sewage used for construction shall be in accordance with regulations and approved by the Public Health D~p,artment, (c) all developr,:rnt shall be connected to public utility systems when they hecbr~e available at no cost to the County and under regulations established by the County Public Service Authority, (d) if a central water system or package treatment plant is constructed by the developer to serve the develop:r.~nt, it shall be constructed in accordance with regulations of the Public Service Authority and shall be conveyed to the Public Service Authority at no cost if accepted by the said Authority, (e) all seeaage collection and water distribution syste~s shall be constructed in accordance with regulations of the Public Service Authority and shall be conveyed to the Public Service Authority at no cost if accepted by the said Authority and (f) traffic improvements shall be in accordance with requirements of i Virginia Department of Highways and Transportation and traffic engineering studies. // 11 Supervisor Bailey moved the agenda be amended to consider Item VIII, Old Business, next. The vote in favor was unanimous. The Chairman asked for consideration of the request of the City of Virginia Beach to construct a 60 inch diameter pipeline to transmit up to 60 million gallons per day of water from the Pea Hill Creek branch of Lake Gaston to the Norfolk Raw Y7ater Facilities located in the County of Isle of Wight and the City of Suffolk. William R. Savage, attorney representing the applicant, stated there had been sore ce-v~nts about changing the proposed route of the pipeline in Isle of Wight County to run it along the abandoned railroad track in Isle of Wight County which the residents feel would eliminate problems for them and would not affect any other county landowners. Mr. Savage stated the present route will have to be adhered to by Virginia Beach. Mr. Savage continued stating the study began in February 1978 by the Federal Government and local localities. This has been a dry fall and the reservoirs are down, co~^.mented Dkr. Savacte. Mr. Savage further stressed that the pipeline is vital to Vir~,inia E~sch. The tdorfolk reservoirs, used by Virginia Beach, are do•.an 61 percent of normal capacity and they are already talking about declaring an emergency, stated Mr. Savage. tyir. Savage continued stating that in April of 1984 W. B. Owen, former County Administrator, was sent a detailed letter fram Aubrey Watts giving specific details of the route through Isle of Wight County and sent plats outlining the proposed routes and suggested it be discussed with citizens and advise if there were any questions. A't'tr. Savage stated the reason the pipeline cannot be chs.nged is very real; by going down the railroad it would be less a problem for the county because there is already a pipeline.. The permit issued by the Federal Government is-not just a guideline. It took $1,000,000 in fees to get the permit. The proposed work cannot be changed without the Federal Governme`nt's permission. Therefore, it is vastly co~plicated to make the suggested change, said Mr. Savage. Another reason it cannot be changed, said Mr. Savage, is due to fact they are in litigation in North Carolina. Pin. Savage further stated that the City of Virginia Beach teas expended approximately $1,000,000 for tests for the route they now have and all work that has previously been done would not be useable. Mr. Savage further stated that Virginia Beach has made slight alterations to its design to appease landowners, but refused to consider the property o°;~aner's suggestion to reroute the pipeline along an old, unused track owned by Norfolk and Western Railroad. Mr. Savage stated trees and November 5, 1987 Page 426 seedlings will be replanted on property and the landowners will be reimbursed for trees which a're cut by Virginia Beach. Mr. Savage presented copies of correspondence between the City of Virginia Beach and Isle of Wight County, dating back to 1983 and asked that same be filed with the Clerk of the Board. Mr. Savage further stated there had been several meetings with Supervisors Bailey and Bradshaw and residents and they have tried hard to listen and follow their suggestions. Supervisor Bailey stated he felt the the request should. be returned to the Planning Commission for further consideration because the route now was not established when presented to the Planning Commission. Mr. Savage. replied saying, "The Planning Commission has nothing to do with it. The Planning Commission determines whether it is within the comprehensive use for the land and the plats are specific enough for the Planning Comn.ission and Board's consideration". County Attorney Crook stated that Code Section 15.1-456 requires the County to act within 60 days on the appeal. The Board can override the Planning Commission's decision confirm the Planning Commission or send it back to the Planning Commission. Mr. Crook continued saying he had prepared a resolution for the Board's consideration which, if agreed to by Virginia Beach, would provide for the Board of Supervisors of Isle'of Wight County to participate with Virginia Beach in determining damages to private property. He then distributed the resolution to the Board members. J. Leo Bourassa, retired State Water Control Board member and Carrollton resident, read a letter in favor of the pipeline. J. T. Warren, representing his mother, Virginia Warren, a property owner in the County, stated they agree with the fact that there is a water problem in South Hampton Roads but feels the landowners need consideration when crossing their property. Mr. Warren asked where the line would be relative to their property since part of the route of the line has been changed. Mr. Warren read a letter expressing his thoughts regarding the pipeline, stating he does not feel the property owners were treated fairly from the very beginning. Mr. Warren stated he does not favor this pipeline and asked the Board to table action until all property owners have been contacted and thoroughly understand where the pipeline will be. Lawrence Post, County resident, stated he was very satisfied with the offer made to him by Mr. Savage prior to the meeting. Mr. Post further stated he agreed with Supervisors Bailey and Bradshaw's plan to meet and discuss the pipeline with all affected property owners and he (Mr. Post) supports it as a much better alternative. Mr. Post stated he would like to see the Board table this matter until all property owners have had a say. Pamela Butler Cottman, adjoining property owner, thanked Supervisor Bailey for calling her because she lived in Northern Virginia. Mrs. Cottman stated the line had been moved to go around and not across her property. Mrs. Cottman also stated no one was for the installation of the pipeline when they attended the meeting in Windsor. Mrs. Ralph Nixon, property owner, stated she supported the rest of the residents' objections. U 1 [7 Loftin Rhodes, property owner, stated he farmed land where the gas line was installed years ago and crops do not produce in that area. Mr. Rhodes stated he was against the November 5, 1987 Page 427 pipeline installation 1008 and the only way they will get his land is to condemn it. :1 Supervisor Bailey questioned the area designated as 135D as to whether a well site was on it and asked is it Virginia Beach's or somebody else's. Tom Leahy replied it is someone else's. Mr. Savage stated James Robert Cobb and Harold C. Taylor had offered to sell the well site to them. // At 3:47 P.M. Supervisor minute recess, which passed reconvened at 4:05 P. M. Bradshaw moved to have a ten unanimously. The Board // Bob Shade, Project Management Engineer and consultant designing the pipeline, stated the railroad path would cost several million more dollars and would delay the project for months. It would also divert the water line from Lake Prince in Suffolk, a proposed storage reservoir, said Mr. Shade. Mr. Savage stated he doubted the railroad route would be approved by the Army Corps of Engineers. Following discussion, Supervisor Turner moved the Board table the request until the Decerber 3, 1987 meeting and negotiations be continued with the landowners. County Attorney Crook stated the motion is out of order because the Board has to act within 60 days; if Mr. Savage will agree to table the request it can be done. Supervisor Turner withdrew his motion. Mr. Savage stated they would like to get the request approved and do not want to postpone it. Mr. Savage continued saying, however, we will agree to continue it for 30 days. :7 Supervisor Turner moved that with the concurrence of the applicant, the request be tabled until December 3, 1987 in order to negotiate with the property owners. The motion carried unanimously. // Planning Director Lewis presented the following subdivision plat for the Board's consideration: Plat showing Section II of Windfall Estates, a subdivision consisting of 14 lots located on Route 677 in Hardy Magisterial District. Mr. Lewis stated the plat has been reviewed and approved by the Health Department and the Department of Highways and Transportation. Mr. Lewis further stated the Planning Commission recom~ ended approval. Supervisor Turner moved the Board approve the plat of Section II of Windfall Estates, a subdivision consisting of 14 lots located on Route 677 in Hardy Magisterial District. Supervisor Bailey expressed concern stating the _ dimensions should be put on the front sheet of the plat. Planning Director Lewis stated the ordinance only requires that dimensions be placed on the plat with curve data table- :and it has been done. Following discussion, again Supervisor Turner moved the Board approve the plat shoFaing Section II of -Windfall Estates, a subdivision consisting of 14 lots located on Route 677 in Hardy Magisterial District. The vote in favor was unanimous. Planning Director Lewis asked the Board to consider the request of. plat approval of the plat showing property being November 5, 1987 Page 428 conveyed to David C. and Wilma J. Cobb located northeast of Route 619 in Windsor Magisterial District and concur with the subdivision agent signing the plat allowing the lot to be subdivided as permitted in Code Section 7-28-4. Mr. Lewis recommended the Board approve the request subject to receiving final approval from the Highway Department. Supervisor Turner moved the Board approve the request of plat approval of the plat showing property being conveyed to David C. and Wilma J. Cobb located northeast of Route 619 in Windsor Magisterial District. Supervisor Bradshaw questioned why the Department of Highways and Transportation needed to approve the plat. Following discussion, County Attorney Crook stated it was not necessary for the Department of Highways and Transportation to approve it since there was no road frontage and no new entrance on a public road. Once again Supervisor Turner moved the Board approve the request of plat approval of the plat showing property being conveyed to David C. and Wilma J. Cobb located northeast of Route 619 in Windsor Magisterial District. The vote in favor was unanimous. // Supervisor Ross moved the Board authorize County Administrator Standish to request the Hampton Roads Sanitation District (HRSD) to prepare a feasibility analysis and cost/benefit study of the extension of sewer transmission mains from its treatment plant in Suffolk westward along either the Route 17 corridor or the Route 10/32 corridor to the vicinity of Smithfield. The motion passed unanimously. Mr. Bailey was absent when the vote was taken. Supervisor Turner moved the Board authorize County Administrator Standish to secure a similar HRSD feasibility and cost/benefit study for the extension of sewer transmission lines along a Route 460 corridor to the Windsor area, and beyond as may be appropriate. The vote in favor was unanimous. Supervisor Bailey was absent when the vote. was taken. On motion of Supervisor Bradshaw, the Board voted unanimously to approve change orders #1, #2 and #3 adding $40,108.94 to the original contract amount, which incorporates 21 changes in the construction contract for the Courthouse addition. Supervisor Turner moved the Board approve payment to the architect, in the amount of $5,112.50, and payments 9 and 10 to the contractors, in the amount of $42,668.59, for work on the Courthouse addition. The motion carried unanimously. On motion of Supervisor Bailey, the Board voted unanimously to adopt the resolution to appropriate $125,000.00 from the unappropriated fund balance of the general fund for the Courthouse addition of 1987. RESOLUTION TO APPROPRIATE ONE HUNDRED TWENTY- FIVE THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE COURTHOUSE ADDITION OF 1987 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has contracted for the construction of an addition to the Isle of Wight County Courthouse for the location of the Treasurer, Commissioner of Revenue, and other administrative offices during the fiscal year 1987-88, and 1 1 November 5, 1987 Paqe 429 WHEREAS, funds in the amount of one hundred twenty-five thousand dollars are needed to be appropriated form the unappropriated fund balance of the general fund to the Courthouse addition con- struction 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 one hundred tv~*enty-five thousand dollars ($125,000.00) be appropriated from the un- appropriated fund balance of the general fund to line item 9405-9999, Courthouse addition, construction in the 1987-1988 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight, Virginia, is authorized to make the appropriate accounting adjustment in the budget for this project and to do all the things necessary to give this resolution effect. On motion of Supervisor Ross, the Board voted unanimously to approve the budget transfer as requested by the Building Official as follo~rs: from 3401-5414 to 3401-3004, $100..00; from 3401-5414 to 3401-3007, $750; from 3402-5414 to 3401-5201, $100; from 3401-5414 to 3401-5401, $250; from 3401-5414 to 3401-5411, $350; from 3401-5414 to 3401-5413, $750; and 3401-5414 to 3401-5801, $150. County Administrator Standish recommended appropriate closure procedures begin relative to the County operated debris landfill, based upon the potential liability of landfill operations, costs to the County, and the availability of other landfill alternatives. Following discussion, Supervisor Turner moved the Board authorize County Administrator Standish to advertise the closure of the debris landfill in The Times, The Daily Press, Tidewater News and Virginian Pilot newspapers. The motion passed unanimously. County Administrator Standish recommended the Board adopt a resolution approving County employees' participation in the deferred compensation program of the International City Management Association at no cost to the County. This deferred compensation program would provide an additional retirement benefit to County employees. The second resolution would allow County employees to participate in the Virginia State Employees' Credit Union and allow the employees flexibility in their own personal finances, and offers a convenient alternative to commercial banking facilities. Supervisor Bailey moved the Board adopt the International City~Management Association resolution and the Virginia State Employees' Credit Union resolution. The vote in favor was unanimous. RESOLUTION Resolution of Isle of Wight County, Virginia (Employer). WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees will serve the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and November 5, 1987 Page 430 WHEREAS, the Employer has determined that the establishment of a deferred compensation plan to be administrated by the ICMA Retirement Corporation will serve the above objectives; and WHEREAS, the Employer desires that the investment of funds held under its deferred compensation plan be administered by the ICMA Retirement Corporation, as Trustee, with the understanding that such funds will be held by the ICMA Retirement Trust, a trust established. by public employers for the purpose of representing th.e interests of such employers with respect to the collective investment of funds held under their deferred compensation plans: ' NOW, THEREFORE, BE IT RESOLVED that the Employer adopts the deferred compensation plan, attached hereto as Appendix A, and appoints the ICMA Retirement Corporation to serve as Administrator thereunder; and BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B; and BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agreement, attached hereto as Appendix C, and appoints the ICMA Retirement Corporation as Trustee, thereunder, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as practicable; and BE IT FURTHER RESOLVED that the County Administrator shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY APPROVING PARTICIPATION IN THE VIRGINIA STATE EMPLOYEES' CREDIT UNION WHEREAS, the Virginia County Employees' Credit Union is available and has rendered financial services to public employees in the Commonwealth; and WHEREAS, permitting the employees of Isle of Wight County to become members of the Credit Union can provide an additional, optional benefit ~o such members; and WHEREAS, employees of the County have expressed the interest and desire to become members of the Virginia State Employees' Credit Union. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Isle of Wight County that approval is granted to allow County employees, at their option, to become individual members of the Virginia State Employees' Credit Union. BE IT FURTHER RESOLVED, that the County Administrator is directed to facilitate the provision of informing all employees, and to assist such employees as may be appropriate in securing such membership and providing the option of a payroll deduction program. 1 1 D November 5, 1987 Page 431 County Administrator Standish distributed copies of the report of local government and exgenditures received from the Auditor of Public Accounts to the Board members for their information. i~ County Administrator Standish informed the.Board members the State Water Control Board would conduct a public hearing Monday, November 9, 1987, at 7:00 P.M. relative to the Howard Johnson Motel to be erected at Benns Church. County Administrator Standish informed the Board members the Building Committee had met prior to the Board meeting relative to the Carrsville Volunteer Fire Station and well house structure. Mr. Standish continued stating the well house had not been included in the construction contract and the architect recor:~.^~ended he be allowed to prepare the design work for such house and add it to the construction contract by change order at a cost of ;17,642.00, along with the cost of plumbing adjustments in the ar.-ount of $462.00, electrical work at a cost of $615.00 and erosion control work at a cost of $649.00. These costs. would increase the construction contract by an amount not to exceed $19,368.00. The architect's fee would be increased by $1,100.00. Supervisor Ross expressed concern regarding the well house construction and questioned why The Rose Water System should be hooked on to the fire department system. Supervisor Ross stated he wanted to know the cost of hooking the Rose Water System separately before he voted on same. County Administrator Standish was instructed to seek this information and report back to the Board. 1 Supervisor Turner moved the Board approve the plumbing adjustment costs of $462.00, the electrical work at a cost of $615.00 and the erosion control work at a cost of $649.00. The vote in favor was unanimous. On recommendation of County Administrator Standish and on motion of Supervisor Bailey the following county residents were appointed to serve as the County representatives on the Superfund Amendments and Reauthorization Act (SARA) of 1986 committee: Kenneth McLawhon, appointed official, Town Manager, Windsor; John Edwards, Print Media Representative, The Times; Melia Hellmann, Isle of Wight Resident; and Thomas Cronley, Isle of Wight Resident. On motion of Supervisor Bailey, the Board voted unanimously to direct County Administrator Standish to check on the Chuckatuck telephone line to determine if a two digit number can be used to dial the number rather than the switchboard operation dialing the number for County employees. // County Attorney Crook stated he would have the deed of the well lot for the Carrsville Volunteer Fire Department Building ready for the Board's consideration at the December 3, 1987 Board meeting. 1 County Attorney Crook informed the Board members that Dan Blot, with the firm of Hayes, Seay, Mattern & Mattern was present to give a presentation relative to the construction of a County jail. // On motion of Supervisor Turner, the Board voted unanimously to approve the General Fund Bill Register as amended. November 5, 1987 Page 432 Supervisor Ross moved the Board approve the checks written during the month of October 1987 which did not appear on the two General Fund Bill Registers. The motion carried unanimously. // Supervisor Bradshaw moved David Holt, Route 1, Zuni, Virginia, and David Cobb, Route 1, Carrsville, Virginia, be appointed to serve on the Highway Safety Commission. The vote in favor was unanimous. // On motion of Chairman Bradby,•the Board voted unanimously to approve the October 1 and 15, 1987 Board minutes. // At 5:20 P. M. Supervisor Turner moved the Board have a ten minutes recess, which passed unanimously. The Board reconvened at 5:35 P.M. // Chairman Bradby recognized John P. Bradshaw, Jr., a principal in the firm of Hayes, Seay, Mattern & Mattern, a Roanoke Engineering Firm that constructs jails. Mr. Bradshaw stated his firm has been doing business over 40 years and sell their services to both counties and cities. Mr. Bradshaw continued stating that they feel jails should have the same attention given to the other County facilities in the Courthouse Complex because it is a building you will have use of for the next 100 years. Mr. Bradshaw urged the Board to design its own jail and to depend on the architect to do so. Mr. Bradshaw recognized Dan Bolt, architect, and Bill Porter, engineer, with his firm. Mr. Bolt suggested the Board construct a 100 cell jail with the possibility of expanding if necessary. Mr. Bolt stated the following factors should be considered when planning construction of a jail: (1) cost, (2) security, (3) safety, (4) flexibility, (5) physical and psychological and (6) efficiency. Mr. Bolt further informed the Board that the way their firm would work for them is: (1) assign one of the partners to the job, (2) assign project manager, (3) meet and see what objectives are, (4) gather data, (5) work with State for requirements, (6) prepare an analysis data and written program, (7) prepare the design, (8) provide detail work drawing and specifications, (9) let bids, (20) occupancy and (11) follow up on the project. No action was taken relative to the jail construction. ~, /I County Attorney Crook informed the Board members he would like an executive session for the purpose of discussing litigation, personnel and contract negotiations. On motion of Supervisor Turner, the Board voted unanimously to go into executive session for the purpose of discussing with legal counsel and staff members litigation, personnel and contract negotiations. The Board went into executive session at 6:07 P. M. and returned to open session at 6:25 P. M. // 1 i_ 1 At 6:26 P. M. Supervisor Ross moved the meeting be adjourned. The vote in favor was unanimous.