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.
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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:
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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.
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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
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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.
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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
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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.
//
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
//
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At 6:26 P. M. Supervisor Ross moved the meeting be
adjourned. The vote in favor was unanimous.